Súmula 287
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 | 97-98 |
Page 97
JORNADA DE TRABALHO. GERENTE BANCÁRIO.
A jornada de trabalho do empregado de banco gerente de agência é regida pelo art. 224, § 2º, da CLT. Quanto ao gerente-geral de agência bancária, presume-se o exercício de encargo de gestão, aplicando-se-lhe o art. 62 da CLT.
Assunto: bancário; jornada de trabalho.
Legislação correlata: CLT/224.
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 a jornada de trabalho dos bancários, ver comentários à súmula 102.
A súmula em comento traz uma distinção entre gerentes de banco.
Page 98
Gerente de agência.
Gerente de agência tem subordinados e exerce cargo de confiança. São os gerentes de setores, como gerente de investimentos ou de cobrança.
O gerente de agência encontra-se na exceção pre-vista na CLT/224, § 2º. Sua jornada de trabalho é de 8 horas diárias e 44 semanais, considerando-se extras as que excederem a jornada normal, devendo ser pagas com acréscimo de 50%, no mínimo.
Gerente-geral de agência.
Gerente-geral de agência é aquele a quem todos os gerentes de agência se subordinam. Ele exerce cargo de gestão. Não estão sujeitos a controle de jornada, incidindo a regra da...
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