Acórdão nº 000695 de Supremo Tribunal de Justiça (Portugal), 25 de Maio de 1984 (caso NULL)
Magistrado Responsável | MIGUEL CAEIRO |
Data da Resolução | 25 de Maio 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 ART10 N1 N2 G ART12 N6. LCT69 ART20 N1 B C ART39 N1 N3. DL 841-C/76 DE 1976/12/07. DL 47512 DE 1967/01/25 ART8 PAR3. DL 40651 DE 1956/06/21 ART83 PAR1 PAR2. DL 373/79 DE 1979/09/08 ART1 ART14 N3. DL 40/77 DE 1977/01/29.
Jurisprudência Nacional: AC STJ DE 1982/02/05 IN AD N244 PAG553.
Sumário : I - O direito de a entidade patronal instituir o regime de controlo de assiduidade da generalidade dos seus trabalhadores por " marcação de ponto " não constitui um regulamento interno a que seja aplicavel o n. 3 do artigo 39 do Regime Juridico do Contrato Individual de Trabalho, aprovado pelo Decreto-Lei n. 49408, de 24 de Novembro de 1969, estando antes abrangido pelo seu n. 1. II - Contratado o autor como medico de trabalho para prestar serviço a re de segunda a sexta-feira, a partir das 16 horas, num total de 20 horas semanais, sem lhe ter sido fixada a localização das horas diarias, se nenhuma excepção se contem no respectivo contrato de trabalho quanto aos seus direitos e obrigações, extrai-se daqui a conclusão de que o mesmo ficou obrigado, como qualquer outro trabalhador da re, a cumprir o seu serviço com a necessaria assiduidade, pelo que o chamado " Regulamento do Ponto", instituido pela entidade patronal nos termos referidos na conclusão anterior, não representa...
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