Acórdão nº 002121 de Supremo Tribunal de Justiça (Portugal), 29 de Maio de 1989
| Magistrado Responsável | MARIO AFONSO |
| Data da Resolução | 29 de Maio 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: PRT IN BTE N19 IS 1979/05/22. CCT IN BTE N34 IS DE 1980/09/15.
Jurisprudência Nacional: AC STJ PROC1638 DE 1987/07/03. AC STJ PROC1607 DE 1987/10/30. AC STJ DE 1985/11/26 IN BMJ N258 PAG268. AC STJ DE 1988/11/25 IN BMJ N368 PAG442.
Sumário : I - A atribuição da categoria profissional de um trabalhador apenas constitui função da natureza e especie das tarefas por ele desempenhadas no exercicio da sua actividade laboral. II - Tal atribuição baseia-se somente em dados objectivos, sendo irrelevante a qualificação feita pela entidade patronal. III - Em face das definições de fiel de armazem e de conferente, dadas pela Portaria Regulamentadora do Trabalho para o sector textil publicada no Boletim do Trabalho e Emprego, n. 19, 1 Serie, de 22 de Maio de 1979, do Contrato Colectivo de Trabalho para o sector textil publicado no Boletim do Trabalho e Emprego, n. 34, 1 Serie...
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