Acórdão nº 0085834 de Supremo Tribunal Administrativo (Portugal), 17 de Junho de 1993
Magistrado Responsável | SOARES DE ANDRADE |
Data da Resolução | 17 de Junho de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART342 N1 ART487 N2 ART752 N1 ART798 ART799 N2. LCCT89 ART9 N1 N2 E ART12 N4 ART41 N1 A B C D E F G H N2. LCT69 ART21 N1 A B N2 ART22 N1 N2 N3 ART39 N1 ART40 N1.
Sumário: I - Não tendo a Autora sido contratada para ocorrer a substituição temporária de trabalhador, nem a acréscimo temporário ou excepcional da actividade da empresa, nem a execução de uma tarefa ocasional ou serviço determinado precisamente definido e não duradouro - antes tendo ido substituir uma outra trabalhadora, de nome Ana Paula, cujo contrato cessara, e cuja substituição era imperiosa e necessária - tem-se por nula a estipulação do termo previsto no seu contrato de trabalho, nos termos do n. 2 do artigo 41 do DL n. 64-A/89, de 27 de Fevereiro, considerando-se a Autora como trabalhadora permanente da Ré. II - Tendo a Autora sido contratada inicialmente como segunda Escriturária no escritório da Ré, no sector de importação...
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