Súmula 354
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 | 124-125 |
Page 124
GORJETAS. NATUREZA JURÍDICA. REPERCUSSÕES.
As gorjetas, cobradas pelo empregador na nota de serviço ou oferecidas espontaneamente pelos clientes, integram a remuneração do empregado, não servindo de base de cálculo para as parcelas de aviso-prévio, adicional noturno, horas extras e repouso semanal remunerado.
Assunto: Gorjeta; integração.
Legislação correlata: CLT/457. Súmulas do TST relacionadas: não há.
Comentários
As gorjetas, sejam elas ofertadas espontaneamente pelo cliente ou cobradas na nota pelo empregador, inte-
Page 125
gram a remuneração do empregado, conforme dispõe a CLT/457. Sendo assim, elas incidirão no cálculo das verbas trabalhistas, tais como férias + 1/3, 13º salário e FGTS.
Todavia, elas não incidirão sobre:
- Aviso-prévio, porque ele é cálculo sobre o salário do mês da rescisão.
- RSR, porque é o seu pagamento é mensal, já englobando o valor da gorjeta.
- Adicional noturno, porque ele é calculado sobre o valor da hora diurna.
- Adicional...
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