TRT6 – Engenheiro não receberá no Brasil salário igual ao do período em que trabalhou na Itália
A 8ª Turma do Tribunal Superior do Trabalho não conheceu de recurso de um engenheiro da CNH – Case New Holland Latin America Ltda. contra decisão que indeferiu diferenças salariais relativas ao período em que trabalhou na Itália. Segundo a Turma, a situação não configurou violação ao princípio da irredutibilidade salarial.
Contratado no Brasil em 1978, o engenheiro aceitou, em 2006, proposta para trabalhar na sede da empresa na Itália, e seu salário passou de R$ 181 mil anuais para € 82,5 mil, equivalentes, na época, a R$ 231 mil, além de benefícios como dois carros à disposição. Ao retornar ao Brasil, em 2009, alegou que seu salário foi reduzido e pediu a condenação da empresa ao pagamento das diferenças.
A CNH, em sua defesa, sustentou que, com a ida para a Itália, o contrato de trabalho vigente no Brasil foi suspenso e, ao retornar, o engenheiro reassumiu a função anterior, com o salário correspondente. Segundo a empresa, as funções desempenhadas eram diferentes, e o trabalhador tinha plena ciência de que o salário e os benefícios vinculados à expatriação cessariam ao retornar, conforme cláusula contratual.
O juízo da 5ª Vara do Trabalho de Curitiba (PR) entendeu que não houve ruptura no contrato, pois a CNH mantinha a contribuição da previdência privada e do INSS para os empregados expatriados, e deferiu as diferenças. O Tribunal Regional do Trabalho da 9ª Região (PR) manteve a unicidade contratual, mas afastou a alegada violação ao princípio da irredutibilidade salarial. Para o TRT, o empregado, altamente qualificado, anuiu expressamente com as condições para a transferência e com a natureza transitória da remuneração a ser paga no exterior, e, ao retornar, passou a ocupar cargo de gerente master, com salário anual de R$ 208 mil, superior ao que recebia antes de ir para a Itália.
TST
A relatora do recurso do engenheiro ao TST, ministra Maria Cristina Peduzzi, afirmou que não houve ofensa ao princípio da irredutibilidade salarial, ante o registro do Regional de que ele ocupou cargos gerenciais diferentes no exterior e no Brasil após a repatriação e que o salário de 2009 abrangeu as atualizações decorrentes dos reajustes convencionais concedidos no Brasil enquanto ele estava na Itália.
Segundo a ministra, é admissível que os cargos de confiança sejam remunerados de forma distinta, e mesmo a reversão ao cargo efetivo anteriormente ocupado, ao deixar de exercer função de confiança, não configura redução salarial, nos termos do artigo 468, parágrafo único, da CLT. A modificação do julgado, na hipótese, demandaria o reexame de fatos e provas, procedimento vedado pela Súmula 126 do TST, concluiu.
Processo: RR-1031-49.2012.5.09.0005
Fonte: Tribunal Regional do Trabalho da 6ª Região
FONTE DO SITE: http://www.sintese.com/noticia_integra_new.asp?id=411258
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