Acórdão nº 9940420 de Court of Appeal of Porto (Portugal), 28 de Junho de 1999
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 28 de Junho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART31 ART87. DL 64-A/89 DE 1989/02/27 ART12 N11 N12. CCT ENTRE ANTRAM E FESTRU IN BTE 9/80 CLAUS74 N7 CLAUS39 CLAUS40 CLAUS41.
Jurisprudência Nacional: AC STJ DE 1996/12/11 IN CJSTJ T3 ANOIV PAG265.
Sumário: I - Os motoristas dos transportes internacionais têm direito ao acréscimo de retribuição previsto no n.7 da cláusula 74ª do Contrato Colectivo de Trabalho celebrado entre a Associação Nacional dos Transportes Públicos Rodoviários de Mercadorias ( ANTRAM ) e a Federação dos Sindicatos de Transporte Rodoviários e Urbanos ( FESTRU ). II - Aquele acréscimo não pode ser inferior à remuneração correspondente a duas horas de trabalho extraordinário por dia. III - No cômputo daquela retribuição deve atender-se aos dias de calendário e não aos dias de trabalho efectivo. IV - As ajudas de custo previstas em Nota ao Anexo II do Contrato Colectivo de Trabalho ( alteração de 1997 ) e vulgarmente designadas de " prémio TIR " não têm natureza...
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