Acórdão nº 0002754 de Court of Appeal of Lisbon (Portugal), 04 de Junho de 1997
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 04 de Junho de 1997 |
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: CCIV66 ART358 N1 ART777 N1. DL 25/93 DE 1993/02/05 ART3 D ART9 N1 N2 N3 A N4. LCCT89 ART13 N3. CCT 44/78 DE 1978/11/29 IN BTE CLAUS6 CLAUS13.
Sumário: I - Por motivo da abolição das fronteiras fiscais e dos controlos aduaneiros relativamente às trocas comunitárias em 1 de Janeiro de 1993, previu-se uma redução da actividade dos Despachantes oficiais, com as inerentes consequências para as empresas e para os trabalhadores ao seu serviço - o que levou o Governo a publicar um conjunto de medidas no sentido de eliminar as restrições incidentes sobre tais empresas, por forma a facilitar a reconversão das mesmas e a diversificação da sua actividade, reduzindo o impacto negativo no volume de emprego. II - Um desses diplomas foi o DL n. 25/93, de 5 de Fevereiro, que veio estabelecer medidas especiais de apoio aos Despachantes Oficiais, aos ajudantes e praticantes de despachante e aos trabalhadores administrativos ao seu serviço, a partir de 1-1-1993 - - que tenham iniciado a actividade profissional antes de 1-1-1987 e estejam no serviço activo à data de 1-12-1992. III - Entre essas medidas especiais conta-se, entre outras, a compensação por cessação de contrato de trabalho, cujo pagamento pode ser comparticipado pelo Orçamento do Estado, maxime, pela Segurança Social, nos termos previstos no artigo 9, ns. 1 e 2, do DL n. 25/93, aos trabalhadores cujos contratos de trabalho cessem por mútuo acordo...
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