Acórdão nº 0092324 de Court of Appeal of Lisbon (Portugal), 29 de Junho de 1994
Data | 29 Junho 1994 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART21 N1 ART24 ART82. CCT ESTABELECIMENTOS DE ENSINO PARTICULAR IN BTE 37/90 ART46 N1 N2 ART48. PE IN BTE 3/91. DL 215-B/75 DE 1975/04/30. CCIV66 ART342 N1 ART496 N3.
Jurisprudência Nacional: AC STJ DE 1982/11/05 IN BMJ N321 PAG322. AC STJ DE 1985/10/25 IN AD291 PAG361. AC RL DE 1986/12/17 IN CJ ANOXI T5 PAG193. AC RL DE 1987/03/18 IN CJ ANOXII T2 PAG196. AC RE DE 1987/05/14 IN CJ ANOXII T3 PAG267. AC RC DE 1984/03/15 IN CJ ANOIX T2 PAG90. AC RC DE 1988/03/22 IN BMJN375 PAG462. AC RC DE 1988/05/17 IN CJ ANO XIII T3 PAG126. AC RP DE1987/03/02 IN CJ ANOXII T2 PAG270. AC STJ DE 1993/09/22 IN CJSTJ T3 PAG269.
Sumário: I - Quer a Jurisprudência, quer a Doutrina têm vindo a entender que o subsídio de alimentação, sendo pago regularmente, integra o conceito de retribuição constante do artigo 82 da LCT69. Porém, estando ligada, essa componente salarial à prestação de facto do trabalho, só será devida quando o trabalhador presta serviço efectivo à entidade patronal. Fazendo-se o seu pagamento durante onze meses por ano, o seu montante não tem de ser considerado na retribuição de férias, nem nos subsídios de férias e de Natal. II - Visto o local de trabalho ser local de trabalho efectivo, correspondente ao preciso sítio onde o trabalhador, por força do contrato e da...
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