Acórdão nº 0007822 de Court of Appeal of Porto (Portugal), 16 de Janeiro de 1989
| Magistrado Responsável | JOSE CORREIA |
| Data da Resolução | 16 de Janeiro de 1989 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 409/71 DE 1971/09/27 ART11. LCT69 ART20 N1 C N2 ART39. DN DE 1977/07/30 IN BTE N29/77 DE 1977/08/08. CCIV66 ART799 N1. DL 371-A/75 DE 1975/07/16 ART10 N2.
Sumário: I - Sempre que, de forma inequívoca, se demonstre que foi só devido a certo horário que o trabalhador firmou contrato de trabalho com uma empresa, tal horário só com o acordo do trabalhador pode ser alterado. II - E o mesmo acontece, sempre que o instrumento de regulamentação colectiva de trabalho aplicável contiver cláusula que verse sobre a necessidade de acordo do trabalhador para alteração do horário de trabalho. III - Fora destes limites, e afastados os casos de abuso de direito, o direito da entidade patronal...
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