Súmula n° 377 do TST dispensa vínculo entre preposto e microempresa ou empresa de pequeno porte
| Autor | Ricardo Sitzer |
| Ocupação do Autor | Sócio de Do Val, Pereira de Almeida, Sitzer e Gregolin Advogados. |
| Páginas | #5 |
O novo texto afasta a exigência, nas reclamações trabalhistas, de que o preposto de microempresas e empresas de pequeno porte seja necessariamente empregado do reclamado: "Súmula nº 377 do TST - PREPOSTO. EXIGÊNCIA DA CONDIÇÃO DE EMPREGADO - Exceto quanto à reclamação de empregado doméstico, ou contra micro ou pequeno empresário, o preposto deve ser necessariamente empregado do reclamado. Inteligência do art. 843, § Io, da CLT e do art. 54 da Lei Complementar n° 123, de 14 de dezembro de 2006."
A proposta de alteração foi apresentada peia Comissão Permanente de Jurisprudência e Precedentes Normativos, com a finalidade de adequar o dispositivo da Súmula à Lei Complementar n° 123/2006 (Estatuto Nacional da Microempresa e da Empresa de Pequeno Porte), em especial ao seu artigo...
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