Acórdão nº 376-06.6TTSNT.L1-4 de Court of Appeal of Lisbon (Portugal), 10 de Dezembro de 2009
Magistrado Responsável | ISABEL TAPADINHAS |
Data da Resolução | 10 de Dezembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERADA A DECISÃO Sumário: I - Nos termos da alínea c) do art. 146.º nº 2 do Cód. Trab, um dos requisitos ad substantiam de validade do pacto de não concorrência é que seja atribuída ao trabalhador o que a lei designa por “uma compensação durante o período de limitação da sua actividade”.
II - A lei não impõe que essa compensação seja fixada, desde logo, no documento que insere a cláusula de não concorrência, devendo entender-se que a fixação do correspondente montante poderá ter lugar, ou por acordo ou por decisão judicial, depois de se ter operado a cessação do contrato; III - Todavia, na medida em que se trata de uma prestação que integra o objecto mediato do negócio, para que o mesmo seja válido é indispensável que seja determinável, conforme é exigido pelo art. 280.º do Cód. Civil.
IV - Não satisfaz esse requisito o facto de se ter estipulado que, como contrapartida da obrigação assumida pela trabalhadora de não exercer actividade em empresa concorrente da entidade patronal, nos dezoito meses subsequentes à cessação do contrato, esta lhe pagaria a quantia mensal de € 38,40 durante a vigência do contrato, na medida em que não se quantificou o...
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