Acórdão nº 001384 de Supremo Tribunal de Justiça (Portugal), 25 de Julho de 1986
Data | 25 Julho 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV.
Legislação Nacional: CPC39 ART668 N1 D ART690 N1 ART712. DL 49407 DE 1969/11/24 ART37. CCIV66 ART1029 ART1085. CNOT67 ART89. DL 372-A/75 DE 1975/07/16 ART8 N1 B ART12 N2 ART13.
Jurisprudência Nacional: AC STJ DE 1985/01/11 IN AD N281 PAG598. AC STJ DE 1982/12/02 IN BMJ N322 PAG315. AC STJ DE 1972/03/15 IN BMJ N215 PAG228. AC STA PROC8031 DE 1973/11/13.
Sumário : I - O artigo 37 da Lei do Contrato de Trabalho (Decreto-Lei n. 49408, de 24 de Novembro de 1969) consagra o principio da transmissão da posição activa e passiva dos contratos de trabalho para o adquirente, por qualquer titulo, dos estabelecimentos onde os trabalhadores exerçam a sua actividade, pelo que, em regra, a transmissão do estabelecimento não afecta a subsistencia dos contratos de trabalho nem o respectivo conteudo, tudo se passando em relação aos trabalhadores como se a transmissão não tivesse tido lugar. II - Não se...
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