Acórdão nº 0005534 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1997 (caso None)
Magistrado Responsável | CESAR TELES |
Data da Resolução | 21 de Maio de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART684 N3 ART690 N1. LCCT89 ART1 ART4 ART12 N4 ART41 N1 A N2 ART44 N2 ART46. LCT69 ART8. DL 74/73 DE 1973/03/01 ART2. CCT TRÁFEGO FLUVIAL IN BTE N29 DE 1981/08/08.
Jurisprudência Nacional: AC STJ DE 1981/10/23 IN BMJ N310 PAG196. AC STJ DE 1991/02/14 IN AJ N15/16 PAG15. AC STJ DE 1991/05/29 IN AJ N19 PAG24. AC RL DE 1986/07/23 IN CJ ANO1986 T4 PAG197. AC RC DE 1988/05/17 IN CJ ANO1988 T3 PAG126. AC RC DE 1990/03/11 IN CJ ANO1990 T2 PAG94.
Sumário: I - Constituindo a actividade da Ré a exploração das embarcações de comércio de tráfego local, não é aplicável às relações de trabalho com o seu pessoal o DL n. 73/74, de 1 de Março, que aprovou o regime jurídico do contrato individual de trabalho do Pessoal da Marinha Mercante (com expressa exclusão do pessoal das embarcações de comércio local). II - Ao caso sub judice é de aplicar o que estiver regulado nos respectivos contratos individuais de trabalho e no CCT do Tráfego Fluvial, publicado no BTE n. 29, de 8 de Agosto de 1981 em tudo o que não contrarie a LCCT 89, considerada como regime supletivo. III - Nada se prevendo no contrato individual de trabalho do Autor, nem no aludido CCT, quanto ao caso dos autos, é aplicável ao mesmo o...
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