Acórdão nº 0068644 de Supremo Tribunal Administrativo (Portugal), 09 de Outubro de 1991 (caso None)
Magistrado Responsável | NUNES FERREIRA |
Data da Resolução | 09 de Outubro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Sumário: I - A natureza jurídica do contrato há-de resultar dos elementos de facto que o integram e não da qualificação subjectiva que, dele, as partes possam ter feito. II - A distinção entre o contrato de trabalho e o contrato de prestação de serviços assenta em dois pilares: quanto ao primeiro, no contrato de trabalho, o trabalhador presta a sua actividade, independentemente do seu resultado, enquanto o contrato de prestação de serviços tem por objecto o mero resultado do trabalho e não o trabalho em si; quanto ao segundo, no contrato de trabalho existe subordinação jurídica do trabalhador perante a entidade patronal, que lhe pode dar ordens e dirigir e fiscalizar a sua actividade, ao passo que no contrato de prestação de serviços, o trabalhador age com autonomia, no exercício da sua actividade. III - Dado que no contrato subscrito entre as partes se estipulou: 1 - a obrigação de um período certo de permanência na empresa ou em diligências externas; 2 - o facto de os CTT quererem ter ao seu dispor, no período de labor acordado, alguém habilitado para se ocupar em exclusivo dos processos ou problemas jurídicos que lhes fossem confiados pela hierarquia dos serviços; 3 - uma remuneração mensal certa, indexada à tabela...
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