Portaria n.º 1174/2009, de 06 de Outubro de 2009
de 6 de Outubro
A Portaria n. 729/2009, de 7 de Julho de 2009, que procedeu à extensáo do contrato colectivo de trabalho entre a GROQUIFAR - Associaçáo de Grossistas de Produtos Químicos e Farmacêuticos e a FETESE - Federaçáo dos Sindicatos dos Trabalhadores de Serviços e outro, refere no preâmbulo que, durante a sua preparaçáo, os interessados náo se manifestaram contra o projecto de portaria que foi publicado. Por lapso, náo se identificou a oposiçáo deduzida pela Federaçáo Intersindical das Indústrias Metalúrgica, Metalomecânica, Química, Farmacêutica, Eléctrica, Energia e Minas, nos termos do n. 3 do artigo 516. do Código do Trabalho, que, invocando a existência da convençáo que celebrou com a mesma associaçáo de empregadores, pretende que a extensáo náo abranja os trabalhadores que a mesma representa.
Considerando que assiste à oponente a defesa dos direitos e interesses dos trabalhadores que representa e que, de acordo com o artigo 515. do Código do Trabalho, as portarias de extensáo só podem ser emitidas na falta de instrumentos de regulamentaçáo colectiva de trabalho negociais, procede -se à alteraçáo da citada portaria de extensáo, excluindo -se do seu âmbito os trabalhadores representados pela referida federaçáo.
Assim:
Manda o Governo, pelo Ministro do Trabalho e da Solidariedade Social, ao abrigo do artigo 514. e do n. 1 do artigo 516. do Código do Trabalho, o seguinte:
Artigo 1.
O artigo 1. da Portaria n. 729/2009, de 7 de Julho, que procede à extensáo das condiçóes de trabalho constantes do CCT entre a GROQUIFAR - Associaçáo de Grossistas de Produtos Químicos e Farmacêuticos e a FETESE - Federaçáo dos Sindicatos dos Trabalhadores de Serviços e outro, passa a ter a seguinte redacçáo:
Artigo 1.
1 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - A presente extensáo náo se aplica às relaçóes de trabalho em que sejam parte empregadores filiados na...
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