Súmula 254
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 | 88-88 |
Page 88
SALÁRIO-FAMÍLIA. TERMO INICIAL DA OBRIGAÇÃO.
O termo inicial do direito ao salário-família coincide com a prova da filiação. Se feita em juízo, corresponde à data de ajuizamento do pedido, salvo se comprovado que anteriormente o empregador se recusara a receber a respectiva certidão.
Assunto: salário-família.
Legislação correlata: CRFB/7º, XII; Lei 8.213/1991. Súmulas do TST relacionadas: 344.
Comentários
O salário-família está previsto na CRFB/7º, XII e foi regulamentado pela Lei 8.213/1991, que dispõe, no art. 67, que "o pagamento do salário-família está condicionado à apresentação da certidão de nascimento do filho ou da documentação relativa ao equiparado ou inválido...".
Para fazer jus ao benefício, o empregado deve comprovar, documentalmente, ao empregador, da filiação. É um ônus que a lei lhe impõe. Por isso que a documentação deve ser entregue no curso do contrato. Se extinto o contrato sem que o empregado tenha os entregue, não terá direito ao benefício.
Com base nisso, o TST firmou, na súmula em comento, o entendimento sobre o termo inicial da obrigação do empregador. São 2 situações:
1) Se o...
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