Acórdão (extrato) n.º 828/2017
Data de publicação | 15 Fevereiro 2018 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 828/2017
Processo n.º 545/15
III - Decisão
20 - Nos termos e pelos fundamentos expostos, decide-se:
a) Não julgar inconstitucional a interpretação normativa, extraída dos artigos 4.º, 6.º, n.º 5, 7.º e 9.º, n.º 1, do Decreto-Lei n.º 19/2013, de 6 de fevereiro, segundo a qual, o Acordo Coletivo de Trabalho para o Setor Bancário é inaplicável aos trabalhadores do IFAP, I. P. por ele abrangidos, ainda que filiados em sindicatos subscritores do mencionado acordo coletivo de trabalho.
b) Não julgar inconstitucionais os artigos 4.º, 6.º, n.º 5, 7.º e 9.º, n.º 1 do Decreto-Lei n.º 19/2013, de 6/2, interpretados no sentido de, pela sua aplicação conjugada, tornar prescindível a participação do Sindicato Nacional dos Quadros Técnicos Bancários e do Sindicato Independente da Banca na elaboração do Decreto-Lei n.º 19/2013, de 6 de fevereiro.
c) Não julgar inconstitucional a norma do n.º 1 do artigo 9.º, do Decreto-Lei n.º 19/2013, de 6 de fevereiro, segundo a qual, com a entrada em vigor desse diploma, o Acordo Coletivo de Trabalho para o Setor Bancário deixa de ser aplicável aos trabalhadores do IFAP, I. P. por ele abrangidos.
d) Conceder provimento ao recurso e ordenar a reforma do acórdão recorrido em conformidade com a decisão de não inconstitucionalidade.
Sem custas.
Lisboa, 13 de dezembro de 2017. - Lino Rodrigues Ribeiro...
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