Acórdão nº 96S176 de Supremo Tribunal Administrativo (Portugal), 19 de Fevereiro de 1997 (caso None)
Magistrado Responsável | LOUREIRO PIPA |
Data da Resolução | 19 de Fevereiro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 64-A/89 DE 1989/02/27 ART9 N1 N2 G ART10 N1 ART12 N1 A N3 N5 ART13 N2 B. DL 874/76 DE 1976/12/28 ART23 N1 ART25 N1 N2 N3. LCT69 ART20 N1 B.
Sumário : I - Segundo o artigo 23 n. 1 do Decreto-Lei 874/76, de 28 de Dezembro, as faltas podem ser justificadas ou injustificadas, considerando-se justificadas entre outras as motivadas por doença do trabalhador. Por seu turno, o artigo 25 n. 1 determina que as faltas justificadas, quando previsíveis, serão obrigatoriamente comunicadas à entidade patronal com uma antecedência mínima de cinco dias, adiantando o n. 2 que quando imprevistas, as faltas justificadas serão obrigatoriamente comunicadas à entidade patronal logo que possível. O artigo 25 n. 3 estabelece que o não cumprimento do disposto nos números anteriores, torna as faltas injustificadas. II - Segundo o artigo 9 n. 1 do Decreto-Lei 64-A/89, de 27 de Fevereiro, justa causa é o comportamento culposo do trabalhador que, pela sua gravidade...
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