Acórdão nº 0052594 de Supremo Tribunal Administrativo (Portugal), 17 de Janeiro de 1990 (caso None)
Magistrado Responsável | HIPOLITO PEREIRA PINTO |
Data da Resolução | 17 de Janeiro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CONST82 ART52 ART53. LCT69 ART10 N1. DL 372-A/75 DE 1975/07/16 ART9 N1 N3 ART13 N1. DL 781/76 DE 1976/10/28 ART1 N1 N2. CCTV EMPRESAS SERVIÇOS DE LIMPEZA IN BTE N7/85 DE 1985/02/22.
Jurisprudência Nacional: AC RL DE 1988/01/13 IN CJ TXIII V1 PAG171.
Sumário: I - Entre nós, o contrato-regra é o contrato de trabalho sem prazo, sendo o contrato de trabalho a prazo a excepção. II - O DL n. 781/76, de 28 de Outubro, estabeleceu o novo regime dos contratos de trabalho a prazo, desde que este seja certo. III - Este diploma, no n. 2 do seu artigo 1, autorizou a celebração de contratos por prazos inferiores a seis meses, quando se verifique a natureza transitória do trabalho a prestar, designadamente quando se trate de um serviço determinado ou de uma obra concretamente definida. IV - Por isso, foram validamente celebrados, entre a Autora e a Ré, sete contratos de trabalho a prazo, sucessivos, de um mês, cada um, com início em 5-3-1986 e termo em 5-10-1986, uma vez que de cada um constava que a Autora substituiria trabalhadores que se encontravam de férias e de baixa médica - o que, efectivamente, sucedeu até Outubro de 1986. V - Em Outubro de 1986, a...
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