O abandono do trabalho

: em especial o requisito do animus extintivo

Abstract

The work exit’s legal institute was introduced in the Portuguese legal system in 1989 in order to speed up the termination of the employment contract in the worker’s absence situations. The work exit, both, proprio senso and presumed, is constituted by two elements – the objective and the subjective – whose observance is a sine qua non condition so that the employer can communicate its occurrence to the worker and subsequently is legitimated to invoke it. This aspect must be taken into account in the legal subsumption of a certain situation into the work exit’s institute. Therefore, it should not be considered abandonment of work, the case in which the worker is absent from the service because he does not want to work in the workplace indicated by the employer, or because he understands that he is not obliged to obey a certain order of transfer of place of work or even because he thinks the employer's order is illegal. In fact, in none of these cases does the worker have the real intention of promoting the termination of the employment relationship.

Date of Award	15 Sept 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Milena Rouxinol (Supervisor)