Acórdão nº 0002054 de Supremo Tribunal Administrativo (Portugal), 16 de Outubro de 1996 (caso None)
| Magistrado Responsável | CARLOS HORTA |
| Data da Resolução | 16 de Outubro de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART22 N1 N2. LCCT89 ART9 N1 ART12 N5.
Jurisprudência Nacional: AC STA DE 1973/02/13 IN AD N136 PAG577. AC STJ DE 1980/06/11 IN BMJ N298 PAG182.
Sumário: I - O trabalhador deve, em princípio, exercer uma actividade correspondente à categoria para que foi contratado. II - Salvo estipulação em contrário, a entidade patronal pode, quando o interesse da empresa o exija, encarregar temporariamente o trabalhador de serviços não compreendidos no objecto do contrato, desde que tal mudança não implique diminuição da retribuição, nem modificação substancial da posição do trabalhador. Nisto consiste a faculdade chamada "jus variandi". III - Tendo a Autora recebido a ordem, dada pela ré, de ir trabalhar para a Herdade de Rio Frio, juntamente com outros colegas de trabalho, a fim de acarretar cortiça, aquela recusou acatar...
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