Súmula 32
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 | 27-27 |
Page 27
ABANDONO DE EMPREGO. BENEFÍCIO PREVIDENCIÁRIO.
Presume-se o abandono de emprego se o trabalhador não retornar ao serviço no prazo de 30 dias após a cessação do benefício previdenciário nem justificar o motivo de não o fazer.
Assunto: abando de emprego; caracterização. Legislação correlata: CLT/483
Súmulas do TST relacionadas: não há.
Comentários
O abandono de emprego é motivo de dispensa do empregado por justa causa, conforme CLT/483, "i". É considerado abandono quando o trabalhador tem a intenção (vontade motivada, animus) de não mais retornar ao trabalho.
A súmula em comento estabelece, então, um critério objetivo para a verificação do abandono: o empregado que não retorna ao trabalho no prazo de 30 dias.
Deste modo, estabeleceu-se uma presunção de que se o empregado se ausentou ou não retornou ao trabalho há mais de 30 dias ele abandou o emprego.
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