Acórdão nº 001888 de Supremo Tribunal de Justiça (Portugal), 23 de Junho de 1988 (caso NULL)
Data | 23 Junho 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB. DIR PROC CIV.
Legislação Nacional: CCT IN BTE N2 DE 1981/01/15 CLAUS5 CLAUS8 CLAUS10 A F S PARUNICO. CPT81 ART65 ART69. CPC67 ART514 ART664 ART665.
Jurisprudência Nacional: AC STJ PROC1510 DE 1987/06/05. AC STJ PROC1638 DE 1987/07/03.
Sumário : I - A categoria profissional de um trabalhador e um conceito de direito a definir e a que pela natureza e especie das tarefas por ele efectivamente realizadas no exercicio da sua actividade, e não a que a entidade patronal arbitrariamente lhe atribua. II - Dado que a categoria e vinculativa para a entidade patronal quando institucionalizada, isto e, quando prevista na lei, regulamento ou instrumento de regulamentação colectiva de trabalho, e obvio que e em alguma das previstas na Convenção Colectiva de Trabalho aplicavel que deve ser classificado o trabalhador, em conformidade com as funções por ele de facto exercidas. III - O Juiz não esta sujeito nas alegações das partes no tocante a indagação, interpretação e aplicação das...
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