Acórdão nº 0067274 de Supremo Tribunal Administrativo (Portugal), 05 de Dezembro de 1990 (caso None)
Magistrado Responsável | RODRIGUES DA SILVA |
Data da Resolução | 05 de Dezembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Indicações Eventuais: COLECTANEA DE LEIS DO TRABALHO ANOTAÇÃO AO ART3 DO DL 781 DE 1976 DR JORGE LEITE E COUTINHO DE ALMEIDA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 781/76 DE 1976/10/28 ART3 N2. CPC67 ART712 N2. CCIV66 ART342 N1.
Jurisprudência Nacional: AC STJ 1984/11/09 IN AD N277 PAG120. AC STJ 1985/02/02 IN AD N282 PAG739.
Sumário: I - Nos termos do art. 3 n. 2 do DL 781/76 é indispensável para que o contrato de trabalho possa ser válidamente celebrado a prazo que se destine a satisfazer uma necessidade temporária de trabalho da empresa. II - Compete ao trabalhador provar que a entidade patronal teve a intenção de defraudar a lei no momento da celebração do contrato...
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