Súmula 228
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 | 81-81 |
Page 81
ADICIONAL DE INSALUBRIDADE. BASE DE CÁLCULO.
A partir de 9 de maio de 2008, data da publicação da Súmula Vinculante n. 4 do Supremo Tribunal Federal, o adicional de insalubridade será calculado sobre o salário básico, salvo critério mais vantajoso fixado em instrumento coletivo.
Assunto: insalubridade; adicional.
Legislação correlata: CLT/189, 192.
Súmulas do TST relacionadas: 47, 80, 132, 139, 248, 289, 293.
Comentários
Sobre insalubridade, ver súmula 47.
A súmula em comento está com sua eficácia suspensa por decisão liminar do STF.
Ela trata da base de cálculo do adicional de insalubridade. Conforme dispõe a CLT/192, o adicional de insalubridade é devido em um percentual variável (10, 20 ou 40%) sobre o salário mínimo.
O STF editou a súmula vinculante n. 4, proibindo o uso do salário mínimo como indexador de base de cálculo para qualquer vantagem auferida pelo empregado. Em razão disso, o TST editou a súmula em comento, determinando que a base de cálculo do adicional de insalubridade deveria ser o salário...
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