Acórdão nº 002040 de Supremo Tribunal Administrativo (Portugal), 22 de Junho de 1989 (caso None)
| Magistrado Responsável | MARIO AFONSO |
| Data da Resolução | 22 de Junho de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL. DIR CONST - DIR FUND.
Legislação Nacional: DL 674-C/75 DE 1975/12/02 ART1 A ART3 ART5 N1 N2. DL 274/76 DE 1976/04/12 ART44 ART66 N1 C. DL 418/76 DE 1976/05/27 ART1. DL 17/79 DE 1979/02/08. RAR 82/79 DE 1979/03/23. DL 371-A/79 DE 1979/09/06 ART1 N1. DL 260/76 DE 1976/04/08. DL 167/84 DE 1984/05/22 ART73. CCIV66 ART12 N1. LCT69 ART37 N1. DL 674-A/75 DE 1975/11/29 ART5 N2. DL 221-B/75 DE 1975/05/09 ART5 N1. DL 639/76 DE 1976/07/29 ART26. CONST76 ART53.
Sumário : I - Considerando o princípio da irretroactividade das leis, consignado no artigo 12, n. 1 do Código Civil, tem de se reconhecer o efeito revogatório atribuido ao Decreto-Lei n. 418/76, relativamente aos artigos 44, e 66, n. 1, alínea c) do primitivo estatuto da Radiodifusão Portuguesa (Decreto-Lei 274/76, de 12 de Abril de 1976). II - Por consequência, improcede a invocação do regulamento de promoções e carreiras profissionais dos operadores decorrentes do acordo entre a administração do ex-Rádio Clube Português desde 5 de Junho de 1975. Com efeito, a aplicação desse regulamento, conflitua frontalmente com o objectivo de pôr cobro às assimetrias resultantes das diferentes origens dos trabalhadores, corrigindo categorias e equiparando salários, pondo fim ao "chocante desprezo da regra de que a trabalho igual deve corresponder salário igual". Procurando atingir esta finalidade, a Radiodifusão Portuguesa, procedeu ao nivelamento dos seus trabalhadores tomando por base a tabela de remunerações que...
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