Acórdão nº 000743 de Supremo Tribunal de Justiça (Portugal), 08 de Junho de 1984 (caso NULL)
Magistrado Responsável | MELO FRANCO |
Data da Resolução | 08 de Junho de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART4 A B C D E ART11 N1 ART25 N1. L 68/78 DE 1978/10/16 ART1 N1 ART10 N1 ART12 N1 ART13 ART14 ART38 ART39 ART43 ART47 N1 N2.
Jurisprudência Nacional: AC STJ DE 1982/01/14 IN BMJ N313 PAG229.
Sumário : I - No nosso ordenamento juridico-laboral não existe a figura do despedimento tacito. II - Quer no regime de autogestão de facto, quer no de autogestão provisoria, a administração da empresa transfere-se para o colectivo dos trabalhadores representado pela sua comissão de gestão, a qual detem a posse util da mesma, agindo, com as devidas adaptações, como se fosse usufrutuaria, e dai que os poderes de direcção da antiga administração se encontrem suspensos ate se tornar definitiva a situação pela verificação de qualquer das circunstancias...
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