Acórdão nº 002586 de Supremo Tribunal Administrativo (Portugal), 06 de Março de 1991 (caso None)
Magistrado Responsável | CASTELO PAULO |
Data da Resolução | 06 de Março de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - REG COL TRAB.
Legislação Nacional: DL 49408 DE 1969/11/24 ART22 N2 N3. CCT IN BTE N27 DE 1977/07/22 CLAUS10 N1 N3 N5 CLAUS21 CLAUS22.
Sumário : I - A substituição de um trabalhador por outro não implica necessaria e automaticamente a promoção ao posto imediato, ainda que tenha duração superior a seis meses. II - Os ns. 2 e 3 do artigo 22 da LCT permitem a entidade patronal assegurar o funcionamento da empresa, inclusivamente substituindo um trabalhador por outro, ainda que com funções mais elevadas, durante o impedimento ou ausencia do substituido, e garantindo ao substituto um tratamento mais favoravel, se o cargo a exercer por substituição o tiver, mas não atribui ao substituto o direito de ascender automaticamente ao lugar de categoria mais elevada que esteve exercendo. III - A interinidade referida na clausula 10 do Contrato Colectivo de Trabalho para a actividade seguradora, publicada no Boletim do Trabalho e Emprego n. 27/77, de 22 de Julho de 1977, tem em vista a situação do trabalhador que esteja a substituir outro da mesma empresa, que não pode temporariamente exercer as suas...
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