Súmula 178
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 | 70-70 |
Page 70
TELEFONISTA. ART. 227, E PARÁGRAFOS, DA CLT. APLICABILIDADE.
É aplicável à telefonista de mesa de empresa que não explora o serviço de telefonia o disposto no art. 227, e seus parágrafos, da CLT.
Assunto: telefonista.
Legislação correlata: CLT/227. Súmulas do TST relacionadas: não há.
Comentários
A CLT/227 estabelece jornada diferenciada, de 6 horas, para os empregados nas empresas que explorem o serviço de telefonia, telegrafia submarina ou subflu-vial, de radiotelegrafia ou de radiotelefonia.
Interpretando o referido dispositivo legal, o TST adotou uma abordagem extensiva, entendendo que ele albergava, também, o empregado que exerce função de telefonista, em qualquer empresa, e não apenas a que explora serviços de telefonia e afins. Isso se dá em razão da identidade de função.
Desta forma, o empregado que exerce função de telefonista, em qualquer tipo de empresa, tem direito à jornada de trabalho especial de 6 horas diárias e 36 semanais.
Vale lembrar que o operador de telex não é equiparado a telefonista e não tem direito à jornada reduzida, conforme OJ 213 da SDBI-1 do TST:
TST, SDBI-1, OJ 213.
TELEX. OPERADORES. ART. 227 DA CLT. INAPLICÁVEL. O operador de telex de empresa, cuja atividade...
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