Acórdão nº 002526 de Supremo Tribunal de Justiça (Portugal), 17 de Abril de 1991
| Magistrado Responsável | BARBIERI CARDOSO |
| Data da Resolução | 17 de Abril de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART20 N1 ART22 N1 C ART31 N3 ART23 N1 B. CCT IN BTE N42 ANO89 PAG1683 CLAUS80 N1 N2.
Sumário : I - O principio da invariabilidade da prestação de trabalho definido no contrato admite como excepção o "jus variandi", desde que verificadas as condições estabelecidas no artigo 22 n. 1 do Regime Juridico do Contrato Individual de Trabalho de 1969. II - E ilegitima a ordem e legitima a recusa, se a entidade patronal determina a trabalhador com a categoria de "encarregado de conferente" que realize o serviço, mesmo por poucos dias, da categoria-base por ele dirigida, por tal se traduzir, nos termos do artigo 20 n. 1 do Regime Juridico do Contrato Individual de Trabalho, em alteração substancial da...
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