Acórdão nº 002045 de Supremo Tribunal Administrativo (Portugal), 19 de Abril de 1989 (caso None)
| Magistrado Responsável | MARIO AFONSO |
| Data da Resolução | 19 de Abril de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: J LEITE C ALMEIDA COLECTÂNEA DE LEIS DE TRABALHO COIMBRA 1985 PAG80.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CONST - DIR FUND.
Legislação Nacional: L 1952 DE 1937/03/10 ART20. LCT69 ART13 ART37 N1. CONST82 ART53. CCT PARA O SECTOR BANCÁRIO DE 1980/07/15 IN BTE N26 IS CLAUS16. CCT PARA O SECTOR BANCÁRIO DE 1982/07/15.
Sumário : I - Por "transferência de exploração", a que se refere o artigo 20 da Lei n. 1952, de 10 de Março de 1937, e por "transmissão do estabelecimento", de acordo com o disposto no artigo 37, n. 1, da Lei do Contrato de Trabalho, aprovada pelo Decreto-Lei n. 49408, de 24 de Novembro de 1969, entende-se toda a passagem do complexo jurídico-económico, onde o trabalhador exerce a sua actividade, da esfera jurídica do empregador para outrem, seja a que título for. II - Esta contingência da vida da empresa não se reflecte sobre os contratos de trabalho vigentes, que se manterão com o novo detentor do referido complexo jurídico-económico. III - Constitui transferência ou...
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