Acórdão nº 002198 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1989
Magistrado Responsável | MARIO AFONSO |
Data da Resolução | 03 de Novembro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB / REG COL TRAB.
Legislação Nacional: LCT69 ART8. PE IN BMT N21 DE 1976/11/15 ART1. PE IN BTE N45 DE 1977/12/08. DL 164-A/76 DE 1976/02/28 ART20 N1 N2. CCT DO TRÁFEGO FLUVIAL IN BMT N44 DE 1975/11/29 CLÁUS35 N1 CLÁUS36 CLÁUS37 N1 N2 N3 CLÁUS67 N1 N2 CLÁUS68 N3 C CLÁUS71.
Sumário : I - Para a Administração poder emanar Portarias de Extensão (PE.s), necessário se torna a verificação dos seguintes pressupostos: 1 - Quanto ao n. 1 do artigo 20 do Decreto-Lei 164-A/76, de 28 de Fevereiro: a) identidade do sector económico das entidades patronais e de profissão, ou analogia desta, relativamente aos trabalhadores; b) coincidência do âmbito territorial das funções; 2 - Quanto ao n. 2 do citado artigo 20: a) identidade do sector económico e profissional; b) diversidade de âmbito territorial; c) inexistência de associação sindicais ou patronais; d) identidade ou semelhança económica e social. II - Numa empresa abrangida...
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