Acórdão nº 0074584 de Court of Appeal of Lisbon (Portugal), 12 de Fevereiro de 1992
Data | 12 Fevereiro 1992 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART342 N1 N2. DL 409/71 DE 1971/09/27 ART29 ART30. DL 519-C1/79 DE 1979/12/29 ART5 ART6 ART7 ART8. DL 421/83 DE 1983/12/02. PE DE 1987/05/19 IN BTE N20 1987/05/29 ART1 ART2. L 2/91 DE 1991/01/17. CCT DE 1986/01/22 IN BTE N3 CLAUS2 CLAUS36 CLAUS40 CLAUS44 N2 CLAUS68 A CLAUS72 N6 A ANEXO1 N6. CCT DE 1988 IN BTE N10. CCT DE 1989 IN BTE N13. CCT DE 1990 IN BTE N19. PE DE 1988 IN BTE N47. PE DE 1989 IN BTE N41.
Sumário: I - É uma conclusão e, consequentemente, matéria de direito, a expressão "a relação de trabalho estava abrangida pelo Contrato Colectivo de Trabalho de Seguros - BTE n. 3, de 1986/01/22" tem de se ter como não escrita, enquanto facto provado. II - A aplicação dos instrumentos de regulamentação colectiva de trabalho, face ao disposto nos artigos 7 e 8 do Decreto-Lei 519-C1/79, de 23/12, decorre, em princípio, da filiação dos trabalhadores nos sindicatos e das entidades patronais nas suas associações uns e outros signatários desses documentos. III - Ao Autor compete o ónus de alegar os factos necessários que permitam extrair a conclusão de que ao seu contrato de trabalho com a Ré é aplicável directamente um CCT, por tratar-se de facto constitutivo de direitos invocados (artigo 342, n. 1, do Código Civil). IV - Se Autor e Ré acordaram na audiência de discussão e julgamento em que a contratação colectiva de trabalho para a actividade dos seguros era aplicável à relação laboral entre ambos e, em sede de recurso, apenas se põe em causa a existência de direitos resultantes da aplicação dessa contratação ao...
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