Acórdão nº 003787 de Supremo Tribunal Administrativo (Portugal), 12 de Janeiro de 1994 (caso None)
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 12 de Janeiro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATÉRIA DE FACTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART24 ART25 N1 ART35 N1 A ART10 N1. LCT69 ART101 N2. CCIV66 ART342 N1 ART344 ART350 N1 ART487 N1 ART799 N1. L 17/86 DE 1986/06/14 ART3 N1. CPC67 ART730 N1.
Jurisprudência Nacional: AC STJ DE 1983/01/07 IN BMJ N323 PAG266. AC STJ DE 1993/01/13 IN CJ ANOII PAG220.
Sumário : I - Integra justa causa de rescisão do contrato de trabalho pelo trabalhador a falta culposa de pagamento pontual da retribuição na forma devida. II - A falta culposa de pagamento pontual da retribuição pelo trabalhador pressupõe os seguintes requisitos: a) o facto material da falta de pagamento da retribuição; b) a existência de nexo de imputação da falta de pagamento a culpa exclusiva da entidade patronal; c) o comportamento da entidade patronal deve gerar uma situação de imediata impossibilidade de subsistência da relação laboral, tornando inexigível que o trabalhador permaneça ligado à empresa por mais tempo. III - Na responsabilidade contratual recai sobre o devedor o ónus da prova da ausência de culpa, das razões que justificadamente o levaram a não cumprir a obrigação a que se encontrava vinculado - pagamento pontual da retribuição pelo empregador ao empregado no...
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