A resolução do contrato de trabalho pelo trabalhador

• Autor(a) principal: Silva, Rita Daniela Gomes
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/19155
• topic: Contrato de trabalho; Cessação do contrato de trabalho pelo trabalhador; Resolução do contrato de trabalho por justa causa; Employment contract; Termination of the labour contract by the employee; Unilateral termination of the labour contract by the employee with just cause; Direito

This thesis aims to analyze the current Portuguese legal regime on the unilateral termination of the labour contract by the employee with just cause. First of all, the distinction between the unilateral termination of the labour contract by the employee with just cause and the unilateral termination of the labour contract by the employee without just cause is made. In addition, the several behaviors of the employer and the various conditions susceptible of constituting just cause, both subjective and objective, are analyzed. It is also analyzed not only the concept of just cause, but also how and using what criteria should it be appreciated. Furthermore, it is also analyzed the necessary procedure for the employee to terminate the employment contract with just cause, as well as the indemnity due by the employer to the employee in that situation. Finally, the illegal termination of the labour contract by the employee with just cause is addressed, including its impugnment by the employer, the employee’s possibility to correct procedural defects and the indemnity due by the employee to the employer in case of illegal termination by the employee.