Acórdão nº 003535 de Supremo Tribunal Administrativo (Portugal), 28 de Abril de 1993
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 28 de Abril de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MENEZES CORDEIRO IN DIREITO DO TRABALHO PAG665. MONTEIRO FERNANDES IN DIREITO DO TRABALHO PAG157.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART406 N1. ACTV PARA O SECTOR BANCÁRIO IN BTE N28 IS DE 1986/07/29 CLAUS6 N1 CLAUS20 ANEXOIII CLAUS52 N1 N2 N3 N4 N5 N6. LCT69 ART21 N1 D ART22 ART23 ART50. DL 409/71 DE 1971/09/27 ART13 ART14 N2 ART15.
Jurisprudência Nacional: AC STJ DE 1989/06/30 IN AD N335 PAG1410. AC STJ DE 1991/06/02 IN AD N355 PAG923.
Sumário : I - A posição do trabalhador na organização produtiva em que se integra pelo contrato, define-se através do conjunto de serviços e tarefas que constituem o objecto da prestação laboral. A essa posição corresponde a categoria do trabalhador, a qual traduz o "status" do trabalhador na empresa, determinado com base numa classificação normativa e em conformidade com a natureza e espécie das tarefas por ele efectivamente realizadas no exercício da sua actividade. II - A entidade patronal não pode, em princípio, baixar a categoria do trabalhador, nem modificar definitiva e arbitrariamente o objecto...
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