Acórdão nº 0003834 de Supremo Tribunal Administrativo (Portugal), 15 de Maio de 1996 (caso None)
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 15 de Maio de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 102/84 DE 1984/03/29 ART2 N1 N2 ART3 ART4 N1 N3. DL 338/85 DE 1985/08/21. DL 436/88 DE 1988/11/23. CCIV66 ART9 N1 N2 N3 ART238 ART1152 ART1154. LCCT89 ART41 N1 H ART42 N1 A B C D E F N3 ART45 N1 N3 ART46 N3. CONST89 ART17 ART18 N2 ART53 ART58 N1.
Jurisprudência Nacional: AC RL DE 1995/07/13 IN CJ ANO1995 T4 PAG152. AC RL DE 1995/10/04.
Sumário: I - Tendo a Autora, entre 15-2-1989 e Julho de 1992, feito estágio de Educadora de Infância, no "Infantário Arco Íris", pertencente à Ré - no âmbito de um contrato estabelecido entre esta e o Instituto Piaget, de que a Autora era aluna -, ali comparecendo quando queria e fazendo aquilo que entendia dever ou poder fazer para conseguir experiência profissional, sem qualquer tipo de subordinação, quer jurídica, quer económica, perante a Ré, não existiu entre as partes qualquer contrato de trabalho. II - Também a Autora não esteve ligada à Ré por contrato de aprendizagem, por falta de verificação das condições e requisitos em que este contrato assenta. III - Após o termo do estágio, e entre Setembro de 1992 e 31-3-1993, a Autora, com contrato de prestação de serviços, prestou à Ré actividade própria de Educadora de Infância, sem horário de trabalho estrito, em regime liberal de completa responsabilidade pessoal e técnica, mediante retribuição contra a passagem de recibos verdes e sem qualquer...
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