Acórdão nº 003446 de Supremo Tribunal Administrativo (Portugal), 11 de Novembro de 1992 (caso None)
| Magistrado Responsável | BARBIERI CARDOSO |
| Data da Resolução | 11 de Novembro de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART424. LCT69 ART99.
Sumário : I - A cessão da posição contratual exige a concorrência de três declarações de vontade: a do cedente, a do cessionário e a do cedido. No caso de uma relação laboral essa tripla manifestação de vontades deve existir entre a primitiva e a nova entidades patronais, no sentido de quererem celebrar um contrato de cessão da posição contratual, com o consentimento do trabalhador interessado. II - A circunstância de as empresas pertencerem ao mesmo grupo económico não é decisiva para dar como existente a cessão da posição...
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