COMMENTARY ABOUT THE OPORTO COURT OF APPEAL JUDGEMENT OF 16/06/2014, CASE 378/12.3TTLMG.P1. COLLECTIVE CONVENTIONS OF WORK/ SANTA CASA DA MISERICÓRDIA

Abstract

The purpose of this note involves assessing the merits of the decision taken by Oporto Court of Appeal in Case 378/12.3TTLMG.P1 and its adaptation to the legislation in force at the time that was given, regarding the inapplicability of some Instruments of Collective Work Regulation in what concerns to the relation established between the employee and the employer. The court pronounced, on appeal, on the regularity and legality of dismissal, enjoying the applicability of two Collective Conventions of Work. The first in order to support the retraining of workers as Professor of Basic Education variant of Physical Education; the second, in order to assess the right to that payment of the meal subsidy.