Acórdão nº 285-06.9TTCLD.L1-4 de Court of Appeal of Lisbon (Portugal), 07 de Novembro de 2009
Magistrado Responsável | RAMALHO PINTO |
Data da Resolução | 07 de Novembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERADA A DECISÃO Sumário: I- A prática instituída pelo empregador de remunerar o trabalho de motorista de transportes internacionais de mercadorias mediante o pagamento, apenas, da remuneração base mensal e de determinada importância por cada quilómetro percorrido, traduzindo a substituição do sistema remuneratório convencional, só é válida se o empregador demonstrar que é mais favorável ao trabalhador; II- Caso contrário, verifica-se a sua nulidade, a declarar oficiosamente pelo Tribunal, dando lugar à reposição integral do regime convencional, bem como à restituição de tudo o que houver sido prestado, cabendo ao trabalhador o direito a receber todas as prestações previstas no CCT celebrado entre a ANTRAM e a FESTRU e não pagas e o dever de restituir as prestações auferidas no âmbito da alteração contratual, designadamente as importâncias que recebeu por cada quilómetro percorrido; III- Estabelecido pela entidade empregadora um regulamento interno, vinculativo porque tacitamente aceite pelo empregador, no sentido de no valor dos kms pagos estarem “incluídos a cláusula 74, o prémio TIR, as ajudas de custo, o subsídio de alimentação e os fins-de-semana e feriados”, deixam de se pôr as questões da validade do acordo...
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