Acórdão nº 001835 de Supremo Tribunal de Justiça (Portugal), 29 de Abril de 1988 (caso NULL)
Magistrado Responsável | DIAS ALVES |
Data da Resolução | 29 de Abril de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR TRAB - CONTRAT INDIV TRAB.
LegislaÁ„o Nacional: DL 74/73 DE 1973/03/01 ART61 ART65. LCT69 ART8. DL 265/72 DE 1972/07/31. CCT IN BINTP N27 N29.
JurisprudÍncia Nacional: AC STJ DE 1986/06/29 IN BMJ N298 PAG216.
Sum·rio : I - O contrato de trabalho no ambito da marinha de pesca rege-se, por analogia, de acordo com o regime juridico do contrato de trabalho para a marinha mercante, nos termos do artigo 8 da LCT de 1969, do regulamento geral das capitanias (decreto-lei n. 365/70, de 31 de Julho) e do decreto-lei n. 74/73, de 1 de MarÁo, e n„o pelo CCT para a pesca do bacalhau. II - O contrato de trabalho, celebrado entre um trabalhador e uma empresa de pesca, n„o e um contrato a prazo pelo facto de dever corresponder a "matricula" feita para cada viagem, mas sim um contrato sem prazo com vinculaÁ„o permanente, para vigorar tanto durante a "matricula" para cada viagem, como nos periodos "entre viagens". III - E obrigaÁ„o da entidade patronal...
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