Acórdão nº 002280 de Supremo Tribunal Administrativo (Portugal), 14 de Dezembro de 1989 (caso None)
Magistrado Responsável | MARIO AFONSO |
Data da Resolução | 14 de Dezembro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART25 N1 B C N2. LCT69 ART1 ART19 B ART82. DL 874/76 DE 1976/12/28 ART6 N1. CONST89 ART58 N1 ART59 N1 A D. CCIV66 ART799. CPC67 ART1160 N1.
Jurisprudência Nacional: AC STJ DE 1983/11/11 IN AD N266 PAG268. AC STJ PROC2088 DE 1988/05/18. AC STJ PROC2154 DE 1989/10/20.
Sumário : I - Quer a retribuição quer as férias assumem a natureza de direitos fundamentais exarados na Constituição da República que, depois de no artigo 58, n. 1, afirmar o direito ao trabalho, no artigo 59 n. 1, na revisão de 1989, diz que todos os trabalhadores têm direito à retribuição do trabalho (alínea a)) e a férias periódicas pagas (alínea d)). II - Impende sobre a entidade patronal o ónus de provar que a falta de pagamento da retribuição não é imputável a culpa sua. III - Estando em causa um problema de responsabilidade contratual incumbe à entidade patronal, na qualidade de devedor da...
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