Acórdão nº 001771 de Supremo Tribunal de Justiça (Portugal), 29 de Janeiro de 1988
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 29 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS CPC ANOTADO VV PAG472.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV.
Legislação Nacional: PRT PARA OS TRABALHADORES DOS CONSULTORIOS MEDICOS IN BTE N45 PAG77 ANEXOI. DL 372-A/75 DE 1975/07/16 ART10 N2 ART11 N10 N2 I. PRT PARA OS TRABALHADORES DOS CONSULTORIOS MEDICOS IN BTE N22 PAG74. CPC67 ART268 ART489 ART515 ART664 ART682 ART712 N1 A B C. CCT IN BTE N10 DE 1980/03/15 CLAUS30.
Jurisprudência Nacional: AC STJ IN BMJ N177 PAG201. AC STJ PROC1134 DE 1985/11/22. AC STJ PROC1139 DE 1986/11/14. AC STJ PROC708 DE 1984/06/29.
Sumário : I - E a entidade patronal que cabe a atribuição da categoria profissional de um trabalhador. Porem, não pode faze-lo arbitrariamente tendo de atender as tarefas que, predominantemente, ele executa ao seu serviço, não sendo necessario que ele tenha a seu cargo todas aquelas que se incluem na respectiva qualificação normativa, que constitui mera enumeração exemplificativa, bastando que, efectivamente, ele execute o nucleo fundamental da exercida. II - E indiferente que a intenção de proceder-se ao despedimento do arguido seja comunicada na nota de culpa ou na carta que a envia. III - A nota de culpa e a peça fundamental do processo disciplinar e a sua elaboração defeituosa pode importar a...
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