Súmula 163
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 | 67-67 |
Page 67
AVISO-PRÉVIO. CONTRATO DE EXPERIÊNCIA.
Cabe aviso-prévio nas rescisões antecipadas dos contratos de experiência, na forma do art. 481 da CLT.
Assunto: aviso-prévio, contrato de experiência.
Legislação correlata: CLT/487; Lei 12.502/2011.
Súmulas do TST relacionadas: 10, 44, 182, 230, 276, 305, 348, 371, 380, 441.
Comentários
Sobre o aviso-prévio, ver comentários à súmula 44. O contrato de experiência é uma modalidade de contrato por prazo determinado que, como já vimos, não comporta aviso-prévio. É que, tendo seu prazo de duração predeterminado, os contratantes já sabem de antemão quando ele terminará, sendo desnecessário que se avise o seu término.
Todavia, a CLT/481 excepciona essa regra geral ao estabelecer a possibilidade de rescisão antecipada:
Art. 481. Aos contratos por prazo determinado, que contiverem cláusula asseguratória do direito recíproco de rescisão antes de expirado o termo ajustado, aplicam-se, caso seja exercido tal direito por qualquer das partes, os princípios que regem a rescisão dos contratos por prazo indeterminado.
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