Reforma trabalhista versus intervalo

Reforma trabalhista versus intervalo

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A Consolidação das Leis Trabalhistas (CLT) prevê atualmente um intervalo para descanso e alimentação aos empregados em qualquer trabalho contínuo. Para os trabalhadores que estão submetidos a um regime de quatro a seis horas, é obrigatória a concessão de um intervalo de até 15 minutos. Já os funcionários cujo regime ultrapasse as seis horas, é obrigatória a concessão de no mínimo uma hora de intervalo durante a jornada.

Com a reforma trabalhista proposta, o limite mínimo para repouso ou refeição poderá ser reduzido, desde que os empregados não estejam submetidos a regime de trabalho prorrogado e o estabelecimento empregador atenda às exigências relacionadas à organização dos refeitórios e demais normas regulamentadores de segurança e saúde no trabalho.

No entanto, a CLT é bastante rígida quando se trata do intervalo intrajornada porque, de acordo com os termos da Súmula 437, II, do Tribunal Superior do Trabalho (TST), o período para descanso é uma norma de ordem pública que constitui uma medida de higiene, saúde e segurança do trabalho. O objetivo social da norma que mantém o intervalo intrajornada aos trabalhadores brasileiros é garantir a efetiva recuperação física e mental dos funcionários, de forma que assim se assegure o direito à redução dos riscos inerentes ao próprio trabalho.

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Apesar disso, a Consolidação das Leis Trabalhistas não possui uma definição sobre o momento mais adequado para a concessão do intervalo intrajornada aos funcionários contratados e os tribunais brasileiros têm entendido que o período não pode ser concedido no início bem como ao final da jornada. O ideal é que esse benefício seja concedido após um período razoável de trabalho, pelo fato de que no início ainda não há um enfraquecimento da força de trabalho e ao final, já é considerado um longo período de desgaste do trabalhador.

Portanto, as empresas brasileiras devem atentar para o momento correto da concessão do intervalo para alimentação e descanso dos seus colaboradores, sob pena de não se observar a finalidade social que a norma se destina e de lhe colocar em risco frente a eventuais ações trabalhistas e de autuação por parte da Delegacia Regional do Trabalho (DRT) – órgão ligado ao Ministério do Trabalho e Emprego (MTE).

Fonte: Contábeis
Data: 13 de abril de 2017
Acesso: 13 de abril de 2017

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