Acórdão nº 003636 de Supremo Tribunal Administrativo (Portugal), 02 de Junho de 1993 (caso None)
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 02 de Junho de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV - RECURSOS.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART10 N1 ART24 ART25 N1 B N2. DL 64-A/89 DE 1989/02/27 ART9 N1 ART35 N1 A ART36. LCT69 ART35 N1 A ART36 ART38. CPC67 ART721 N2 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1983/01/07 IN BMJ N323 PAG266. AC STJ DE 1974/03/05 IN BMJ N235 PAG253. AC STJ DE 1980/10/15 IN BMJ N300 PAG357. AC STJ DE 1985/02/13 IN BMJ N344 PAG377. AC STJ DE 1987/01/06 IN BMJ N363 PAG488. AC STJ DE 1987/10/06 IN BMJ N370 PAG505. AC STJ DE 1991/07/03 IN AD N374 PAG215. AC STJ DE 1989/06/22 IN BMJ N388 PAG332. AC STJ DE 1989/11/15 IN BMJ N332 PAG488. AC STJ DE 1989/11/29 IN BMJ N391 PAG514. AC STJ DE 1991/07/03 IN AD N360 PAG421.
Sumário : I - O comportamento da entidade empregadora justificativo da rescisão do contrato com justa causa por iniciativa do trabalhador na falta culposa do pagamento pontual da retribuição, pressupõe a ocorrência dos seguintes requisitos: a) um de natureza objectiva - o facto material da falta de pagamento da retribuição; b) outro de carácter subjectivo - a existência de nexo de imputação dessa falta de pagamento a culpa...
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