Acórdão nº 0005454 de Court of Appeal of Lisbon (Portugal), 23 de Abril de 1997
Data | 23 Abril 1997 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART1. CCIV66 ART1152. LCCT89 ART12 ART41 N2. DL 41/84 DE 1984/02/03 ART17 N2. DL 427/89 DE 1989/12/07 ART14 N3 ART18 N2 ART37 N2.
Sumário: I - Há contrato de trabalho (civil) quando o agente se obriga a prestar a sua actividade profissional a uma pessoa colectiva de direito público (v.g., o Estado - no caso, o Hospital de S. José), sob a autoridade e direcção dos respectivos órgãos, mas sem submissão ao estatuto legal da função pública. II - Após a publicação do DL n. 427/89, de 7 de Dezembro, foi subscrito, entre as partes, um novo contrato denominado a termo certo. Não constando, porém, deste segundo contrato o acordo dos trabalhadores para transformar o primeiro contrato (sem prazo) em contrato a termo e continuando os Autores ao serviço do Hospital, no desempenho das mesmas tarefas, de cujo exercício este necessitava - tendo sido contratados outros trabalhadores para ocuparem as vagas deixadas pelos Autores - este segundo contrato está ferido de invalidade, por violação da lei, uma vez que a sua existência não está justificada nas condições enunciadas no artigo 18 do DL n. 427/89. III - O contrato a termo certo deve obedecer aos requisitos enunciados no dito artigo 18, pois seria impensável que o legislador fosse admitir que, para resolver situações anteriores, "ditas...
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