Acórdão nº 0081474 de Court of Appeal of Lisbon (Portugal), 18 de Fevereiro de 1993
Magistrado Responsável | ANDRADE BORGES |
Data da Resolução | 18 de Fevereiro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCCT89 ART13 N2 ART41 ART52 N3. CPC67 ART456. CPT81 ART58.
Jurisprudência Nacional: AC STJ DE 1982/06/18.
Sumário: I - A redução a escrito dos contratos de trabalho a termo é uma formalidade "ad substantian" ou "ad essentiam", mas apenas no tocante à cláusula de duração. Quanto ao mais, maxime, no que se refere a prémios, remuneração real ou efectiva, estamos perante uma exigência de forma "ad probationem". II - Tendo sido dado como provado que o Réu se obrigou a pagar ao Autor 3000000 escudos, a título de "luvas" ou pela assinatura do contrato, em duas prestações iguais, e tendo-lhe pago somente a 1. de tais prestações, é incontestável que se encontra devedor da 2. prestação, no valor de 1500000 escudos. III - Tendo ficado também acordado que o Réu pagaria ao Autor - treinador de futebol - a remuneração mensal de 500000 escudos, e ainda, férias remuneradas (30 dias) e subsídios de férias e de Natal de montante igual ao da remuneração mensal, deve o Réu entregar ao Autor as quantias que, a tal respeito, ainda lhe deve. IV - Nos contratos de...
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