Acórdão nº 000926 de Supremo Tribunal Administrativo (Portugal), 22 de Março de 1985 (caso None)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 22 de Março de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: JORGE LEITE IN CESSAÇÃO DO CONT TRAB PÁG162 PÁG172.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB. DIR PROC TRAB.
Legislação Nacional: LCT69 ART12 N1 ART13 N2 ART31 N1 N2. DL 372-A/75 DE 1975/07/16 ART10 N1 ART11 N1 ART12 N5 N6 ART31. DL 841-C/76 DE 1976/12/07. L 48/77 DE 1977/07/11. CPT81 ART89 N3. CCTV PARA AS INSTITUIÇÕES BANCÁRIAS PÚBLICAS E PRIVADAS QUE O SUBSCREVEREM IN BTE 18/78 PAG1146 CLAUS157 N2.
Jurisprudência Nacional: AC STJ DE 1983/02/22 IN BMJ N324 PAG545.
Sumário : I - O n. 1 do artigo 12 e o artigo 13 da L.C.T., levam à conclusão que, a norma de maior dignidade exclue sempre a aplicação de outra de dignidade inferior, o que só não acontece no caso de as últimas estabelecerem tratamento mais favorável ao trabalhador e não se encontrarem em oposição ou colisão com as primeiras, ou na hipótese de estas expressamente consagrarem a possibilidade de serem afectadas por aquelas. II - Nos termos do n. 1 do artigo 31 da L.C.T., o prazo de caducidade de 60 dias terá de contar-se a partir do dia em que a entidade patronal ou o seu superior hierárquico do trabalhador com a competência disciplinar teve conhecimento da infracção. III - O processo disciplinar vem regulado na lei (Decreto-Lei n. 372-A/75) em termos de imperatividade (regra do artigo 31 do mesmo diploma) e de modo a assegurar...
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