Acórdão nº 98S026 de Supremo Tribunal de Justiça (Portugal), 07 de Outubro de 1998 (caso NULL)
Magistrado Responsável | JOSE MESQUITA |
Data da Resolução | 07 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR TRAB - CONTRAT INDIV TRAB.
LegislaÁ„o Nacional: CCIV66 ART1152 ART1154. LCT69 ART1 ART8 N4.
Sum·rio : I - A retribuiÁ„o È um indÌcio sem grande valor para diferenciar o contrato de trabalho do contrato de prestaÁ„o de serviÁos, uma vez que pode existir contrato de trabalho sem retribuiÁ„o regular ou de montante vari·vel e, por outro lado, È frequente a remuneraÁ„o regular, periÛdica e fixa em contratos de prestaÁ„o de serviÁos, nomeadamente nos contratos de avenÁa com profissionais liberais. II - A subordinaÁ„o jurÌdica È o elemento fundamental e verdadeiramente diferenciador para distinguir o contrato de trabalho do contrato de prestaÁ„o de serviÁos, j· que n„o h· contrato de trabalho...
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