Acórdão nº 9150893 de Court of Appeal of Porto (Portugal), 11 de Maio de 1992
Magistrado Responsável | JOÃO GONÇALVES |
Data da Resolução | 11 de Maio de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: NEGADO PROVIMENTO. REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB.
Legislação Nacional: DL 282-A/84 DE 1984/08/20 ART3 ART7 ART8 ART12. DL 116/90 DE 1990/04/05 ART24. DL 421/83 DE 1983/12/02 ART6. CONST ART58 ART59. CCIV66 ART483.
Sumário: I - Os trabalhadores portuários do contingente comum do Porto do Douro e Leixões inscritos no Centro Coordenador do Trabalho Portuário do Douro e Leixões ( C.C.T.P.D.L. ) com a categoria de encarregados gerais e chefes de conferentes actuam sob a gestão directa daquele Centro que os distribui pelos operadores portuários que os requisitem e que procede ao pagamento pontual das retribuições. II - Vinculados estão esses trabalhadores ao dito Centro por um contrato de trabalho por os requesitos deste - prestação de uma actividade, subordinação económica e subordinação jurídica - se mostrarem verificados. III - A não prestação directa de trabalho ao Centro não afasta o contrato de trabalho por o mesmo Centro distribuir, ceder aos operadores portuários a força de trabalho que os trabalhadores previamente puserem à sua disposição. IV - Tendo pelo Decreto-Lei nº 116/90, de 5 de Abril sido transmitido para a Administração do Porto do Douro e Leixões ( A.P.D.L. ) todo o passivo do Centro Coordenador do Trabalho Portuário do Douro e Leixões ( C.C.T.P.D.L. ), aquela torna-se responsável pelas...
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