The dismissal at the initiative of the effective worker is a decisive moment and should be made carefully to the rules provided for in the Portuguese Labor Code. The law establishes not only the rights of the worker, but also the duties that he must comply with his decision to leave the company. Knowing this legal basis is critical so that the whole process proceeds correctly.
In the case of the worker, it can decide to terminate the employment contract for various reasons: new career opportunities, personal changes or even dissatisfaction in the workplace. Portuguese labor legislation expressly provides for this possibility, but imposes conditions to safeguard both the worker and the employer, the Ekonomist Economics Specialized Digital Portal states.
Rights of the worker who says goodbye
When the effective worker calls for the termination of the contract, he maintains the right to receive the vacation allowance and the Christmas allowance proportional to the time of service provided in the current year. This obligation derives from Articles 237 and 263 of the Labor Code.
In addition, the worker must also receive all salary credits that the company should, such as overtime, commissions or other contractual remuneration, as provided for in article 129 (1) (d).
In situations of just cause attributable to the employer, provided for in article 394, the worker is entitled to resolve the contract and receive compensation, in accordance with the same source. The amount is regulated in article 396: between 15 and 45 days of base remuneration and daytime for each full year of seniority, not less than three months of salary. If you prove higher value damage, compensation may be increased.
Regarding the unemployment allowance, Decree-Law No. 220/2006, article 9, establishes that it is granted only when the termination occurs with just cause recognized or declared judicially. A dismissal request without foundation does not give access to this installment.
Duties of the effective worker in the termination
The dismissal decision must comply with the prior notice rules provided for in article 400 of the Labor Code. Thus, the worker must remain in office during this period:
- 30 days of warning for contracts with seniority less than 2 years;
- 60 days of warning for contracts with 2 or more years.
The communication must be written, through a letter of termination, pursuant to article 400 (1), which contains the intention to terminate the contract, the date of the notice and the effective termination date of the labor bond.
Even after departure, the worker is linked to the secrecy duty of confidential information from the company. This duty derives from article 128 (1) (f), and remains beyond the end of the contractual relationship.
If there is regret
The Labor Code, in article 402, provides for the possibility of revocation of the dismissal at the initiative of the worker. The deadline to go back is 7 days after the termination communication. Repentance must be presented in writing to the employer, ensuring the reintegration of the worker under the same conditions, says the same source.
When saying goodbye, the effective worker in Portugal must be present the entire legal basis applicable. Among the rights are the payment of proportional subsidies, wage credits and, in situations of just cause, the compensation provided for by law.
Among the duties are compliance with the notice, formalization by letter and respect for confidentiality.
Legislation present in the Labor Code
It is important to underline, according to, that the relevant legislation is enshrined in the Labor Code, especially in articles 128, 129, 237, 263, 394, 396, 400 and 402, as well as Decree-Law No. 220/2006 as regards unemployment subsidy.
To avoid doubts, it is always recommended to advise from a lawyer or the authority for work conditions (ACT) before formalizing the decision to say to the employer: “I want to say goodbye.”
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