Last Monday (20), it was decided by the Superior Labor Court (TST) that overtime will also affect the calculation of Weekly Paid Rest (DSR) in relation to labor.
With this decision, from now on, workers who work regular overtime will have a increase in the amounts received in the 13th salary, in the payment of the Severance Guarantee Fund Service (FGTS), on vacation and also on notice.
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This new calculation only applies when overtime has been integrated into Weekly Pay Rest (DSR). The Justices of the Court reached a new understanding that the increase in the amounts received by the DSR must have repercussions on other labor rights, and therefore cannot be considered a calculation double.
The reasons that support the new understanding of the TST
Previously, the Court had established a Jurisprudential Guidance (OJ) that did not provide for any recalculation of other labor entitlements based on overtime.
However, Minister Amaury Rodrigues, responsible for the reassessment, stated that the change in understanding that has now occurred is based on a mathematical question.
According to him, the usual overtime hours and the differences in the DSR are independent parts that make up the worker's remuneration, and therefore, both must be taken into account in the calculation of the 13th salary, the Severance Indemnity Fund (FGTS), prior notice and vacations.
“The review of understanding can occur at any time, as long as there are numerous resources that deal with the same subject and clashes between precedents of regional courts and jurisprudential guidelines of the Superior Labor Court", said the minister.
The decision changed OJ 394, a fact that guarantees the repercussion of the decision in other instances of the Brazilian Labor Court.
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