A lei criou este mecanismo mais flexível de compensar horas extras. Vale lembrar que ele precisa ser autorizado por convenção ou acordo coletivo. A principal vantagem é que o banco de horas permite à empresa adequar a jornada de trabalho de seus empregados a seu ritmo e sua demanda de serviços.
A lei 9.601, de 1998, descreve o banco de horas como uma modalidade que abrange todos os trabalhadores, independente da forma de contratação (por obra, por prazo determinado, temporário etc.).
O banco de horas pode ser utilizado quando a empresa está com pouco trabalho e precisa reduzir a jornada de seus empregados por um período, sem alterar salários, e mantendo um crédito de horas para o momento de retomada da produção (exceto casos em que a convenção ou o acordo coletivo esbarram essa flexibilização).
O limite de horas para acumular cumpre os acordos de trabalho, chegando ao máximo de 10 horas diárias trabalhadas em um ano (representa o acumulado de 2 horas por dia). A empresa deve zerar o acumulado dentro do mês de vencimento para recomeçar o sistema de compensação e, consequentemente, um novo banco de horas para o período seguinte. Vale observar os feriados ficam de fora da computação de banco de horas.
No caso de rescisão de contrato (seja por parte do empregado ou do empregador), se não tiver ocorrido a compensação das horas extras trabalhadas, o empregado deve recebê-las com o acréscimo previsto na convenção ou no acordo coletivo (não pode ser menos do que 50% sobre a hora normal).
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