Acórdão nº 001627 de Supremo Tribunal de Justiça (Portugal), 10 de Julho de 1987
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 10 de Julho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 48358 DE 1968/04/27 ART18 N5. DL 48357 DE 1968/04/27 ART50 N4 ART51 N2. DL 40/77 DE 1977/01/29 ART1 ART2 ART3 ART5 ART6. LCT69 ART24 ART37 N1 N2 N3. DL 704/74 DE 1974/12/07 ART1 ART2 ART3 ART4 ART9.
Sumário : I - As Misericordias são pessoas colectivas de utilidade publica administrativa local - associações beneficientes - - como tal sujeitas a uma disciplina de direito publico - - tutela administrativa, regras de contabilidade publica, isenção de contribuições e impostos e sujeitas ao contencioso administrativo de anulação das decisões e deliberações dos seus orgãos. II - Configurando a materia de facto provada uma atitude complacente da entidade patronal - Misericordia - uma actuação sob a pressão dos demais trabalhadores ao acatar o deliberado em colectivo de trabalhadores, pondo termo de facto a uma relação laboral, sem motivos proprios, tal atitude consubstancia um "afastamento por motivos politicos ou ideologicos", a que e aplicavel o disposto pelo Decreto-Lei n. 40/77, pelo que ha que considerar esse afastamento como inexistente, com a consequencia da reintegração no posto de trabalho do trabalhador dele afastado. III - O citado diploma contempla duas situações: o despedimento, a que se refere o seu artigo 1; e o afastamento previsto no...
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