Acórdão nº 002014 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1989
Magistrado Responsável | MARIO AFONSO |
Data da Resolução | 13 de Janeiro de 1989 |
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 372-A/75 DE 1975/07/16 ART10 N2 A. LCT69 ART1 ART13 N1 ART20 N1 C ART21 N1 ART82 N1 N2. CCT IN BTE N7 DE 1982/02/22 CLAUS88. CCT IN BTE N39 DE 1982/10/20 CLAUS88 N1.
Sumário : I - Constitui causa de justificação do facto a desobediencia a ordens e instruções contrarias aos direitos e garantias do trabalhador. II - O contrato de trabalho estabelece um vinculo sinalagmatico entre a entidade patronal e o trabalhador, cuja expressão, para aquela se traduz, fundamentalmente, na obrigação de retribuição do segundo. III - Qualquer prestação para se reclamar de retribuição havera de ter o cunho de contrapartida regular e periodica do trabalho do trabalhador, e não de mera liberalidade do empregador. IV - A atribuição de um veiculo da empresa cuja utilização foi estabelecida no contrato de trabalho, quer para efeitos profissionais, quer pessoais, tipiciza-se como retribuição. V - Tal qualificação não viola o disposto na...
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