Súmula 225
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 | 80-81 |
Page 80
REPOUSO SEMANAL. CÁLCULO. GRATIFICAÇÕES POR TEMPO DE SERVIÇO E PRODUTIVIDADE.
As gratificações por tempo de serviço e produtividade, pagas mensalmente, não repercutem no cálculo do repouso semanal remunerado.
Assunto: repouso semanal remunerado, gratificação. Legislação correlata: CLT/457, § 1º, Lei 605/1949. Súmulas do TST relacionadas: 27, 172, 203.
Comentários
Sobre repouso semanal remunerado (RSR), ver comentários à súmula 27.
Page 81
Conforme dispõe a Lei 605/1949, art. 7º, para os empregados mensalistas, o repouso semanal já encontra-se remunerado no salário.
Daí que, tendo em vista que as gratificações inte-gram o salário (CLT/457, § 1º), o valor delas já está computado no RSR pago mensalmente.
O que a súmula em comento cuida esclarecer é que não se deve proceder a uma nova inclusão (repercussão) do valor das gratificações pagas para se calcular os RSR’s, pois isto...
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