Súmula 188
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 | 71-72 |
Page 71
CONTRATO DE TRABALHO. EXPERIÊNCIA. PRORROGAÇÃO.
O contrato de experiência pode ser prorrogado, respeitado o limite máximo de 90 (noventa) dias.
Assunto: contrato de experiência; prorrogação.
Legislação correlata: CLT/445, § único; 451. Súmulas do TST relacionadas: 163.
Comentários
O contrato de experiência é uma das espécies de contrato de trabalho por prazo determinado. Ele deve sempre ser celebrado por escrito e tem duração máxima
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de 90 dias (CLT/445, § único). Excedido esse prazo, o contrato passa a vigorar por prazo indeterminado.
O contrato de experiência poderá ser prorrogado uma única vez, dentro do prazo de 90 dias. É o que dispõe, por via transversa, a CLT/451:
Art. 451. O contrato de trabalho por prazo determinado que, tácita ou expressamente, for prorrogado mais de uma vez passará a vigorar sem determinação de prazo.
Admitindo-se uma prorrogação ao contrato por prazo indeterminado, essa regra alcança o contrato de...
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