Acórdão nº 002404 de Supremo Tribunal de Justiça (Portugal), 27 de Junho de 1990 (caso NULL)
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 27 de Junho de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART342 N2. DL 49408 DE 1969/11/24 ART20 N1 C N2 ART22 N2 ART31 N3 ART32 N1 A B D ART33 N1 N3. DL 372-A/75 DE 1975/07/16 ART12.
Sumário : I - Na compreensão do dever de obediencia que recai sobre o trabalhador ha que determinar o conteudo material da prestação a que se obrigou pelo contrato de trabalho, que e geralmente fixado pela inserção do trabalhador na empresa conjugada com o instrumento de regulamentação colectiva aplicavel. II - O conteudo funcional da categoria atribuida ao trabalhador tem definição no instrumento de regulamentação colectiva de trabalho do sector podendo, supletivamente, utilizar-se a "classificação nacional de profissões". III - Considerando as necessidades da empresa, o quadro funcional da categoria pode excepcionalmente não ser respeitado por interferencia do instituto do "jus variandi", com assento legal no n. 2 do artigo 22 do Decreto-Lei n. 49408, de 24 de Novembro de 1969. IV - Tal instituto e essencialmente de natureza temporaria excepcional, tem por condicionamentos a inexistencia de clausula em contrario, a...
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