Súmula 171
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 | 69-69 |
Page 69
FÉRIAS PROPORCIONAIS. CONTRATO DE TRABALHO. EXTINÇÃO.
Salvo na hipótese de dispensa do empregado por justa causa, a extinção do contrato de trabalho sujeita o empregador ao pagamento da remuneração das férias proporcionais, ainda que incompleto o período aquisitivo de 12 (doze) meses (art. 147 da CLT).
Assunto: férias
Legislação correlata: CRFB/7º, XVII; CLT/142-145 Súmulas do TST relacionadas: 7; 14; 46; 81; 89; 261; 328; 450.
Comentários
Sobre férias, ver comentários à súmula 7.
A súmula em comento trata das férias proporcionais na extinção do contrato de trabalho por iniciativa do empregador. Sobre as férias proporcionais na extinção do contrato por iniciativa do empregado, ver súmula 261.
As férias proporcionais estão prevista na CLT/147:
Art. 147. O empregado que for despedido sem justa causa, ou cujo contrato de trabalho se extinguir em prazo predeterminado, antes de completar 12 (doze) meses de serviço, terá direito à remuneração relativa ao período incompleto de férias, de conformidade com o disposto no artigo anterior.
A lei é bastante clara: com exceção da dispensa por justa causa (CLT/482), qualquer que seja o motivo da extinção do contrato de trabalho antes de completar o período aquisitivo de 12 meses das férias, o...
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