Art. 396. Descanso para Amamentação
Autor | Domingos Sávio Zainaghi - Luis Guilherme Krenek Zainaghi |
Páginas | 46-47 |
Page 46
O art. 396 trata do intervalo para amamentação. A redação do caput e do § 1º foram mantidas. Ocorreu, na verdade, a inclusão do § 2º:
Page 47
Art. 396. [...] § 1º [...]
§ 2º Os horários dos descansos previstos no caput deste artigo deverão ser definidos em acordo individual entre a mulher e o empregador.
(NR)
Por meio deste instituto, a lactante deverá ter dois intervalos de trinta minutos cada para realizar a amamentação de seu filho. Entretanto, é notório, que nos grandes centros, esta situação é inviável. Muitas vezes a empregada labora a quilómetros de distância de sua residência, levando muito mais que trinta minutos apenas para chegar ao local.
Assim, o legislador incluiu o § 2º para estabelecer que as partes definam livremente como será feito este descanso, por meio de acordo individual, privilegiando a autonomia destas.
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