Acórdão nº 0063714 de Court of Appeal of Lisbon (Portugal), 27 de Junho de 1990
| Magistrado Responsável | RODRIGUES DA SILVA |
| Data da Resolução | 27 de Junho de 1990 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: D 45266 DE 1963/09/23 ART50 N1 N2 ART78 ART81 ART84. DL 398/83 DE 1983/11/02 ART3. DL 874/76 DE 1976/12/28 ART26 N2 C. PRT/CCT INDÚSTRIA DE CERÂMICA CLAUS45. LCT69 ART73 ART100. LCCT89 ART4 C. DL 372-A/75 DE 1975/07/16 ART8 N1 C.
Sumário: I - Encontrando-se a Autora na situação de "baixa por doença", com início em 12-4-1987, por mais de 1095 dias consecutivos - sem que lhe tivesse sido concedida pela Caixa de Previdência, nem requerida pela trabalhadora, a "reforma por invalidez" - vindo a mesma a ter "alta médica" em 28-1-1988 - é de considerar o contrato de trabalho, que existiu entre a Autora e a Ré, extinto por caducidade, logo que se concretize aquele período de baixa consecutiva. II - A circunstância de, posteriormente (como veio a suceder em 28-1-1988), essa incapacidade vir a desaparecer, não obsta à extinção do contrato, já referida. Pode, eventualmente, conduzir à revisão da situação...
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