Acórdão nº 001323 de Supremo Tribunal de Justiça (Portugal), 23 de Maio de 1986
| Magistrado Responsável | MIGUEL CAEIRO |
| Data da Resolução | 23 de Maio de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / CONTENC PREV.
Legislação Nacional: LCT69 ART38 N1. CCIV66 ART307 ART310 G. DL 372-A/75 DE 1975/07/16 ART4 ART8 N1. CCT DE 1975/08/25 IN BTE N30 PAG1394 CLAUS68 N5 N8.
Jurisprudência Nacional: AC STJ DE 1984/11/22 IN BMJ N341 PAG326.
Sumário : I - O direito a pensão complementar de reforma nasce apos a caducidade do contrato de trabalho, como resulta dos artigos 4 e 8 do Decreto-Lei n. 372-A/75 de 16 de Julho, segundo os quais a caducidade, causa da cessação do contrato de trabalho, se produz com a reforma do trabalhador. II - Por tal motivo, sendo a aludida pensão um beneficio complementar da Previdencia (clausula 68 n. 5 do CCT para o sector de seguros de 25 de Agosto de 1975, in...
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