Súmula 450
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 | 179-179 |
Page 179
FÉRIAS. GOZO NA ÉPOCA PRÓPRIA. PAGAMENTO FORA DO PRAZO. DOBRA DEVIDA. ARTS. 137 E 145 DA CLT.
É devido o pagamento em dobro da remuneração de férias, incluído o terço constitucional, com base no art. 137 da CLT, quando, ainda que gozadas na época própria, o empregador tenha descumprido o prazo previsto no art. 145 do mesmo diploma legal.
Assunto: férias
Legislação correlata: CRFB/7º, XVII; CLT/142-145
Súmulas do TST relacionadas: 7; 14; 46; 81; 89; 171; 261; 328.
Comentários
Sobre férias, ver comentários à súmula 7. Sobre período concessivo, ver comentários à súmula 81.
Dispõe a CLT/137:
Art. 137. Sempre que as férias forem concedidas após o prazo de que trata o art. 134, o empregador pagará em dobro a respectiva remuneração.
Por concessão das férias deve-se entender não apenas o gozo efetivo, como também o pagamento correspondente (CLT/142 e 145). Desta forma, mesmo que o empregado goze as férias, se a empresa não pagar o valor correspondente no prazo estipulado na CLT/145, terá de pagar o valor em dobro, conforme entendimento ora sumulado pelo TST.
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