Acórdão nº 001487 de Supremo Tribunal de Justiça (Portugal), 16 de Janeiro de 1987 (caso NULL)
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 16 de Janeiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB.
Legislação Nacional: CPC67 ART684 N3 ART690 N1 ART668 N1 D ART722 N2. CPT81 ART49 N2. DL 465/75 DE 1975/08/27 ART1. LCT69 ART38.
Jurisprudência Nacional: AC STJ PROC1384 DE 1986/06/25. AC STA DE 1977/06/26 IN AD N168 PAG826. AC STJ DE 1980/06/14 IN AD N203 PAG403. AC STJ DE 1985/02/13 IN AD N283 PAG859. AC STJ DE 1984/12/07 IN AD N278 PAG243.
Sumário : r - Provando-se que o contrato de trabalho foi celebrado entre o trabalhador e a entidade patronal para execução integral e exclusiva no estrangeiro, que essa relação laboral se iniciou, desenvolveu e cessou no estrangeiro, e que a entidade patronal nunca desenvolveu a sua actividade em Portugal, não tem aplicação a essa relação o CCT para a construção civil (BTE n. 11 de 1983). II - A tentativa de conciliação, a que se refere o artigo 49 do CPT, deve ser requerida a Comissão de Conciliação e Julgamento existente para a actividade profissional do trabalhador respectivo, pelo que o pedido dirigido a CCJ incompetente não suspende o decurso do prazo da prescrição previsto no artigo 38 n. 1 da LCT de 1969. III - A nulidade da decisão...
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