Acórdão nº 001540 de Supremo Tribunal de Justiça (Portugal), 27 de Março de 1987 (caso NULL)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 27 de Março de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR TRAB - CONTRAT INDIV TRAB.
LegislaÁ„o Nacional: CPC67 ART288. DL 466/74 DE 1974/09/20 ARTUNICO. LCT69 ART38. DESP DE 1976/04/15. DL 372-A/75 DE 1975/07/16 ART4. CCIV66 ART805 N1 N2 N3.
JurisprudÍncia Nacional: AC STJ DE 1942/10/20 IN BMJ ANO2 PAG275.
Sum·rio : I - Atentos os valores da vida e da liberdade postos em perigo pelo processo de descolonizaÁ„o, n„o era exigivel ao Autor o seu regresso a Angola, o que determina uma impossibilidade relativa e temporaria de ele prestar o seu trabalho, sem implicar a cessaÁ„o da relaÁ„o contratual. II - Assim, nem o Autor se auto-despediu ou abandonou o trabalho, nem o Banco Reu, de forma clara e inequivoca, fez cessar o contrato de trabalho entre ambos celebrado. III - O condicionalismo factual configura uma situaÁ„o de suspens„o do contrato de trabalho, n„o se tendo quebrado legalmente o vinculo contratual que os une, com as consequencias dai...
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