Acórdão nº 000467 de Supremo Tribunal de Justiça (Portugal), 11 de Novembro de 1983
Magistrado Responsável | DIAS DA FONSECA |
Data da Resolução | 11 de Novembro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 49408 DE 1969/11/24 ART20 A D G ART38 N1 ART73 N1 N2 ART75 N2 ART77 ART109.
Jurisprudência Nacional: AC STJ DE 1981/10/23 IN BMJ N310 PAG126. AC STJ DE 1982/05/28 IN BMJ N317 PAG128. AC STA DE 1970/12/02 IN AD N110 PAG257. AC STA DE 1976/06/08 IN AD N176-177 PAG1159.
Sumário : I - O prazo prescricional do n. 1 do artigo 38 do regime juridico do contrato individual de trabalho, aprovado pelo Decreto-Lei n. 49408, de 24 de Novembro de 1969, aplica-se a todos os despedimentos: licitos ou ilicitos, validos ou nulos, ou mesmo declarados juridicamente inexistentes. II - No dominio do referido regime juridico, no caso de suspensão da prestação do trabalho por periodo prolongado de doença com baixa do trabalhador, o regime geral do contrato de trabalho so e efectuado na parte...
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