Acórdão nº 9740559 de Court of Appeal of Porto (Portugal), 30 de Junho de 1997
| Magistrado Responsável | PINTO DOS SANTOS |
| Data da Resolução | 30 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR PROC TRAB - DIR PROC PENAL LAB. DIR CIV.
Legislação Nacional: CCIV66 ART362. CCT CLAUS17 IN BTE IS N8 DE 1993/02/28.
Sumário: I - Se por disposição clausulada em instrumento de regulamentação colectiva de trabalho, uma empresa de serviços de limpeza, através de contrato de adjudicação passe a prestar os serviços em estabelecimento onde anteriormente outra congénere o fazia, terá de considerar como seus os trabalhadores que aí prestavam a sua actividade profissional, e se não os aceita comete contravenção punível. II - Tal conclusão pode retirar-se de acordo feito em acção proposta pelos trabalhadores na qual a ré aceita considerá-los seus trabalhadores desde a data em que firmou o contrato, já que o seu conteúdo é de apreciação...
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