Súmula 101
Autor | Fernando Augusto de Vita Borges de Sales |
Ocupação do Autor | Advogado. Mestre em direito. Professor do curso de direito da UNIP - Universidade Paulista e Professor do curso de direito da UNICID - Universidade Cidade de São Paulo |
Páginas | 50-51 |
Page 50
DIÁRIAS DE VIAGEM.
Integram o salário, pelo seu valor total e para efeitos indenizatórios, as diárias de viagem que excedam a 50% (cinquenta por cento) do salário do empregado, enquanto perdurarem as viagens.
Assunto: diárias de viagem; integração.
Legislação correlata: CLT/457, § 2º. Súmulas do TST relacionadas: não há.
Comentários
Dispõe a CLT/457, § 2º, que não se incluem no salário as ajudas de custo, assim como as diárias para viagem que não excedam de 50% do salário percebido pelo empregado". (destaque nosso).
Em sentido contrário, então, as diárias de viagem que excederem a 50% do salário integram o salário. Foi nesse sentido o entendimento do TST, consubstanciado na súmula em comento. Assim, se o valor das diárias de viagem ultrapassar o montante de 50% do salário do empregado, ele terá natureza salarial, influindo no cálculo das verbas contratuais e rescisórias.
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