Acórdão nº 9910663 de Court of Appeal of Porto (Portugal), 11 de Outubro de 1999
| Magistrado Responsável | CIPRIANO SILVA |
| Data da Resolução | 11 de Outubro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 421/83 DE 1983/12/02 ART4 ART5 N1 B.
Sumário: I - Embora a prestação de trabalho suplementar possa ser unilateralmente imposta pela entidade patronal, esta, contudo, não detém um poder discricionário, por isso que, esse poder só pode ser exercido nos casos previstos taxativamente na lei e dentro dos limites nela referidos. II - Deste modo, o trabalho suplementar pode ser prestado quando as empresas tenham de fazer face a acréscimos eventuais de trabalho que não justifiquem a admissão de trabalhador com carácter permanente ou em regime de contrato a prazo e ainda em casos de força maior ou quando se torne indispensável para prevenir ou reparar prejuízos graves para a empresa ou para assegurar a sua...
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