Acórdão nº 0002614 de Court of Appeal of Lisbon (Portugal), 12 de Dezembro de 1996
Magistrado Responsável | CESAR TELES |
Data da Resolução | 12 de Dezembro de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART471 ART490 N5 ART646 N3 ART653 N2 ART655 N2 ART684 N3 ART690 N1 ART712 N1 A B C. DL 242/85 DE 1985/07/09 ART1. CPT81 ART70.
Sumário: I - Compete aos Autores a alegação e prova da prática de determinados horários de trabalho. Não tendo feito essa prova e constando do "Horário de Trabalho do Estabelecimento" da Ré, horários de trabalho não coincidentes com aqueles que os Autores diziam praticar, improcedem as pretensões destes quanto ao pagamento de retribuições diversas das pagas pela Ré, entidade patronal. II - Vigorando entre nós o "princípio da livre convicção do julgador", de acordo com o qual o Juiz julga conforme a sua livre convicção, formada sobre a livre apreciação das provas, de harmonia com a convicção racional a que haja chegado, salvo se a lei exigir - para a existência ou prova de...
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