Acórdão nº 002434 de Supremo Tribunal de Justiça (Portugal), 20 de Junho de 1990 (caso NULL)
| Magistrado Responsável | ROBERTO VALENTE |
| Data da Resolução | 20 de Junho de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR TRAB - CONTRAT INDIV TRAB.
LegislaÁ„o Nacional: DL 49408 DE 1969/11/24 ART73 ART84 N2 N3.
JurisprudÍncia Nacional: AC STJ PROC1694 DE 1988/01/15.
Sum·rio : I - Perante o artigo 84, n. 2 da L. C. T. que, para determinar o valor da retribuiÁ„o variavel, manda atender a media de valores que o trabalhador recebeu ou tinha direito a receber nos ultimos doze meses, ou ao tempo da execuÁ„o do contrato, se este tiver durado menos tempo, duas teses tem vindo a ser defendidas. II - Uma defende a interpretaÁ„o puramente literal daquele preceito com o consequente calculo da retribuiÁ„o pela media dos ultimos doze meses de trabalho. III - Outra, que se reputa de mais justa e adequada, considera os ultimos doze meses de trabalho efectivo. IV - Se os...
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