Acórdão nº 004360 de Supremo Tribunal Administrativo (Portugal), 20 de Junho de 1996
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 20 de Junho de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL. DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART342 N1. DL 49408 DE 1969/11/24 ART12 N1 N2 ART73 N1 ART82. DL 874/76 DE 1976/12/28 ART2 N2 ART3 N1 ART7 N1 ART10 N1 N2 ART11 N1 N2 ART26 N2 B. DL 132/88 DE 1988/04/20 ART3 ART18 ART21 N1 ART27. DL 64-A/89 DE 1989/02/27 ART4. DL 372-A/75 DE 1975/07/16 ART8 N2. DL 398/83 DE 1983/11/02 ART2.
Sumário : I - Constando do "Plano de Pensões do Pessoal" da entidade patronal que a concessão por ela de pensão complementar de invalidez depende da verificação desta por Junta Médica, a entidade patronal não deve tal pensão, se convocou o trabalhador para a Junta e ela nem compareceu nem justificou a falta. II - Tendo o trabalhador estado com baixa por doença durante 1095 dias, isto é, o período máximo de suspensão do contrato de trabalho (artigo 21 n. 1 do Decreto- -Lei 132/88, de 20 de Abril), durante o qual lhe foi concedido subsídio de doença pela Caixa Nacional de Pensões, e, passado esse período, começado a receber uma pensão provisória de invalidez (nos termos do artigo 27 desse Decreto-Lei) até lhe ser concedida reforma definitiva a esse título, com a comunicação desta reforma à entidade patronal caducou o contrato de trabalho com ela estabelecido (artigos 4 n. 1...
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