Acórdão nº 0096804 de Court of Appeal of Lisbon (Portugal), 24 de Abril de 1996
Magistrado Responsável | VENTURA DE CARVALHO |
Data da Resolução | 24 de Abril de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 427/89 DE 1989/12/07 ART14 N3 ART18 N2 ART37 N2. DL 41/84 DE 1984/02/03 ART17 N2. LCT69 ART1. CCIV66 ART1152. LCCT89 ART12 ART41 N1 N2.
Sumário: I - Os Autores foram admitidos ao serviço do Réu, Hospital de S. José, em datas diferentes, todos no ano de 1987, tendo sempre desempenhado as mesmas tarefas que a cada um foram determinadas, e tais funções eram tarefas normais do Hospital, de execução continuada e de necessidade permanente para o funcionamento dos respectivos serviços e eram exercidas sem autonomia profissional, com sujeição à disciplina, orientação, direcção e sob a hierarquia instituida nos serviços do Réu, onde estiveram integrados. II - Como os Autores prestavam a sua actividade a uma pessoa colectiva de direito público, nas condições já expostas, mas sem submissão ao estuto legal da função pública, como consta do clausulado nos respectivos contratos, tais contratos preenchem os requisitos do contrato de trabalho civil, pelo que não são contratos de tarefa, mas verdadeiros contratos de trabalho, sem prazo. III - Após a publicação do DL n. 427/89, foi por ambas as partes celebrado um novo contrato, denominado a termo certo. A transformação de contrato sem prazo em contrato a termo certo exige um acordo de vontades, livremente aceite por banda do trabalhador, no sentido de aceitar as condições do...
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