Acórdão nº 0006724 de Supremo Tribunal Administrativo (Portugal), 16 de Abril de 1997 (caso None)
Magistrado Responsável | GUILHERME PIRES |
Data da Resolução | 16 de Abril de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - DIR PENAL LAB / REG COL TRAB.
Legislação Nacional: CPT81 ART181. DL 519-C1/79 DE 1979/12/29 ART7 N1 ART11 ART14 N2. AE 1980/11/28 IN BTE 3/81 DE 1981/01/22. AE 1993. AE 1995.
Jurisprudência Nacional: AC STJ DE 1992/04/02 IN BMJ N416 PAG485. AC STJ DE 1993/01/20 IN CJSTJ ANO1993 TI PAG238. AC RP DE 1993/04/26 IN CJ ANO1993 TII PAG254.
Sumário: I - As convenções colectivas de trabalho obrigam as entidades patronais que as subscrevem e as inscritas nas associações patronais signatárias, bem como os trabalhadores ao seu serviço, quer sejam membros das associações sindicais celebrantes, quer das associações sindicais representadas pelas associações sindicais celebrantes. II - Consagra-se, asssim, o princípio da filiação, nos termos do qual as cláusulas normativas dos IRCTs somente se aplicam às relações de trabalho existentes entre trabalhadores e patrões inscritos nas associações outorgantes. III - O âmbito pessoal de aplicação dos IRCTs afere-se pela dupla e simultânea conexão com os seus destinatários - trabalhadores e patrões, individualmente considerados - aplicando-se apenas aos trabalhadores filiados em associação sindical que, directa ou indirectamente, tenha outorgado na contratação colectiva e que prestam trabalho a uma entidade patronal que, individual ou colectivamente, também haja intervindo na mesma contratação. IV - Nao há concorrência de instrumentos de regulamentação se, numa empresa, vigorar...
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