Acórdão nº 0077144 de Supremo Tribunal Administrativo (Portugal), 06 de Maio de 1992 (caso None)
Magistrado Responsável | DINIZ ROLDÃO |
Data da Resolução | 06 de Maio de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 64-A/89 DE 1989/02/27 ART46. DL 781/76 DE 1976/10/28 ART2. CCIV66 ART224 N1.
Jurisprudência Nacional: AC RL DE 1986/10/29 IN BTE 2II ANO1987 PAG1581.
Sumário: I - A comunicação escrita exigida pelo art. 46 do DL 64-A/89 é uma formalidade "ad substantiam" pelo que qualquer comunicação oral em que seja expressa a vontade da entidade patronal de não renovar o contrato é absolutamente irrelevante. II - Provado que a R., no dia 91/02/20, por intermédio de um seu gerente, avisou oralmente a A. de que findo o período de férias que iria gozar não se devia apresentar mais ao serviço porque a R. decidira não renovar o contrato e ainda que, na mesma altura, foi-lhe apresentado o original do documento escrito em que a R. lhe comunicou que fora deliberado não renovar o seu contrato de...
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