Acórdão nº 0061994 de Court of Appeal of Lisbon (Portugal), 09 de Maio de 1990
| Magistrado Responsável | ABILIO BRANDÃO |
| Data da Resolução | 09 de Maio 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: DL 49408 DE 1969/11/24 ART22 N2.
Jurisprudência Nacional: AC STJ DE 1985/05/17 IN BMJ N347 PAG264.
Sumário: I - A categoria profissional compreende a natureza e espécie de tarefas que o trabalhador realiza e não àquelas que a entidade patronal, arbitrariamente, lhe atribua. II - A possibilidade de o empregador cometer ao trabalhador funções não abrangidas na categoria profissional, faculdade que se costuma designar por "jus variandi" e que encontra consagração legal no n. 2 art. 22 LCT, há-de assentar no preenchimento cumulativo dos seguintes pressupostos: a) Não existir na lei ou convenção qualquer disposição em contrário; b) Não implicar uma diminuição da retribuição (havendo, pelo contrário, um aumento de vencimento quando as...
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