Revogações
Autor | Domingos Sávio Zainaghi - Luis Guilherme Krenek Zainaghi |
Páginas | 149-156 |
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As revogações aqui citadas foram feitas a fim de compatibilizar os novos dispositivos com a legislação como um todo. Muitas dessas revogações foram comentadas ao longo da presente obra.
Entretanto, a revogação do art. 384 da CLT merece um breve comentário. Por meio desse dispositivo, as mulheres que laborassem em sobrejornada deveriam ter intervalo de no mínimo 15 minutos para descanso, antes do início da jornada prorrogada.
Muito se discutiu sobre a aplicação desse dispositivo para os homens, em razão do princípio constitucional da igualdade, e muitas empresas foram condenadas ao pagamento desse intervalo, uma vez que esse artigo fora recepcionado pela Constituição.
Porém, com o ingresso efetivo da mulher no mercado de trabalho, esse intervalo passou a ser norma desnecessária e que poderia até prejudicar a contratação de mulheres na empresa, ante a obrigatoriedade desse intervalo.
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