Acórdão nº 000088 de Supremo Tribunal de Justiça (Portugal), 30 de Maio de 1980 (caso NULL)
Magistrado Responsável | MELO BANDEIRA |
Data da Resolução | 30 de Maio de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV - RECURSOS. DIR PROC TRAB. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART721 N2 ART722 N2 ART729. CPT79 ART50 N3. LCT69 ART10 N1 ART38 N1 ART73 ART75. CCIV66 ART790 N1 ART791 ART792 N1.
Sumário : I - Face às normas dos artigos 73 e 75 da LCT, ao trabalhador regressado da prestação do serviço militar obrigatório, impõe-se apresentar-se à entidade patronal dentro de quinze dias, sob a pena de perder o direito ao lugar. II - Tendo corrrido, novamente e por inteiro, o prazo prescricional - artigo 50, n. 3 do Código de Processo do Trabalho - se alcança que o trabalhador, vindo instaurar a acção, dentro de um ano contado da data em que se iniciou a nova fase da prescrição - artigo 38, n. 1 daquela LCT, o fez atempadamente III - Não tendo a entidade patronal feito prova, como lhe competia, no sentido de que o contrato celebrado foi reduzido a escrito, haverá que ser considerado como contrato sem prazo. IV - Desta natureza sem prazo, nasceu, para a empresa, com a sua atitude de obstaculizar, aquele...
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