Súmula 269
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 | 93-93 |
Page 93
DIRETOR ELEITO. CÔMPUTO DO PERÍODO COMO TEMPO DE SERVIÇO.
O empregado eleito para ocupar cargo de diretor tem o respectivo contrato de trabalho suspenso, não se computando o tempo de serviço desse período, salvo se permanecer a subordinação jurídica inerente à relação de emprego.
Assunto: Contrato de trabalho; suspensão.
Legislação correlata: LSA/143. Súmulas do TST relacionadas: não há.
Comentários
A suspensão do contrato de trabalho implica a paralisação temporária e total dos serviços e dos efeitos do contrato de trabalho, sendo que o empregado não recebe salários e não há contagem de tempo de serviço. Nessa situação, o contrato de trabalho continua em vigor, mas as obrigações principais das partes não são exigíveis.
É o que ocorre com o empregado eleito para o cargo de diretoria da empresa.
As sociedades anônimas possuem uma estrutura complexa, composta essencialmente pelos seguintes órgãos: Assembleia Geral, Diretoria e Conselho Fiscal. Algumas contam, ainda, por imposição da lei, com Conselho de Administração. Destes, a Diretoria é o órgão executivo, que dirige a companhia seguindo as deliberações da Assembleia Geral...
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