Acórdão nº 0075314 de Court of Appeal of Lisbon (Portugal), 18 de Março de 1992
Data | 18 Março 1992 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR TRAB.
Legislação Nacional: DL 49408 DE 1969/11/24 ART38 N1. L 38/87 DE 1987/12/23 ART64. CCIV66 ART1152 ART1154.
Sumário: I - Sendo a subordinação jurídica o elemento diferenciador entre contrato de trabalho e contrato de prestação de serviço, aquele elemento comporta graus, por vezes, de difícil determinação, não só porque, em geral, a autoridade e direcção do empregador se apresentam como meros elementos potenciais, como também, certas actividades exercidas com subordinação jurídica exige uma completa autonomia técnica; II - Daí que para se concluir pela subordinação jurídica se analisem outros indícios que a revelem como a vinculação a um horário de trabalho, a excução da prestação em local de serviço definido pelo empregador, a existência de controlo externo do modo da prestação, a...
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