Acórdão nº 0004274 de Supremo Tribunal Administrativo (Portugal), 18 de Junho de 1997 (caso None)
| Magistrado Responsável | CARLOS HORTA |
| Data da Resolução | 18 de Junho de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: BERNARDO XAVIER - CURSO DE DIREITO DO TRABALHO 1992 PAG324.
Área Temática: DIR TRAB.
Legislação Nacional: LCT69 ART22 N1 N2.
Jurisprudência Nacional: AC STJ DE 1993/01/13 IN AD N378 PAG699. AC STJ DE 1992/03/05 IN AD N375 PAG354. AC STJ DE 1991/06/20 IN AD N368 PAG1019. AC STJ DE 1991/04/17 IN AJ N18 PAG25. AC STJ DE 1991/05/15 IN BMJ N407 PAG283. AC RL DE 1982/10/11 IN CJ T4 PAG180.
Sumário: I - São as funções efectivamente desempenhadas que devem caracterizar a classificação profissional do trabalhador e não, propriamente, a designação profissional atribuída pela entidade patronal. II - Incumbirá ao trabalhador o ónus da prova de que as funções que efectivamente exercia, no dia-a-dia, lhe dão...
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