Acórdão nº 0063634 de Supremo Tribunal Administrativo (Portugal), 27 de Junho de 1990 (caso None)
Magistrado Responsável | RODRIGUES DA SILVA |
Data da Resolução | 27 de Junho de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CONST89 ART13. CPT81 ART69. ACT BANCÁRIOS DE 1973 CLAUS15.
Jurisprudência Nacional: AC STJ DE 1984/02/14 IN BMJ N342 PAG269. AC STJ DE 1985/01/30 IN BMJ N343 PAG242. AC RL DE 1987/04/13 IN CJ ANO1987 VOL3.
Sumário: I - "O trabalhador bancário regressado de uma agência bancária do ex-Ultramar Português, deve ser integrado nos quadros do Banco no qual prestou serviço no ex-Ultramar, observando-se a categoria profissional em que estava ali classificado". II - O dador do trabalhador não pode baixar a categoria para que os seus trabalhadores tenham sido contratados ou a que tenham ascendido por promoção. III - A entidade patronal que atribuir ao trabalhador certa categoria profissional ainda não institucionalizada deve reclassificá-lo nessa mesma categoria quando esta venha a figurar em instrumento de regulamentação colectiva de trabalho com o conteúdo correspondente, no essencial, às funções que o mesmo trabalhador sempre exerceu desde aquela atribuição. IV - O Autor, que foi admitido ao serviço do Banco de Crédito Comercial, em Moçambique, em 1968/06/08, como quarto escriturário, a partir de 1974/01/01 passou a chefiar a secção designada por OTN (Outros Territórios Nacionais), tendo por missão organizar, coordenar e chefiar os serviços relacionados com todas as operações...
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