Acórdão nº 002242 de Supremo Tribunal Administrativo (Portugal), 26 de Setembro de 1989 (caso None)
| Magistrado Responsável | LICINIO CASEIRO |
| Data da Resolução | 26 de Setembro de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: J LEITE COUTINHO DE ALMEIDA IN CJ PAG261.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - DIR OBG.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART12 N5 N6. DL 729-F/75 DE 1975/12/28. DL 49408 DE 1969/11/24 ART95 N1. CCIV66 ART847. LCT69 ART95 N1.
Jurisprudência Nacional: AC STJ PROC2021 DE 1989/03/03. AC STJ PROC1900 DE 1988/07/08.
Sumário : I - O prazo de 30 dias referido no artigo 12, n. 6 da Lei dos Despedimentos (Decreto-Lei n. 372-A/75, de 16 de Julho) constitui uma presunção juris tantum de que a entidade patronal não considera a infracção como perturbadora das relações laborais entre ela e o trabalhador. II - Tal presunção é ilidível por prova em contrário, circunstância esta que acarreta, para a entidade patronal, o ónus de demonstrar que, apesar do decurso do dito prazo de 30 dias, é prática e imediatamente impossível a subsistência da relação de...
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