Súmula 429
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 | 167-167 |
Page 167
TEMPO À DISPOSIÇÃO DO EMPREGADOR. PERÍODO DE DESLOCAMENTO ENTRE A PORTARIA E O LOCAL DE TRABALHO .
Considera-se à disposição do empregador, na forma do art. 4º da CLT, o tempo necessário ao deslocamento do trabalhador entre a portaria da empresa e o local de trabalho, desde que supere o limite de 10 (dez) minutos diários.
Assunto: jornada de trabalho; tempo à disposição do empregador. Legislação correlata: CLT/4º e 58, § 1º.
Súmulas do TST relacionadas: 366.
Comentários
A CLT/4º considera como serviço efetivo o período em que o empregado esteja à disposição do empregador, aguardando ou executando ordens, salvo disposição especial expressamente consignada.
Em algumas empresas de grande porte, o deslocamento dos empregados entre a portaria e o local do trabalho - muitas vezes feita a pé - pode demandar um tempo considerável de 5, 10, 20 ou 30 minutos (podendo ser, por vezes, até mais). Por conta disso, seguiu-se a discussão sobre qual a natureza jurídica desse tempo de deslocamento, tendo o TST firmado entendimento de que se trata de tempo à disposição do empregador, na forma da CLT/4º...
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