Magistratura Do Trabalho CSJT Practice Questions - Concurso Nacional Da Magistratura Do Trabalho (CSJT TST) Exam

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A company grants a monthly performance award (prêmio) to its top three sales representatives for exceeding predetermined sales targets. The employer does not include these award amounts in the calculation base of the 13th salary, vacation pay, or FGTS deposits. According to Art. 457, §§ 2º and 4º of the CLT, the employer's conduct is:

Unlawful, because any recurring monetary payment directly linked to employee productivity constitutes an habitual commission (comissão) that integrates the wage base for all statutory purposes. Lawful, because statutory awards (prêmios) are liberalities granted due to performance superior to what is ordinarily expected and do not integrate remuneration, nor do they constitute a base for labor or social security charges. Unlawful, because prêmios only retain non-salary nature if paid on a semi-annual or annual frequency, losing their exemption if paid monthly. Lawful only if expressly authorized by a Collective Bargaining Agreement (CCT) and limited to 20% of the contractual base salary.

Correct Answer:

Lawful, because statutory awards (prêmios) are liberalities granted due to performance superior to what is ordinarily expected and do not integrate remuneration, nor do they constitute a base for labor or social security charges.

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