Acórdão nº 0074724 de Court of Appeal of Lisbon (Portugal), 12 de Fevereiro de 1992
| Magistrado Responsável | ALVARO VASCO |
| Data da Resolução | 12 de Fevereiro de 1992 |
| Emissor | 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. DL 409/71 DE 1971/09/27 ART15. DL 421/83 DE 1983/12/07 ART2 N2 A ART6 N1. CONST82 ART59.
Referências Internacionais: DECUDH ART24.
Sumário: I - Ao Autor cabe o ónus da prova dos factos constitutivos do seu direito, nos termos do artigo 342 do Código Cívil. II - A prestação de trabalho suplementar tem de ser prévia e expressamente determinada pela entidade patronal (artigo 6 do Decreto-Lei 421/83). III - Se o Autor - trabalhador que goza da isenção de horário de trabalho, apenas logra provar algumas dezenas de deslocações ao estrangeiro com durações variáveis, desde períodos de 24 horas até mais de 2 semanas, para encetar e continuar negócios e, quando em Portugal, era "o primeiro a entrar ao serviço...
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