The Superior Labor Court (TST) decided that overtime worked by the worker should also be included in the calculation of benefits, such as vacation, 13th salary, prior notice and FGTS. The new calculation is valid in cases where the overtime was incorporated into the paid weekly rest. The rule came into effect on March 20 of this month.
The issue was decided by the ministers of the TST on Monday (20). According to the plenary’s new understanding, the increase in amounts to be received for paid rest must have repercussions on other labor rights and cannot be considered as a duplicate calculation.
During the trial, the rapporteur of the case, Minister Amaury Rodrigues, explained that the extra hours worked during the week are added to the weekly rest calculation and, from now on, will be computed in other rights.
“The calculation of overtime is made using a divisor that isolates the hourly wage value, excluding from its genesis any influence of the weekly rest paid by the monthly salary, so that the values of overtime and overtime are arithmetically separated. RSR differences [ Repouso Semanal Remunerado] determined as a result of the reflexes of those extra hours”, he said.
With the decision, the TST amended Jurisprudential Guidance (OJ) 394 to ensure that the decision will be followed by the other instances of the Labor Court.
