Acórdão nº 002228 de Supremo Tribunal Administrativo (Portugal), 19 de Dezembro de 1989 (caso None)
| Magistrado Responsável | DIAS ALVES |
| Data da Resolução | 19 de Dezembro de 1989 |
| 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 372-A/75 DE 1975/07/16 ART10.
Jurisprudência Nacional: AC STJ DE 1985/06/20 IN BMJ N358 PAG355. AC STJ DE 1987/05/15 IN BMJ N367 PAG411.
Sumário : I - As faltas não justificadas ao trabalho que determinem directamente prejuízos ou riscos graves para a empresa ou, independentemente de qualquer prejuízo ou risco, quando o número de faltas injustificadas atingir, em cada ano, cinco seguidas ou dez interpoladas são fundamento para a rescisão do contrato de trabalho pela entidade patronal (artigo 10 do Decreto-Lei 372-A/75); mas não basta a simples materialidade do comportamento do trabalhador, requerendo-se o preenchimento das condições de culpa e de gravidade objectiva para o preenchimento do "tipo legal". II - A entidade...
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