Acórdão nº 000907 de Supremo Tribunal Administrativo (Portugal), 08 de Março de 1985 (caso None)
| Magistrado Responsável | LICINIO CASEIRO |
| Data da Resolução | 08 de Março de 1985 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB.
Legislação Nacional: D 381/72 DE 1972/10/09 ART8 N1 N2 N3 ART1. LCT69 ART11 ART22 N3 ART23. DL 409/71 DE 1971/09/27. D 49474 DE 1969/12/27. PRT PARA OS EMPREGADOS DE ESCRITÓRIO IN BMT N21 DE 1976/11/15. ACT/72 CLAUS24 CLAUS95 N2.
Sumário : I - Diz-se no n. 3 do artigo 8 do Decreto n. 381/72, que o trablhado pode "por qualquer motivo" ser incumbido de desempenhar funções superiores ás suas categorias tendo direito por isso à correspondente diferença de retribuição. II - A aludida norma legal, a respeito de alguma ambiguidade da sua letra, só introduziu alterações no regime geral onde expressa e directamente estabeleceu um regime diferente. III - Os ns. 2 e 3 do artigo 23 da Lei do Contrato de Trabalho - L.C.T., comtemplam excepções à regra definida segundo o n. 1 seu artigo 22, o qual se refere à instância e estabilidade da prestação laboral. IV - Tais excepções integram o chamado "jus variandi" e dependem, em qualquer caso, do...
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