Acórdão nº 98S159 de Supremo Tribunal de Justiça (Portugal), 11 de Novembro de 1998 (caso NULL)
Magistrado Responsável | MANUEL PEREIRA |
Data da Resolução | 11 de Novembro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB. DIR CIV.
Legislação Nacional: DL 421/83 DE 1983/12/02 ART6 N1. LCCT89 ART12 N3. CCIV66 ART342 N3.
Jurisprudência Nacional: AC STJ DE 1994/11/22 IN BMJ N441 PAG133. AC STJ DE 1994/12/14 IN BMJ N442 PAG105.
Sumário : I - No contrato de trabalho a retribuição paga pelo empregador é contrapartida das vantagens, essencialmente de ordem económica, que retira da actividade que o trabalhador lhe presta, o qual, por sua vez, disponibiliza essa actividade, intelectual ou manual, para dela extrair os proventos que, em muitas situações, constituem o rendimento único de que dispõe para se sustentar a si e aos seus. II - O artigo 6, n. 1 do DL 421/83, de 2 de Dezembro, não sofre de inconstitucionalidade material ou formal. III - O direito do trabalhador a ser pago do trabalho sumplementar passa pela demonstração de que prestou esse trabalho e de que este foi previamente determinado pela entidade empregadora, elementos que são, assim, constitutivos daquele direito. IV - A circunstância de a...
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