Súmula 326
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 | 111-111 |
Page 111
COMPLEMENTAÇÃO DE APOSENTADORIA. PRESCRIÇÃO TOTAL.
A pretensão à complementação de aposentadoria jamais recebida prescreve em 2 (dois) anos contados da cessação do contrato de trabalho.
Assunto: prescrição; contagem do prazo.
Legislação correlata: CRFB/7º, XXIX; CC/189.
Súmulas do TST relacionadas: 153; 156; 275; 294; 308; 327; 350; 362; 372.
Comentários
Sobre prescrição, ver comentários à súmula 153. Se o empregador tem a obrigação contratual de efetuar o pagamento da complementação de aposentadoria do empregado aposentado e não o faz, a prescrição será total. É que se vai buscar no judiciário, primeiramente, o reconhecimento do direito à complementação. Estando prescrita essa pretensão, todas as outras dela decorrente (pagamento das verbas) não produzirão efeito.
O reclamante terá o prazo de 2 anos para ajuizar a ação, contados da cessação do contrato de trabalho..
O mais importante da súmula em comento, todavia, foi estabelecer como início do prazo a cessação do contrato de trabalho...
Para continuar a ler
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