Acórdão nº 001129 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1986
Magistrado Responsável | MELO FRANCO |
Data da Resolução | 31 de Outubro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB.
Legislação Nacional: LCT69 ART22 N1 N2 AT23. DL 49408 DE 1969/11/24. ACT ENTRE A PORTUCEL E OS SINDICATOS DOS TRABALHADORES AO SEU SERVIÇO IN BTE N36 DE 1978/09/29 CLAUS180 N2 N3.
Jurisprudência Nacional: AC STJ PROC514 DE 1983/10/28. AC STJ DE 1985/01/30 IN AD N281 PAG613 IN BMJ N343 PAG242. AC STJ DE 1985/02/13 IN AD N283 PAG859.
Sumário : I - É regra do nosso direito laboral, consignada no n. 1 do artigo 22 do Regime Jurídico do Contrato Individual do Trabalho aprovado pelo Decreto n. 49408, de 21 de Novembro de 1969 que o trabalhador deve em princípio, exercer uma actividade correspondente à categoria para que fora contratado, entendendo-se que aquele "termo categoria" se reporta à actividade a que se obrigou e para cujo desempenho foi contratado. II - A entidade patronal pode exercer o chamado "jus variandi" quando o interesse da empresa o exigir, mas não o pode exercer arbitráriamente, pois a lei condiciona esse exercício, preservando-se no n. 2 do artigo 22 citado que a alteração das funções deve ser temporária, não pode implicar diminuição da retribuição nem modificação substancial da posicão do trabalhador. A empresa não pode reestruturar os seus serviços desde...
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