Acórdão nº 001797 de Supremo Tribunal Administrativo (Portugal), 16 de Dezembro de 1987
Magistrado Responsável | MELO FRANCO |
Data da Resolução | 16 de Dezembro de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR TRAB - CONTRAT INDIV TRAB.
LegislaÁ„o Nacional: DL 372-A/75 DE 1975/07/16 ART11 N10 ART25 N1 B. CCIV66 ART799 N1.
JurisprudÍncia Nacional: AC STJ DE 1983/11/11 IN AD N266 PAG267. AC STJ DE 1983/02/22 IN BMJ N324 PAG578.
Sum·rio : I - Para que a falta de pagamento de retribuiÁ„o pela entidade patronal constitua justa causa de rescis„o do contrato pelo trabalhador, nos termos do artigo 25 n. 1 alinea b) do Decreto-Lei n. 372-A/75 de 16 de Julho, e necessario que aquela falta seja culposa. II - O onus da prova da culpa no incumprimento do contrato de trabalho por falta de pagamento ao trabalhador recai, nos termos do artigo 799 n. 1 do Codigo Civil, sobre o devedor, neste caso a entidade patronal. III - A culpa, quando baseada, n„o na infracÁ„o de preceito legal, mas nos deveres gerais de diligencia, constitui materia de facto da competencia das instancias que o...
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