Lei da Gorjeta entra em vigor hoje em todo o país

Repórter Capixaba Brasil 256

 

Começa a valer neste sábado (13) em todo o país a Lei da Gorjeta, que será aplicada a bares, restaurantes, hotéis, motéis e a todo tipo de estabelecimento onde os funcionários recebam esse valor adicional.

A lei prevê que a gorjeta deverá ser agora registrada na carteira de trabalho dos funcionários como parte do salário deles. O patrão deverá fazer o registro do salário fixo do trabalhador e anotar a gorjeta como um percentual a mais, a ser calculado com o valor médio recebido nos últimos 12 meses. Se houver redução no recebimento das gorjetas, o empregador deverá arcar com o valor registrado na carteira dos empregados.

Para o ministro do Turismo, Marx Beltrão, a regulamentação vai beneficiar especialmente os trabalhadores do setor e incentivar “aqueles que estão na linha de frente do atendimento ao turista”. Para o governo, há também a expectativa de que a mudança na legislação ajude a aumentar a arrecadação de encargos sociais, previdenciários e trabalhistas, uma vez que o registro como salário garante que parte do valor recebido pelos comerciantes seja destinada a isso.

Para os estabelecimentos inscritos no Simples Nacional, a nova lei prevê que até 20% do que for arrecadado em gorjetas sejam destinados a esse tipo de encargo. Nos demais casos, até 33% do valor deverão ser destinados a isso. O restante do valor deve ser integralmente repassado aos funcionários.

A fiscalização será feita pelos sindicatos, no caso de empresas que tenham até 60 funcionários, ou pelos próprios trabalhadores no caso das empresas com número de contratados acima de 60. Nesse caso, deve ser criada uma comissão dos trabalhadores para fazer a fiscalização.

A lei foi sancionada pelo presidente Michel Temer em 13 de março, mas com previsão de prazo para entrar em vigor para que os estabelecimentos pudessem se ajustar às novas regras. A partir de agora elas deverão ser aplicadas obrigatoriamente.

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