Acórdão nº 9410627 de Court of Appeal of Porto (Portugal), 07 de Julho de 1997
Magistrado Responsável | CARLOS TRAVESSA. |
Data da Resolução | 07 de Julho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 64-A/89 DE 1989/02/27 ART35 N1 A.
Sumário: I - O trabalhador que em Setembro de 1992 não aceita a resolução do contrato de trabalho por acordo e continua a apresentar-se ao serviço até 21 de Dezembro de 1992, apenas marcando o ponto e ficando à disposição da entidade patronal, tem direito aos salários. II - Se, entretanto, não lhe sendo pagos os salários, o mesmo rescinde o contrato por carta de 2 de Dezembro de 1992, com base na Lei 17/86 ( Lei dos salários em atraso) e a entidade paga em 11 de Dezembro de 1992 os salários de Outubro e Novembro e informa-o de que, em Janeiro seguinte, lhe pagaria o mês de Dezembro, o subsídio de Natal, férias e seu subsídio, é irrelevante que, em 15 de Dezembro de 1992, e após o pagamento dos salários, o trabalhador comunique que fica sem efeito o pedido de rescisão do contrato. III -...
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