Acórdão nº 0005364 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1997 (caso None)
Data | 21 Maio 1997 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC TRAB - DIR PROC PENAL LAB.
Legislação Nacional: CONST89 ART53. LCT69 ART37 N1 N4. LCCT89 ART3 N1 ART12 N1 A ART13 N1 B N3 ART41 N1 E. CPP87 ART39 ART400 ART401 N1 A.
Sumário: I - A Inspecção-Geral do Trabalho acusou a Arguida, Congimex - Companhia Geral de Comércio, Importadora e Exportadora, SA, sucessora da sociedade Transcomércio - Companhia de Comércio Internacional, SA, de quem tomou (por aluguer ou trespasse) as instalações de seca de bacalhau, sitas na Quinta da Fidalga, no lugar de Palhais, no Barreiro, em 1-6-1994, de ter celebrado com cerca de 40 trabalhadores - entre os quais, Alice de Jesus Martins Rodrigues - contratos de trabalho a termo certo, por um ano, com os quais aquela sociedade transmitente havia celebrado, anteriormente, contratos de trabalho a termo incerto, entre os quais o da citada trabalhadora Alice de Jesus, que fora estabelecido em 1-9-1992, a qual, desde tal data se encontrava ininterruptamente ao seu serviço, assim tendo violado o disposto nos ns. 1 e 2 do artigo 41 da LCCT 89 e incorrido na multa de 15000 escudos a 60000 escudos, por força do n. 1, al. b), do artigo 60 do mesmo diploma. II - Mais acusou, a Inspecção-Geral do Trabalho, a Arguida de ter despedido ilicitamente a trabalhadora Alice de Jesus Martins Rodrigues - que já era trabalhadora efectiva - no termo do contrato de trabalho a termo certo, celebrado em 1-6-1994, por um ano, pelo que a Ré deveria ser condenada a pagar a esta a correspondente indemnização de antiguidade (pedido cível). III - Tendo a sentença da 1. instância condenado a Arguida, unicamente, na multa de 40000 escudos, absolvendo-a, porém, quanto ao pedido cível, o recurso interposto pela Ré é restrito à matéria...
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