Súmula 289
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 | 98-98 |
Page 98
INSALUBRIDADE. ADICIONAL. FORNECIMENTO DO APARELHO DE PROTEÇÃO. EFEITO.
O simples fornecimento do aparelho de proteção pelo empregador não o exime do pagamento do adicional de insalubridade. Cabe-lhe tomar as medidas que conduzam à diminuição ou eliminação da nocividade, entre as quais as relativas ao uso efetivo do equipamento pelo empregado.
Assunto: insalubridade; adicional.
Legislação correlata: CLT/189, 191, 192, 194.
Súmulas do TST relacionadas: 47;80; 139; 248;289; 293; 448.
Comentários
Sobre insalubridade, ver comentários à súmula 47. A eliminação da condição insalubre se dá conforme previsto na CLT/191:
Art. 191 - A eliminação ou a neutralização da insalubridade ocorrerá:
I - com a adoção de medidas que conservem o ambiente de trabalho dentro dos limites de tolerância;
II - com a utilização de equipamentos de proteção individual ao trabalhador, que diminuam a intensidade do agente agressivo a limites de tolerância.
A eliminação da condição insalubre afasta o direito do trabalhador ao adicional respectivo (CLT/194). Já...
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