Acórdão nº 0040394 de Court of Appeal of Lisbon (Portugal), 01 de Outubro de 1997
Data | 01 Outubro 1997 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART12 ART31 N1. DL 519-C1/79 DE 1979/12/29 ART7 ART8 ART9 ART14 N1. LCCT89 ART9 ART10 N11 ART59 N1 N2. CCT INDÚSTRIA HOTELEIRA IN BTE 9/79 CLAUS33.
Jurisprudência Nacional: AC STJ DE 1991/05/15 IN AD N367 PAG917. AC STJ DE 1991/11/19 IN AD N370 PAG1146. AC STJ DE 1992/05/05 IN AD N376 PAG461. AC STJ DE 1995/05/10 IN AD N408 PAG1412.
Sumário: I - As convenções colectivas de trabalho envolvem um acto criador de normas jurídicas, já que fixam as condições que se impõem aos contratos individuais de trabalho e funcionam assim como fonte de Direito do Trabalho (artigo 12 da LCT 69 e artigo 14, n. 1, da LRCT). II - Os contratos colectivos de trabalho aplicam-se às relações laborais nos termos dos artigos 7, 8 e 9 da LRCT, independentemente do conhecimento ou não conhecimento da inscrição sindical dos trabalhadores, por parte do empregador, a quem cabe obter essa informação junto deles ou junto dos Sindicatos subscritores das convenções colectivas. III - Embora o n. 1 do artigo 59 da LCCT 89 permita aos CCT's regular os...
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