Súmula 242
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 | 84-84 |
Page 84
INDENIZAÇÃO ADICIONAL. VALOR.
A indenização adicional, prevista no art. 9º da Lei n. 6.708, de 30.10.1979 e no art. 9º da Lei n. 7.238, de 28.10.1984, corresponde ao salário mensal, no valor devido na data da comunicação do despedimento, integrado pelos adicionais legais ou convencionados, ligados à unidade de tempo mês, não sendo computável a gratificação natalina.
Assunto: indenização adicional.
Legislação correlata: Lei 7.238/1984. Súmulas do TST relacionadas: 182; 314.
Comentários
Sobre indenização adicional, ver comentários à súmula 182.
Conforme dispõe a Lei 7.238/1984, art. 9º, o empregado dispensado sem justa causa nos 30 dias que ante-cedem a data base da sua categoria tem direito a uma indenização adicional equivalente a 1 salário mensal.
A súmula em comento tem a função de interpretar qual o significado de salário mensal, se seria salário no sentido estrito ou se seria remuneração. E pelo que se deflui dela, o entendimento do TST é pela segunda opção.
Assim, a indenização devida será composta pelo salário do empregado acrescido de...
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