Acórdão nº 002283 de Supremo Tribunal Administrativo (Portugal), 12 de Janeiro de 1990 (caso None)
| Magistrado Responsável | SALVIANO DE SOUSA |
| Data da Resolução | 12 de Janeiro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - DIR RESP CIV.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART4 C E ART9 ART10 ART11 ART12 ART24 ART25 ART26 ART27. CCIV66 ART483 N1 ART496 N1.
Jurisprudência Nacional: AC STJ DE 1982/01/14 IN AD N246 PAG862. AC STJ DE 1985/10/25 IN BMJ N350 PAG265. AC STJ DE 1986/06/25 IN BMJ N358 PAG378. AC STJ DE 1986/10/10 IN BMJ N360 PAG443.
Sumário : I - No nosso ordenamento juridico laboral não existe o despedimento tacito. II - Existem, porem, situações que correspondem a despedimento de facto, por iniciativa clara e expressa da entidade patronal, sendo de exigir que os actos praticados por esta sejam inequivocos, equivalentes a uma manifestação de vontade de despedir. III - A não retribuição do trabalho não constitui despedimento de facto. IV - Somente nos casos de rescisão de contrato de trabalho ou...
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