Acórdão nº 9940520 de Court of Appeal of Porto (Portugal), 07 de Junho de 1999
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 07 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 ART82 ART92. DL 64-A/89 DE 1989/02/27 ART34 ART36 ART38. CCIV66 ART344 ART351 ART774 ART804 ART805.
Sumário: I - Durante o prazo de aviso prévio dado pelo trabalhador, o contrato de trabalho mantém-se integralmente, com todos os direitos e obrigações que dele resultam para as partes. II - No decurso do aviso prévio, o trabalhador pode rescindir o contrato com efeitos imediatos, se tiver justa causa para tal. III - Nos termos do n.3 do artigo 82 do Regime Jurídico do Contrato Individual de Trabalho, presume-se, até prova em contrário, que toda e qualquer prestação feita pela entidade patronal faz parte da retribuição. IV - Por isso, salvo prova em contrário, que ao empregador cabe fazer, o transporte gratuitamente fornecido pela empresa, de e para o local de trabalho, deve ser considerado parte integrante da retribuição. V - A retirada do transporte não constitui justa causa de rescisão do...
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