Súmula 239
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 | 83-83 |
Page 83
BANCÁRIO. EMPRESA DE PROCESSAMENTO DE DADOS.
É bancário o empregado de empresa de processamento de dados que presta serviço a banco integrante do mesmo grupo econômico, exceto quando a empresa de processamento de dados presta serviços a banco e a empresas não bancárias do mesmo grupo econômico ou a terceiros.
Assunto: bancário; equiparação.
Legislação correlata: CLT/224.
Súmulas do TST relacionadas: 55; 93; 102; 109; 113; 117; 124; 199; 226; 240; 287.
Comentários
Sobre bancários, ver comentários à súmula 93. Para evitar fraudes decorrentes de terceirização ilícita a súmula em comento equipara a bancário o empregado de empresa de processamento de dados que presta serviço para banco integrante do mesmo grupo econômico.
Para tentar contornar a jornada especial do bancário de 6 horas diárias (CLT/224), os bancos adotaram a prática de criar empresas de processamento de dados e contratar, através de tais empresas, empregados que acabariam exercendo a função...
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