Acórdão nº 0073154 de Supremo Tribunal Administrativo (Portugal), 23 de Setembro de 1992 (caso None)
Magistrado Responsável | CESAR TELES |
Data da Resolução | 23 de Setembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART342 N2.
Jurisprudência Nacional: AC STJ DE 1989/11/29 IN AD N339 PAG425. AC STJ DE 1987/06/05 IN AD N312 PAG1635. AC STJ DE 1991/02/20 IN AD N355 PAG935.
Sumário: I - Provado que entre a TAP e dois oficiais de tráfego foi celebrado "Acordo" para trabalhar em Luanda de cujo clausulado resulta clara a intenção de a retribuição acordada compensar a penosidade resultante da disponibilidade total de tempo a que se obrigaram e que se traduziria inevitavelmente na prestação de trabalho suplementar, o facto de ter sido elaborado um registo de tempo de trabalho, prestado pelos Autores no período de 1 de Novembro de 1983 a Março de 1984, contendo a assinatura do chefe dos serviços administrativos da Delegação da Ré em Luanda não prova que o mencionado...
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