Súmula 243
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 | 84-85 |
Page 84
OPÇÃO PELO REGIME TRABALHISTA. SUPRESSÃO DAS VANTAGENS ESTATUTÁRIAS.
Exceto na hipótese de previsão contratual ou legal expressa, a opção do funcionário público pelo regime trabalhista implica a renúncia dos direitos inerentes ao regime estatutário.
Assunto: mudança de regime.
Legislação correlata: CRFB/7º e 37. Súmulas do TST relacionadas: 382.
Comentários
Não deve haver regime de trabalho híbrido, que tenha parte de direitos próprios de servidores estatu-
Page 85
tários e parte de empregados públicos (celetistas). Por essa razão, entende o TST que, ao exercer a opção pelo regime celetista, o servidor público renuncia aos direitos próprios do regime estatutário, tais como gratificação de produtividade (súmula 121) e quinquênios (súmula 105), entre outros.
No sentido contrário...
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