Acórdão nº 98S070 de Supremo Tribunal de Justiça (Portugal), 21 de Outubro de 1998 (caso NULL)
| Magistrado Responsável | SOUSA LAMAS |
| Data da Resolução | 21 de Outubro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: L 17/86 DE 1986/06/14 ART3 N1. L 64-A/89 DE 1989/02/27. CPEREF93 ART87 ART88 ART100 N1 ART101 N2 B.
Sumário : I - A redução de pessoal, integrada num plano de intervenção duradoura sobre a gestão da empresa, dirigido à sua recuperação, constitui uma providência de gestão controlada e não de reestruturação financeira. II - O ajustamento do quadro laboral da empresa às reais possibilidades do seu capital de giro e às efectivas necessidades da sua produção só pode ser prescrito pela administração após deliberação da assembleia, em sede de gestão controlada. III - Mesmo que a redução do número de trabalhadores seja aprovada pela assembleia de credores e considerada na sentença que homologou a respectiva deliberação como um pressuposto essencial para que a reestruturação financeira aprovada fosse eficaz, não se verificaria, sem mais, a caducidade dos contratos de...
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