Acórdão nº 001560 de Supremo Tribunal de Justiça (Portugal), 05 de Junho de 1987 (caso NULL)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 05 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: M FERNANDES NOÇÕES FUNDAMENTAIS DE DIR TRAB 3ED PAG122. J A MESQUITA IN BMJ DE 1979. G TELES IN BMJ N83 PAG196.
Área Temática: DIR CIV - DIR CONTRAT. DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB.
Legislação Nacional: CCIV66 ART1152 ART1154 ART1156 ART1161. LCT69 ART1 N1 ART5 N2 ART49. CPT81 ART66 D.
Jurisprudência Nacional: AC STA DE 1976/06/08 IN AD N178 PAG1036. AC STJ DE 1979/11/30 IN BMJ N291 PAG382. AC STA DE 1973/05/08 IN AD N139 PAG1081. AC STA DE 1971/01/15 IN AD N113 PAG803. AC STA DE 1972/02/08 IN AD N124 PAG546.
Sumário : I - Contrato de trabalho é aquele pelo qual uma pessoa se obriga mediante retribuição a prestar a sua actividade intelectual ou manual a outra, sob a autoridade e direcção desta. II - O contrato de prestação de serviço, é aquele em que uma das partes se obriga a proporcionar à outra certo resultado do seu trabalho intelectual ou manual com ou sem retribuição. III - São dois os elementos essenciais constitutivos do contrato de trabalho: a subordinação económica e a subordinação jurídica. Verifica-se o primeiro se o trabalhador receber retribuição do dador do trabalho; e o segundo quando, na prestação da sua actividade, o trabalhador esteja sob as ordens, direcção e fiscalização do dador do trabalho. IV - Para que haja contrato de trabalho não é necessário que o horário de trabalho seja imposto pelo empregador, podendo ser acordado entre este e o trabalhador. V - São dois os critérios fundamentais para distinguir entre o contrato de trabalho e o contrato de prestação de serviço: o...
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