Acórdão nº 004296 de Supremo Tribunal de Justiça (Portugal), 03 de Julho de 1996
Magistrado Responsável | MANUEL PEREIRA |
Data da Resolução | 03 de Julho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: MOTA PINTO IN CESSÃO DA POSIÇÃO CONTRATUAL PAG487.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART680 N1 ART682 N1. DL 409/71 DE 1971/09/27 ART13 N2 ART14 ART15. CCIV66 ART424 - ART427 ART595. LCT69 ART37 N2.
Jurisprudência Nacional: AC STJ PROC3447 DE 1992/05/27. AC STJ DE 1995/10/11 IN AD N412 PAG524.
Sumário : I - Pese embora a inobservância pela entidade patronal do formalismo previsto na lei para que a isenção de horário de trabalho seja autorizada, é devida ao trabalhador que de facto preste a sua actividade profissional em tal regime a retribuição especial que a lei faz corresponder a esse regime. II - A falta havida não é dele, pelo que não pode, no caso, ser o trabalhador penalizado pela infracção cometida pela empregadora. III - Se o trabalhador, porém, antes havia trabalhado por conta e sob a direccção...
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