Acórdão nº 0004424 de Court of Appeal of Lisbon (Portugal), 06 de Dezembro de 1995
| Magistrado Responsável | CUNHA E SILVA |
| Data da Resolução | 06 de Dezembro de 1995 |
| 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: L 17/86 DE 1986/06/14 ART1 ART2 ART3 N1. DL 7-A/86 DE 1986/01/14. DL 372-A/75 DE 1975/07/16 ART25 N1 A. LCCT89 ART35 N1 A. CCIV66 ART799.
Jurisprudência Nacional: AC STJ DE 1989(05/24 IN CJ T2 PAG176. AC RL DE 1993/10/06 IN CJ T4 PAG185.
Sumário: I - Tendo-se o trabalhador despedido, nos termos e de acordo com os formalismos expressos nos artigos 3 e 6 da Lei n. 17/86, de 14 de Junho (Lei dos Salários em Atraso), com a redacção dada pelo DL n. 402/91, de 16 de Outubro, a indemnização por despedimento com justa causa especial, ex vi artigo 6, alínea a) daquela Lei, a que tem direito - atenta a finalidade com que foi concebida esta Lei (fazer face a casos gritantes de dificuldade de subsistência dos trabalhadores) - não se compadece com a verificação de culpa ou não culpa da entidade empregadora, quanto ao não pagamento pontual da retribuição. II - A Lei n...
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