Acórdão nº 0090904 de Court of Appeal of Lisbon (Portugal), 10 de Janeiro de 1996
Magistrado Responsável | MELO E MOTA |
Data da Resolução | 10 de Janeiro de 1996 |
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: CCIV66 ART23 N2 ART41 ART42 N2 ART348. CONST89 ART53. DL 372-A/75 DE 1975/07/16 ART12 ART24 N2. DL 215-B/75 DE 1975/04/30.
Jurisprudência Nacional: AC RL PROC6147 DE 1991/10/23.
Sumário: I - O Autor que, em 1-12-1974, foi admitido ao serviço do Estado Português, na Embaixada de Portugal, em Belgrado, na Jugoslávia, onde exerceu as funções de Chanceler, trabalhando sob autoridade e direcção daquele, foi despedido em 31-7-1980, na altura em que era membro dos corpos gerentes do Sindicato dos Trabalhadores Consulares e das Missões Diplomáticas na Europa. II - O Autor residia há anos na Jugoslávia; foi nesse país que o contrato de trabalho com o Estado Português foi celebrado; foi em Belgrado o local da prestação do trabalho, onde lhe era pago o salário que auferia, em dinares jugoslavos; e o despedimento concretizou-se na Jugoslávia. III - Não estando acordado entre as partes qual a lei a aplicar-se à relação entre ambas, em caso de despedimento, "a lex locis laboris surge como aquela que em princípio expressa uma mais forte ligação do contrato com uma determinada ordem jurídica", devendo, pois, aplicar-se ao caso a lei jugoslava. IV - Todavia, dado que o Estado Português erigiu em princípio constitucional a...
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