Acórdão nº 0047404 de Court of Appeal of Lisbon (Portugal), 14 de Fevereiro de 1990
Magistrado Responsável | NUNO ALVIM |
Data da Resolução | 14 de Fevereiro de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: AE TLP IN BTE N2/86 DE 1986/01/15 CLAUS38 N3 N5 A ANEXOIV. DL 519-C/79 DE 1979/12/29 ART6 N1 F ART13. DL 874/76 DE 1976/12/28 ART26 N1. CPT81 ART177.
Sumário: I - Nos termos do Anexo IV do AE aplicável aos TLP, publicado no BTE n. 2/86, é automática a progressão dos trabalhadores designados por Electrotécnicos de Telecomunicações de Aparelhos (ETA) do nível salarial L' para o nível M' ao fim de quatro anos de permanência no nível inferior. II - Caso assim o entendam, os TLP podem proceder à progressão antecipada desses trabalhadores, segundo o critério definido na alínea a) do n. 5 da cláusula 38 do AE, ou seja, dos trabalhadores que, no início de cada ano, estejam melhor colocados num escalonamento baseado no cômputo dos dias de trabalho efectivamente prestados no ano civil imediatamente anterior, entrando-se em conta, para o efeito, com as ausências dadas ao abrigo da situação de férias, de faltas justificadas com retribuição, de maternidade e, ainda, de doença até oito dias úteis. Em caso de igualdade, atende-se, sucessivamente, como factor de desempate, à antiguidade na categoria, na carreira e na Empresa. III - Esta progressão antecipada não constitui um direito ou regalia dos trabalhadores, resultante da...
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