Acórdão nº 0071594 de Court of Appeal of Lisbon (Portugal), 09 de Outubro de 1991
Magistrado Responsável | ABILIO BRANDÃO |
Data da Resolução | 09 de Outubro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART1152 ART1154. LCT69 ART1. CPC67 ART712. DL 372-A/75 DE 1975/07/16 ART12 N3.
Sumário: I - A distinção entre o contrato de trabalho e o contrato de prestação de serviços assenta em dois pilares: quanto ao primeiro, no contrato de trabalho, o trabalhador presta a sua actividade, independentemente do seu resultado, enquanto o contrato de prestação de serviços tem por objecto o mero resultado do trabalho e não o trabalho em si; quanto ao segundo, no contrato de trabalho existe subordinação jurídica do trabalhador perante a entidade patronal, que lhe pode dar ordens e dirigir e fiscalizar a sua actividade, ao passo que no contrato de prestação de serviços, o trabalhador age com autonomia, no exercício da sua actividade. II - É de trabalho o contrato que ligava a Autora à Ré, uma vez que aquela estava obrigada a praticar um horário de trabalho de quatro horas diárias, de 2 a 6 feira, sendo a sua entrada e saída do local de trabalho controlada pela Ré, através de um relógio de ponto. Para além disso, a trabalhadora exercia a sua actividade nas instalações da Ré, utilizando os instrumentos a esta pertencentes, enquadrada na...
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