Acórdão nº 0089714 de Supremo Tribunal Administrativo (Portugal), 02 de Outubro de 1996
Magistrado Responsável | ALVARO VASCO |
Data da Resolução | 02 de Outubro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 874/76 DE 1976/12/28 ART2 ART3 N2 ART10 ART28 N1 N2. DL 397/91 DE 1991/10/16.
Jurisprudência Nacional: AC STJ DE 1969/06/03 IN AD N92/93 PAG1301. AC RP DE 1979/07/02 IN AD N212/213 PAG816.
Sumário: I - As comissões, sendo auferidas com periodicidade e regularidade, fazem parte integrante da retribuição que, no caso dos autos, era mista, por ser constituida por uma remuneração-base e pelas ditas comissões. II - Tendo as partes acordado livremente que o Autor auferiria um valor mínimo anual, a título de comissões, de 4000000 escudos, para o caso de as comissões das vendas por ele efectivamente efectuadas no 1. ano do contrato de trabalho não atingirem esse montante, é evidente que o Autor tem direito a receber o valor proporcional ao tempo de trabalho que prestou sob autoridade e direcção da Ré, entre 01-09-1991 e 02-03-1992 - depois de descontada a verba de 1000000 escudos que, a esse título, já recebeu, relativamente ao primeiro trimestre do contrato. III - A expressão "após o decurso de seis...
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