Súmula 125
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 | 57-57 |
Page 57
CONTRATO DE TRABALHO. ART. 479 DA CLT.
O art. 479 da CLT aplica-se ao trabalhador optante pelo FGTS admitido mediante contrato por prazo determinado, nos termos do art. 30, § 3º, do Decreto n. 59.820, de 20.12.1966.
Assunto: contrato de trabalho; rescisão; indenização. Legislação correlata: CLT/479.
Súmulas do TST relacionadas: 14; 28; 44; 54; 69; 291; 314.
Comentários
A súmula em comento se refere aos contratos por prazo determinado. A CLT/479 dispõe:
Art. 479. Nos contratos que tenham termo estipulado, o empregador que, sem justa causa, despedir o empregado será obrigado a pagar-lhe, a título de indenização, e por metade, a remuneração a que teria direito até o termo do contrato.
O mencionado decreto 59.820/1966, que regulamentava o FGTS, não está mais em vigor. Ele foi revogado pelo decreto 99.684/1990. A questão da indenização está tratada, agora, no art. 19, § 1º, que estabelece, nos casos de rescisão sem justa causa, o depósito, pelo empregador, de 40% do saldo do FGTS na conta vinculada do obreiro.
O TST entende que o disposto a indenização de 40% sobre o FGTS é compatível com o disposto na CLT/479, aplicando-se, ambos, em conjunto. E com razão, pois o mencionado art. 19, § 1º, não faz...
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