Acórdão nº 001324 de Supremo Tribunal Administrativo (Portugal), 24 de Abril de 1986 (caso None)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 24 de Abril de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M CAETANO MANUAL DE DIR ADM 7ED PAG545. RDES ANOXVIII 1 2 3 E 4 PAG331. P LIMA E A VARELA NOÇÕES FUNDAM DE DIR CIV 4ED PAG181.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB. DIR CIV - TEORIA GERAL.
Legislação Nacional: DL 49408 DE 1969/11/24. DL 452/74 DE 1974/09/13 ART1 N2 ART2 N1 ART40 N2. DL 644/75 DE 1975/11/15. CCIV66 ART12 N2. LCT69 ART82 N3. LOBP75 ART62. NIVELAMENTO DAS CONDIÇÕES LABORAIS DO SECTOR BANCARIO IN BMT N43 DE 1975/11/22. RGU DO CREDITO A HABITAÇÃO PARA O SECTOR BANCARIO APROVADO POR DESP DO SUB-SECRETARIO DE ESTADO DO TESOURO DE 1977/08/03.
Jurisprudência Nacional: AC STJ PROC729 DE 1984/12/14. AC STJ DE 1985/05/17 IN BMJ N317 PAG259. AC STA DE 1943/05/25 IN COL AC PAG332. AC STA DE 1943/06/04 IN COL AC PAG385. AC STA DE 1943/10/15 IN COL AC PAG557. AC STA DE 1971/07/02 IN AD N114 PAG931. AC STJ PROC1018 DE 1985/10/10. AC STA DE 1971/03/02 IN AD N114 PAG934.
Sumário : I - A retribuição, e aquilo a que o trabalhador tem direito como contrapartida do seu trabalho e que compreende a remuneração de base e todas as outras prestações regulares e periodicas, feitas em dinheiro ou em especie. II - Se o emprestimo constituisse "retribuição" não teria que ser reembolsado pelo trabalhador a entidade patronal mutuante. III - Isto basta para afastar a presunção do n. 3 do artigo 82 da L.C.T. que, naturalmente, pressupõe a natureza de prestação...
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