Acórdão nº 002573 de Supremo Tribunal de Justiça (Portugal), 20 de Fevereiro de 1991
Magistrado Responsável | PRAZERES PAIS |
Data da Resolução | 20 de Fevereiro de 1991 |
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 ART4 C E ART9 ART11 N4 ART12 ART24 ART25 N1 N2 ART26 ART27. LCT69 ART21 N1 N2 ART33 ART34 N2 N3 ART38 N1 ART106 N3. CPC67 ART722 N2.
Jurisprudência Nacional: AC STJ DE 1977/10/20 IN BMJ N270 PAG 229. AC STJ DE 1982/01/24 IN AD N240 PAG 862. AC STJ DE 1984/05/03 IN AD N274 PAG 1481. AC STJ DE 1984/06/22 IN BMJ N338 PAG298. AC STJ PROC1693 DE 1987/06/19. AC STJ DE 1987/10/14 IN AD N313 PAG 138. AC RL DE 1983/10/23 IN CT TIV PAG203.
Sumário : I - Exigindo a lei, no artigo 11 n. 4 do Decreto-Lei n. 372-A/75 de 16 de Julho, como forma de garantir o trabalhador no emprego e de o proteger de duvidas que possam surgir, forma escrita para o despedimento e fundamentação da respectiva decisão, não e de admitir a figura do despedimento tacito. II - O referido não exclui situações que correspondam a despedimento de facto...
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