Acórdão nº 0092364 de Supremo Tribunal Administrativo (Portugal), 27 de Abril de 1994 (caso None)
Magistrado Responsável | MAMEDE DA CRUZ |
Data da Resolução | 27 de Abril de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART5 ART65. DL 874/76 DE 1976/12/28 ART16 ART17. DL 19478 DE 1931/03/18 ART14 §1. ORDEM DE SERVIÇO 378/44 DE 1944/05/15 ART79. CIRCULAR 56/75 DE 1975/08/24. CCIV66 ART333 N1 ART405 N1. CPC67 ART676 N1 ART680 N1 ART690.
Jurisprudência Nacional: AC STJ DE 1965/07/27 IN BMJ N149 PAG292.
Sumário: I - Não existindo preceito legal ou convencional regulador da licença ilimitada requerida por um funcionário bancário, quer ao tempo em que a solicitou, quer ao tempo em que requereu a sua readmissão ao serviço da sua entidade patronal (Banco Nacional Ultramarino), a situação é regulamentada pela Ordem de Serviço n. 378/44, de 15 de Maio, do BNU, a qual, no seu artigo 79, dispunha que "... o Banco só readmitirá o empregado desde que haja vaga e convenha aos seus interesses. O empregado que entre de licença ilimitada dará imediatamente vaga no seu quadro". II - Porém, com a Circular Interna n. 56/75, de 28 de Agosto, a situação alterou-se radicalmente, pois, a partir de então, a readmissão dos trabalhadores na situação de licença ilimitada...
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