Súmula 182
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
AVISO-PRÉVIO. INDENIZAÇÃO COMPENSATÓRIA. LEI N. 6.708, DE 30.10.1979
O tempo do aviso-prévio, mesmo indenizado, conta-se para efeito da indenização adicional prevista no art. 9º da Lei n. 6.708, de 30.10.1979.
Assunto: aviso-prévio; indenização adicional.
Legislação correlata: CLT/487; Lei 7.238/1984.
Súmulas do TST relacionadas: 10; 44; 163; 230; 242; 276; 305; 314; 348; 371; 380; 441.
Comentários
Sobre aviso-prévio, ver comentários à súmula 44. A Lei 6.708/1979 não está mais em vigor, revogada que foi pela Lei 7.238/1984, mas a indenização continua prevista, no art. 9º da nova lei:
Art. 9º. O empregado dispensado, sem justa causa, no período de 30 (trinta) dias que antecede a data de sua correção salarial, terá direito à indenização adicional equivalente a um salário mensal, seja ele optante ou não pelo Fundo de Garantia do Tempo de Serviço - FGTS.
Essa indenização é devida quando o empregado é dispensado nos 30 dias que antecedem a data base da categoria.
O aviso-prévio integra o tempo de serviço do empregado para todos os fins, conforme prevê a CLT/487, § 1º. Se assim é, conta-se também para efeito de indenização adicional. Na prática, o tempo do aviso-prévio projeta-se para o futuro, mesmo que ele seja indenizado. Assim, se o empregado for dispensado...
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