Súmula 240
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. GRATIFICAÇÃO DE FUNÇÃO E ADICIONAL POR TEMPO DE SERVIÇO.
O adicional por tempo de serviço integra o cálculo da gratificação prevista no art. 224, § 2º, da CLT.
Assunto: bancário; remuneração.
Legislação correlata: CLT/224.
Súmulas do TST relacionadas: 55; 93; 102; 109; 113; 117; 124; 199; 226; 239; 287.
Comentários
Sobre bancários, ver comentários à súmula 93.
Dispõe a CLT/457, § 1º:
Art. 457. Compreendem-se na remuneração do empregado, para todos os efeitos legais, além do salário devido e pago diretamente pelo empregador, como contraprestação do serviço, as gorjetas que receber.
§ 1º. Integram o salário não só a importância fixa estipulada, como também as comissões, percentagens, gratificações ajustadas, diárias para viagens e abonos pagos pelo empregador.
O adicional por tempo de serviço é uma gratificação paga ao empregado em razão do tempo que ele serve ao empregador. As gratificações, pagas com habitualidade, integram o salário (ver súmulas 203 e...
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