Acórdão nº 002958 de Supremo Tribunal Administrativo (Portugal), 24 de Abril de 1991 (caso None)
| Magistrado Responsável | SOUSA MACEDO |
| Data da Resolução | 24 de Abril de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 209-A/86 DE 1986/07/28 ART1 N1 N2 ART2 N1 C N2. RAR 26/86 DE 1986/11/03. CONST82 ART172 N3. L 49/86 DE 1986/12/31 ART87. DL 372-A/75 DE 1975/07/16 ART7 N1 ART8 N1 B. L 26/81 DE 1981/08/21 ART3 N1 N2.
Sumário : I - A duração de um mes, renovavel, de um contrato de trabalho a prazo celebrado entre o Autor e a Re, empresa publica em liquidação, encontra-se suficientemente justificada por decorrer das limitações de poderes da comissão liquidataria. II - A lei que extingue uma empresa publica e determina que entre imediatamente em liquidação pode tambem determinar a caducidade de determinados contratos de trabalho, caducidade que resultaria ainda do proprio encerramento definitivo da empresa por via legal pois surgiria uma impossibilidade superveniente, absoluta e definitiva, de a empresa receber o trabalho (artigo 8 n. 1 alinea b) do Decreto-Lei n. 372-A/75). III - A cessação dos contratos de trabalho por força da lei não e enquadravel no despedimento colectivo, porque este tem fundamentos legais proprios e e promovido pelo empregador, enquanto naquela os contratos cessam por força da lei. IV - A Resolução da Assembleia da Republica que negou a ratificação do Decreto-Lei n. 209-A/86 que extinguiu a Empresa Nacional de Petroquimica, E. P. so revogou este diploma para o futuro, respeitando os efeitos decorrentes da sua anterior vigencia...
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