Acórdão nº 003442 de Supremo Tribunal Administrativo (Portugal), 23 de Fevereiro de 1994 (caso None)
Data | 23 Fevereiro 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: G CANOTILHO E V MOREIRA IN CONST DA REPÚBLICA PORTUGUESA ANOTADA 3ED PÁG319.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB. DIR CONST - DIR FUND.
Legislação Nacional: DL 409/71 DE 1971/09/27 ART1 N2 ART5 ART6 N2 B ART11 N1 N2. CONST82 ART59 N1 A D ART13. LCT69 ART19 C D. DL 49408 DE 1969/11/24. D 381/72 DE 1972/10/09 ART1 ART13 N1. ACT ENTRE A CP E VÁRIOS SINDICATOS IN BMT N22 DE 1975/06/15 CLAS80 N1 N2. DL 235/92 DE 1992/10/24 ART13 N1 ART14. AE/81 DE 1980/11/28 CLAUS89 N6. ACT ENTRE A CP E DE 1976/08/15 IN BMT N8/76 CLAUS83 N6.
Referências Internacionais: CONV DA OIT DE 1919.
Jurisprudência Nacional: AC STJ PROC3159 DE 1991/12/11. AC STJ PROC3180 DE 1994/01/18. AC STJ PROC3829 DE 1994/01/12.
Sumário : I - A entidade patronal tem que estabelecer horário de trabalho dentro de condicionalismos legais. II - Entende-se por horário de trabalho a determinação das horas do início e do termo do período normal de trabalho diário, bem assim como dos intervalos de descanso. III - Todos os trabalhadores têm direito, nomeadamente, à organização do trabalho em condições dignificantes, de forma a facultar a realização pessoal; ao repouso e aos lazeres; a um limite máximo da jornada de trabalho; ao descanso semanal e a férias periódicas pagas. IV - Incumbe ao Estado assegurar as condições de trabalho, retribuição e repouso a que os trabalhadores têm direito, nomeadamente, a fixação, a nível nacional, dos limites da duração de trabalho. V - O contrato de trabalho caracteriza-se por alguém se obrigar, mediante remuneração, a prestar a outrém a sua actividade, estabelecendo-se entre o trabalhador e a entidade patronal um vínculo de subordinação ou dependência. VI - O Decreto-Lei 409/71...
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