Acórdão nº 0028674 de Supremo Tribunal Administrativo (Portugal), 03 de Julho de 1997 (caso None)
Magistrado Responsável | GUILHERME PIRES |
Data da Resolução | 03 de Julho 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: DL 122/94 DE 1994/08/12. CCIV66 ART236 N1 ART238. DL 262/91 DE 1991/05/14 ART4 N2. AE PORTUGAL TELECOM SA BTE 3/95 ANEXO V.
Sumário: I - O Autor, que era funcionário dos TLP, EP, celebrou com estes um acordo de pré-reforma, com efeitos a partir de 01-12-1991. II - O Autor tinha, então, a categoria profissional de técnico de apoio à gestão - TAG 4 - com o nível salarial F 8. E, no âmbito do processo de pré-reforma, as partes acordaram em que ao Autor seria atribuido, no dia imediatamente anterior à entrada em vigor desse acordo, o nível salarial L 6. III - No primeiro AE celebrado após a fusão de empresas que, ex vi, DL n. 122/94, deu origem à actual Portugal Telecom, SA, os trabalhadores TAG 4 foram integrados em TAB, com o nível salarial 08, correspondendo o anterior nível L 6 (dentro da linha TAG) ao actual TAG com nível salarial 11 (previsto no Anexo V do AE). IV - A cláusula 5 do acordo de pré-reforma dispõe: "Anualmente, após a revisão salarial dos trabalhadores no activo, será calculada a prestação actualizada da pré-reforma, a qual corresponderá a 80% do valor actualizado do vencimento mensal ilíquido que servir de base ao cálculo inicial". V - A declaração negocial vale com o sentido que um declaratário normal, colocado na posição do real declaratário, possa deduzir do comportamento do declarante, salvo se este não puder...
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