Acórdão nº 0076204 de Court of Appeal of Lisbon (Portugal), 03 de Junho de 1992
| Magistrado Responsável | MAMEDE DA CRUZ |
| Data da Resolução | 03 de Junho de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPT81 ART90 N5. LCT69 ART73 ART76. DL 874/76 DE 1976/12/28 ART31. DL 372-A/75 DE 1975/07/16 ART5 ART6 N1. DL 64-A/89 DE 1989/02/27 ART44.
Jurisprudência Nacional: AC RC DE 1987/06/16 IN BMJ N368 PAG617.
Sumário: I - Os documentos não constituem matéria de facto que se possa dar como provado ou não provado: são sim e apenas meios de prova dos factos alegados pelas partes. II - Não é legal a cláusula pela qual as partes (entidade patronal e trabalhador) venham a convencionar que o prazo de impedimento de trabalho por facto não imputável ao trabalhador, não conta para efeitos de antiguidade. É de se entender que os artigos 73 e 76 do Regime Jurídico do Contrato de Trabalho, não foram revogados pelo artigo 31 do Decreto-lei n. 874/76, de 28 de Dezembro. III - No contrato a prazo ou a termo certo, as partes...
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