Acórdão nº 0005824 de Supremo Tribunal Administrativo (Portugal), 13 de Novembro de 1996 (caso None)
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 13 de Novembro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCCT89 ART3 N2 A B C E F ART4 B ART5 ART6 N2. DL 261/95 DE 1995/07/25 ART3 ART4 ART5 N1 ART11 N1 C N2. CCT SEGUROS BTE N20/91 CLAUS57 N1 A B C N2.
Sumário: I - O estabelecimento da situação de pré-reforma não faz extinguir o vínculo laboral entre o trabalhador e a entidade empregadora: apenas se verifica uma modificação, que pode suspender ou reduzir a prestação de trabalho do trabalhador, situação dependente de acordo escrito entre ambas as partes. II - O trabalhador em situação de pré-reforma tem os direitos constantes do acordo celebrado com a entidade empregadora, o qual - no caso dos autos - remete, mesmo, para os termos do disposto no CCT aplicável ao sector dos Seguros, ou seja, para a cláusula 57, n. 1, alínea a), com o limite imposto pelo seu número 2, do CCT publicado no BTE n. 20/91. III - À indemnização fixada na alínea a) do n. 1 da cl. 57 do aludido CCT, ao preceituar que "todo o trabalhador terá direito até atingir a idade da reforma obrigatória ao pagamento de um capital por morte igual a 14 vezes o ordenado-base mensal da sua categoria", não pode deixar de se aplicar a limitação estabelecida, com a mesma força de lei, no n. 2 da mesma cláusula, segundo o qual, na hipótese dos autos, aquela indemnização "não é...
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