Acórdão nº 0081194 de Court of Appeal of Lisbon (Portugal), 03 de Fevereiro de 1993
| Magistrado Responsável | DINIZ ROLDÃO |
| Data da Resolução | 03 de Fevereiro de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: L 2127 DE 1965/08/03 XXIII N1 N2 N3 XVI N1 B. CPC67 ART668 C. LCT69 ART82. D 360/71 DE 1971/08/21 ART49 ART50.
Sumário: I - São retribuição, nos termos da base XXIII da Lei n. 2127, de 03/08/65 as comissões e prémios de comissões, pagos em montantes variáveis e durante apenas alguns dos meses do ano, por serviços prestados no exercício da actividade de vendedor/comissionista, se o trabalhador que os recebe exerce cumulativamente para a mesma entidade patronal a actividade de auxiliar de publicidade, pela qual aufere um salário mensal certo e subsídio de refeição; II - Nesse caso, ocorrendo um acidente de trabalho, a remuneração a considerar nos cálculos indemnizatórios do sinistro desse trabalhador, tem de ser apurada por uma média tomada com base nos dias de trabalho e correspondentes retribuições por ele auferidas no período de um ano...
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