Acórdão nº 001326 de Supremo Tribunal Administrativo (Portugal), 14 de Março de 1986 (caso None)
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 14 de Março de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV.
Legislação Nacional: D 3-A/78 DE 1978/01/09 ART1 ART3. CPT63 ART22 ART68 N3 ART69. CPC67 ART664 ART668 N1 D ART712 N2 ART722 N2 ART729 N2 N3.
Jurisprudência Nacional: AC STJ DE 1984/03/16 IN BMJ N348 PAG371. AC STJ DE 1981/05/29 IN BMJ N307 PAG152. AC STJ DE 1968/02/06 IN BMJ N174 PAG185. AC STJ DE 1985/05/17 IN BMJ N347 PAG264. AC STJ DE 1985/06/05 IN AD N288 PAG1430. AC STJ DE 1985/02/13 IN AD N283 PAG85. AC STJ DE 1985/01/30 IN BMJ N342 PAG269. AC STJ DE 1984/12/14 IN BMJ N342 PAG269.
Sumário : I - A qualificação ou categoria de um trabalhador não e a da definição que lhe foi atribuida, mas a que resulta das tarefas que executa ou funções efectivamente exercidas. II - Essas funções ou tarefas devem ser as proprias ou especificas e não as acessorias ou comuns a uma generalidade de trabalhadores. III - Para a atribuição de categoria não e necessaria a execução de todas as funções definidas no IRC, devendo o trabalhador ser classificado na categoria que mais se aproxime das funções efectivamente exercidas. IV - Uma reclassificação correcta não exige que a categoria profissional ja se encontre institucionalizada...
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