Súmula 301
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 | 104-105 |
Page 104
AUXILIAR DE LABORATÓRIO. AUSÊNCIA DE DIPLOMA. EFEITOS.
O fato de o empregado não possuir diploma de profissionalização de auxiliar de laboratório não afasta a observância das normas da Lei n. 3.999, de 15.12.1961, uma vez comprovada a prestação de serviços na atividade.
Assunto: auxiliar de laboratório. Legislação correlata: Lei 3.999/1961. Súmulas do TST relacionadas: não há.
Page 105
Comentários
A Lei 3.999/1961 trata do salário-mínimo e jornada de trabalho de médicos e cirurgiões-dentistas e seus auxiliares (art. 2º), incluindo-se, aí, os auxiliares de laboratório. O art. 5º fixa o "salário-mínimo dos médicos em quantia igual a três vezes e o dos auxiliares a duas vezes mais o salário-mínimo comum das regiões ou sub--regiões em que exercerem a profissão.". O art. 8º, b, fixa a jornada de 4 horas diárias para os auxiliares.
Ocorre que, a partir da edição daquela lei, os hospitais e laboratórios passaram a contratar pessoas sem qualificação para exercer a atividade de auxiliar de laboratório, pagando salário menor, com jornada de 8...
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