Acórdão nº 003482 de Supremo Tribunal Administrativo (Portugal), 08 de Março de 1995 (caso None)
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 08 de Março de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: M FERNANDES IN DIREITO DO TRABALHO VOLI PAG98 9ED. G CANOTILHO E V MOREIRA IN CONSTITUIÇÃO ANOTADA PAG301 3ED.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB. DIR CIV - TEORIA GERAL. DIR CONST - DIR FUND. DIR PROC CIV - RECURSOS.
Legislação Nacional: LCT69 ART12 N2. DL 519-C1/79 DE 1979/12/29 ART7 N1 ART8 ART27 ART29. CCIV66 ART342 N1 N2 ART562 ART566 N1. CONST89 ART13 ART47 N1 ART55. CPC67 ART684 N3.
Jurisprudência Nacional: AC STJ DE 1993/01/20 IN CJSTJ ANOI TI PAG238. AC STJ DE 1993/10/21 IN CJSTJ ANOI TIII PAG81. AC STJ DE 1991/06/06 IN BMJ N408 PAG431.
Sumário : I - Consagra-se na lei o chamado princípio da filiação, por força do qual as cláusulas normativas das CCT se aplicam somente às relações de trabalho existentes entre trabalhadores e patrões inscritos nas associações outorgantes (e também aos empregados que celebrem directamente as CCT). II - Não tendo o autor alegado, a sua inscrição em associação sindical outorgante das CCTs cujas cláusulas pretende que lhe sejam aplicadas, não pode ele invocar a seu favor as disposições constantes das convenções colectivas. III - Mas se o...
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