Acórdão nº 9410950 de Court of Appeal of Porto (Portugal), 08 de Julho de 1996
| Magistrado Responsável | RAMOS DA FONSECA |
| Data da Resolução | 08 de Julho de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART38. DL 398/83 DE 1983/02/11 ART2 ART3 N3. DL 64-A/89 DE 1989/02/27 ART12 ART13.
Jurisprudência Nacional: AC STJ DE 1993/05/05 IN CJSTJ T2 ANOI PAG234. AC STJ DE 1995/01/25 IN CJSTJ T1 ANOII PAG254. AC RC DE 1992/12/02 IN CJ T5 ANOXVII PAG108.
Sumário: I - Tendo uma trabalhadora sido reformada por invalidez por se lhe ter reconhecido incapacidade absoluta para o seu trabalho habitual, mas ficando com 50% de capacidade residual, e continuando com baixa médica, não se pode falar em extinção do contrato de trabalho devido à reforma e apenas em suspensão do contrato decorrido que seja um mês de baixa. II - Deste modo, a...
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