Súmula 257
| 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
VIGILANTE.
O vigilante, contratado diretamente por banco ou por intermédio de empresas especializadas, não é bancário.
Assunto: vigilante; bancário; equiparação.
Legislação correlata: CLT/224; Lei 7.102/1983.
Súmulas do TST relacionadas: 55; 93; 102; 109; 113; 117; 124; 199; 226; 239; 240; 287.
Comentários
Sobre bancários, ver comentários à súmula 93. Sobre categorias diferenciadas, ver comentários à súmula 117.
Vigilante é uma categoria diferenciada, que tem sua regulamentação na Lei 7.102/1983. O seu art. 2º autoriza a prestação de serviços de vigilância a outras entidades privadas e particulares, bem como a órgãos e empresas públicas. Legitima, nesse caso, a terceirização, por não se tratar de atividade-fim (ver súmula 331).
Desta forma, mesmo que preste serviço em agência bancária, vigilante não é bancário, não...
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