Súmula 24
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 | 24-24 |
Page 24
CÁLCULO. INDENIZAÇÃO. SERVIÇO EXTRA- ORDINÁRIO.
Insere-se no cálculo da indenização por antiguidade o salário relativo a serviço extraordinário, desde que habitualmente prestado.
Assunto: horas extras; integração.
Legislação correlata: CRFB/7º, XIII; CLT/774. Súmulas do TST relacionadas: 45; 63; 115; 172; 291; 347.
Comentários
A súmula em comento trata da integração das horas extras prestadas com habitualidade no cálculo da indenização por antiguidade. A orientação da súmula decorre da inteligência da CLT/477:
Art. 477. É assegurado a todo empregado, não existindo prazo estipulado para a terminação do respectivo contrato, e quando não haja ele dado motivo para cessação das relações de trabalho, o direto de haver do empregador uma indenização, paga na base da maior remuneração que tenha percebido na mesma empresa.
Em face do seu caráter salarial, se as horas extras são realizadas e, consequentemente, pagas com habitualidade, deverão integrar as demais verbas contratuais e rescisórias, como 13º salário (súmula 45), FGTS (súmula 63), gratificações (súmula 115), RSRs (súmula...
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