Acórdão nº 002164 de Supremo Tribunal de Justiça (Portugal), 24 de Maio de 1989
Magistrado Responsável | SALVIANO DE SOUSA |
Data da Resolução | 24 de Maio de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M FERNANDES IN NOÇÕES FUNDAMENTAIS VOLI PÁG86. T RESENDE IN AS PRESTAÇÕES DAS PARTES IN RDES N32 PÁG14.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART9 N3 ART10 N2 ART12 N1 N2 N3 N5. L 48/77 DE 1977/07/11. LCT69 ART20 N1 A ART22 N2 N3 ART39 N1.
Jurisprudência Nacional: AC STJ DE 1987/06/11 IN AD N316 PAG539. AC STJ PROC2089 DE 1989/04/19.
Sumário : I - Para que a desobediência constitua justa causa é necessário que seja ilegítima e que a ordem emane da pessoa a quem o trabalhador deva obediência. II - Entre as garantias dos trabalhadores figura a da inalterabilidade qualitativa e quantitativa da prestação do trabalho. III - Se a entidade patronal usar do "jus variandi" fora dos limites estabelecidos no artigo 22, ns. 2 e 3 da LCT, é...
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