Despacho normativo n.º 38/87, de 10 de Abril de 1987
Despacho Normativo n.º 38/87 Têm sido levantadas com frequência dúvidas quanto ao enquadramento pela Segurança Social de beneficiários cuja situação laboral não figura de forma iniludível a situação típica do contrato de trabalho ou do contrato de prestação de serviços.
Com efeito, situações existem, como as de vendedores de livros, que ganham à comissão, e as de trabalhadores eventuais, nomeadamente os da actividade turística e de algumas outras, que têm suscitado dúvidas quanto ao enquadramento no regime geral de segurança social dos trabalhadores por conta de outrem, sob a alegação de que na sua base não se encontraria um contrato de trabalho subordinado.
Com esta argumentação vem-se verificando, inclusivamente, a não inscrição, por parte de algumas entidades patronais, dos trabalhadores nestas condições.
No entanto, estas relações laborais, surgidas, na maior parte, em resultado da actual conjuntura económica, muito embora apresentem algumas especificidades, têm, na sua essência, características que apontam inequivocamente para uma real subordinação do trabalhador à respectiva entidade patronal e, como tal, devem determinar o seu enquadramento no regime de segurança social dos...
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