Súmula 202
| 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 | 76-76 |
Page 76
GRATIFICAÇÃO POR TEMPO DE SERVIÇO. COMPENSAÇÃO.
Existindo, ao mesmo tempo, gratificação por tempo de serviço outorgada pelo empregador e outra da mesma natureza prevista em acordo coletivo, convenção cole-tiva ou sentença normativa, o empregado tem direito a receber, exclusivamente, a que lhe seja mais benéfica.
Assunto: Gratificação; integração.
Legislação correlata: CLT/457, § 1º. Súmulas do TST relacionadas: 148; 203.
Comentários
A gratificação por tempo de serviço é um benefício que pode ser concedido ao empregado por ato do empregador ou por Acordo ou Convenção Coletivo. Ela tem natureza salarial e integra o salário para todos os fins de direito (ver comentários à súmula 203).
Por ser um benefício ele não pode ser recebido em duplicidade. Daí o entendimento do TST de que havendo o mesmo benefício concedido pelo...
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