Acórdão nº 0004504 de Supremo Tribunal Administrativo (Portugal), 15 de Janeiro de 1997 (caso None)
Magistrado Responsável | CUNHA E SILVA |
Data da Resolução | 15 de Janeiro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCCT89 ART12 N1 ART13 N1 A N2 A N3 ART41 N1 B.
Jurisprudência Nacional: AC RL DE 1992/05/27 IN CJ ANO1992 T3 PAG263. AC RL DE 1993/02/03 IN CJ ANO1993 T1 PAG184.
Sumário: I - Enquanto no contrato de trabalho um dos contraentes se obriga a prestar ao outro o seu trabalho, sendo a actividade prestada sob a autoriade e direcção da pessoa a quem a mesma aproveita, no contrato de prestação de serviços tem-se por objectivo o resultado do trabalho, e não o trabalho em si - não ficando o obrigado sujeito à autoridade e direcção do outro contraente. II - Exercendo o Autor funções de Professor, leccionando diversas disciplinas curriculares do ensino secundário, desde 1-9-1991 até 31-8-1994, no estabelecimento de ensino da Ré, em Angola, usando instrumentos de trabalho pertencentes à Ré, em conformidade com horários pré-estabelecidos, recebendo mensalmente a sua remuneração, na qual eram feitas deduções para a Caixa Geral de Aposentações, para o IRS e para o Montepio dos Servidores do Estado, é de concluir que a natureza da actividade desenvolvida pelo Autor é típica do contrato de trabalho subordinado, na medida em que...
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