Empresa deve hora extra a gerente com aumento inferior a 40%
O empregado que exerce cargo de gestão — sem fixação de duração normal da jornada de trabalho e o consequente direito ao recebimento de horas extras — deve ganhar gratificação de função de, no mínimo, 40% do valor do salário efetivo.
Assim determina o parágrafo único do artigo 62 da Consolidação das Leis do Trabalho (CLT) e com base nele a 1ª Turma do Tribunal Superior do Trabalho condenou o Clube Atlético São Paulo ao pagamento de horas extras e reflexos a um ex-gerente de esportes, referentes ao período em que ele trabalhou para o clube naquela função.
O dirigente narrou, na reclamação trabalhista, que ao ser promovido de instrutor de esportes para o cargo de gerência recebeu um acréscimo salarial de 36%.
Ao justificar o trabalho em jornada suplementar, afirmou que participava de reuniões nas sedes de outros clubes representando o São Paulo, além de acompanhar sócios em gincanas, torneios e jogos amistosos. Pedia o recebimento de horas extras, sustentando que, ao ser promovido, não recebera aumento salarial de pelo menos 40%.
A 6ª Vara do Trabalho de São Paulo entendeu devido o pagamento de horas extras e reflexos. O Tribunal Regional do Trabalho, entretanto reformou a sentença e excluiu a condenação imposta, por entender que havia provas no sentido de que o trabalhador efetivamente exerceu a função de gerente, com poderes de mando e gestão especificamente em relação ao departamento de esportes do São Paulo, coordenando instrutores, professores e estagiários e efetuando contratações e demissões a serem referendadas pela...
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