Súmula 344
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 | 121-121 |
Page 121
SALÁRIO-FAMÍLIA. TRABALHADOR RURAL.
O salário-família é devido aos trabalhadores rurais somente após a vigência da Lei n. 8.213, de 24.07.1991.
Assunto: salário-família; rural.
Legislação correlata: CRFB/7º, XII; Lei 8.213/1991.
Súmulas do TST relacionadas: 254.
Comentários
Sobre salário-família ver comentários à súmula 254. Previsto na CRFB/7º, XII, o salário-família é um direito tanto do trabalhador urbano quanto do rural. Ocorre que essa disposição constitucional não era autoaplicável, na medida em que dependia de regulamentação. Como o salário-família é um benefício previdenciário, a lei ordinária deveria criar a fonte de custeio. Nenhum benefício previdenciário pode existir sem a devida fonte de custeio (CRFB/195, § 5º).
A Lei 8.213/1991, que dispõe sobre os planos de benefícios da previdência social, passou a regulamentar a matéria, criando a necessária fonte de custeio para validar o referido benefício (art. 11), valendo, a partir daí, para o trabalhador rural, conforme entendimento do TST. O...
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