Súmula 140
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 | 61-61 |
Page 61
VIGIA.
É assegurado ao vigia sujeito ao trabalho noturno o direito ao respectivo adicional.
Assunto: vigia; adicional noturno.
Legislação correlata: CLT/73.
Súmulas do TST relacionadas: 65; 140; 265.
Comentários
Sobre o adicional noturno, ver comentários à súmula 60.
Vigia é o trabalhador que presta serviços de observação e fiscalização de local, sem os requisitos formais, estritos dos vigilantes. Seus direitos são os comuns dos trabalhadores urbanos, conforme sejam domésticos ou não.
A CLT/73, que trata do trabalho noturno, não faz distinção entre empregados, muito menos ao vigia. Logo, ele não está excluído do direito ao adicional noturno. Assim, o vigia noturno, que trabalha entre 22h00 e 05h00, tem direito ao adicional respectivo. Nesse sentido, a súmula 402 do STF:
STF,...
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