Súmula 382
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 | 141-141 |
Page 141
MUDANÇA DE REGIME CELETISTA PARA ESTATUTÁRIO. EXTINÇÃO DO CONTRATO. PRESCRIÇÃO BIENAL.
A transferência do regime jurídico de celetista para estatutário implica extinção do contrato de trabalho, fluindo o prazo da prescrição bienal a partir da mudança de regime.
Assunto: mudança de regime; prescrição; contagem do prazo. Legislação correlata: CRFB/7º, XXIX; CC/189.
Súmulas do TST relacionadas: 153; 156; 275; 294; 308; 326; 327; 362.
Comentários
Sobre prescrição, ver comentários à súmula 153.
O trabalhador, no serviço público, que muda do regime celetista para o regime estatutário, tem o seu contrato de trabalho extinto. Na prática, o trabalhador deixa de ter um contrato regido pela CLT e passa a ter outro regido pela legislação própria dos...
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