Súmula 253
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 | 87-87 |
Page 87
GRATIFICAÇÃO SEMESTRAL. REPERCUSSÃO NOS CÁLCULOS DAS HORAS EXTRAS, DAS FÉRIAS E DO AVISO-PRÉVIO.
A gratificação semestral não repercute no cálculo das horas extras, das férias e do aviso-prévio, ainda que indenizados. Repercute, contudo, pelo seu duodécimo na indenização por antiguidade e na gratificação natalina.
Assunto: gratificação.
Legislação correlata: CLT/457, § 1º.
Súmulas do TST relacionadas: 148; 203; 225; 226.
Comentários
Gratificação semestral é uma gratificação paga pelo empregador, em decorrência de norma coletiva ou por liberalidade, a cada 6 meses, ou seja, apenas duas vezes ao ano. Sendo assim, ela não pode repercutir nas férias e no aviso-prévio, porque não são pagas mensalmente (CLT/129 e 488). No caso das horas extras, a súmula 115 estabelece que, sendo habituais, integram a remuneração para cálculo da gratificação semestral, de sorte, então, que o contrário não pode mesmo ocorrer.
Como a indenização por...
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