Acórdão nº 9840100 de Court of Appeal of Porto (Portugal), 27 de Abril de 1998
| Magistrado Responsável | SOUSA PEIXOTO |
| Data da Resolução | 27 de Abril de 1998 |
| 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 ART20 C ART21 N1 C. DL 421/83 DE 1983/12/02 ART7 N4 NA REDACÇÃO DO DL 389/91 DE 1991/10/16.
Jurisprudência Nacional: AC RP DE 1988/06/20 IN CJ T3 ANOXIII PAG275. AC STJ DE 1986/10/15 IN AD N228 PAG1480.
Sumário: I - Salvo convenção expressa das partes em contrário, a natureza da retribuição pode ser unilateralmente alterada pelo empregador, desde que daí não resulte diminuição da retribuição global. II - Por isso, o empregador pode substituir o esquema de pagamento de comissões que vinha praticando e que consistia em determinada percentagem sobre o preço líquido dos veículos automóveis vendidos por um outro em que a comissão por cada unidade vendida passe a ser de montante, embora diferente, consoante o tipo e modelo de veículo. III - Tal alteração não constitui, só por si, justa causa para o trabalhador rescindir o contrato de trabalho, mesmo que, em abstracto, o novo sistema não ofereça as expectativas de ganhos que...
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