Acórdão nº 0005634 de Supremo Tribunal Administrativo (Portugal), 02 de Outubro de 1996 (caso None)
Magistrado Responsável | GARCIA REIS |
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: LCCT89 ART3 ART4 B ART6 N1 N3. DL 398/83 DE 1983/11/02 ART2 N1 ART3 N1.
Sumário: I - Tendo a Autora estado na situação de "baixa", desde 09-02-1993 até 05-05-1993, nesta última data se apresentou ao Réu para trabalhar, tendo-lhe sido dito que o Réu encerrara o seu estabelecimento, o que configuraria impossibilidade absoluta e definitiva de aquela prestar o seu trabalho e de o Réu receber esse mesmo trabalho. II - Quando o Réu encerrou o estabelecimento, o contrato de trabalho da Autora não cessou; antes estava suspenso, ex vi DL n. 398/83, de 2 de Novembro, mantendo a trabalhadora os seus direitos, deveres e garantias, inclusive o direito a manter o seu posto de trabalho. III - Os restantes trabalhadores do Réu foram indemnizados por este, através da celebração de acordos, sendo certo que...
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