Acórdão nº 004251 de Supremo Tribunal de Justiça (Portugal), 22 de Novembro de 1995 (caso NULL)
| Magistrado Responsável | LOUREIRO PIPA |
| Data da Resolução | 22 de Novembro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA.
Indicações Eventuais: M CORDEIRO MAN DIR TRAB PAG853. M FERNANDES DIR TRAB PAG553. L XAVIER CURS DIR TRAB PAG533.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: D 519-CJ/79 DE 1979/12/27 ART7 N1 ART14 N3 N4. CCIV66 ART805 N1. DL 64-A/89 DE 1989/02/27 ART27 N2 ART34 N1 N2 N3 ART35 N1. D 49408 DE 1969/11/24 ART21 N1 C. CPC67 ART680 N1 ART710 N1.
Jurisprudência Nacional: AC STJ DE 1983/01/07 IN BMJ N323 PAG255.
Sumário : I - Não existe concorrência do Contrato Colectivo de Trabalho, pois o Autor é terceiro em relação ao contrato celebrado entre a Ré e a Sitra. II - Não há violação de liberdade sindical pelo facto de não haver a igualdade de trabalho igualdade de remuneração - artigo 59, n. 1, alínea a) - e violação da norma constitucional, pois o trabalhador, se isso se verificar em relação ao C.C.T., ele pode mudar para aquele que lhe seja mais favorável. III - A omissão por parte do Autor e da entidade sindical, onde está inscrito, da comunicação à entidade patronal dessa inscrição, não tem a menor relevância quanto à determinação da contratação colectiva aplicável, nem tal comunicação resulta de qualquer dever específico legalmente imposto ao trabalhador. IV - Ora, estando o Autor afecto à actividade dos transportes pesados de mercadorias internacionais, é-lhe devida a remuneração gratificativa ou subsídio especial correspondente, no mínimo, à retribuição de duas horas extraordinárias, resultante à retribuição especial da isenção...
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