Acórdão nº 98S150 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1998
Magistrado Responsável | PADRÃO GONÇALVES |
Data da Resolução | 28 de Outubro de 1998 |
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: CCIV66 ART342. LCCT89 ART26 N1 N2 ART27 N1 B C.
Sumário : I - Na acção de impugnação de despedimento, a prova dos motivos económicos ou de mercado, bem como dos diversos requisitos previstos no n. 1 do artigo 27 da LCCT, cabe à entidade patronal (artigo 342 do Código Civil). II - Assim, incumbia à entidade patronal, ré na acção, a prova de que, à data da cessação do contrato de trabalho, sentia redução da sua actividade provocada pela diminuição da procura dos seus serviços, ou seja, que existiam motivos económicos ou de mercado justificativos da extinção do posto de trabalho - o autor na mesma acção - nos termos e para os fins dos ns. 1 e 2, alínea a) do artigo 26 do...
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