Acórdão nº 0091764 de Supremo Tribunal Administrativo (Portugal), 02 de Março de 1994 (caso None)
Magistrado Responsável | MAMEDE DA CRUZ |
Data da Resolução | 02 de Março de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART21 N1 N4 ART24 N1 N2.
Sumário: I - A entidade patronal, salvo em contrário, só pode transferir o trabalhador para outro local de trabalho se essa transferência não causar prejuízo sério ao trabalhador ou se resultar da mudança, total ou parcial, do estabelecimento onde aquele presta serviço. II - Quando um trabalhador é transferido de local de trabalho, compete-lhe provar que tal transferência lhe causa prejuízos sérios e, nessa hipótese, pode rescindir o contrato de trabalho, com direito a receber a indemnização de antiguidade. Só assim não será se a entidade patronal provar, por sua vez, que da mudança não resulta prejuízo sério para o trabalhador. III -...
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