EMPLOYMENT CONTRACT RESOLUTION PROCEDURE – WORKER INITIATIVE

Abstract

Resolution of the employment contract is a legal instrument available to employees to repel or react to serious violations of their rights, as well as to supervening situations that make it impossible to maintain the contractual relationship. However, it has been found that this regime is largely unknown to most employees.
When faced with difficulties in the workplace, workers tend to opt for termination of their employment contract, completely unaware of the possibility of obtaining compensation or indemnity, due to their dedication to their employer, which, when combined with access to unemployment benefits, can play a decisive role in safeguarding the stability of the household or even in restarting their professional life.
This article therefore aims to conduct a critical study of the legal procedure required to formalise the right to terminate an employment contract when based on circumstances that may constitute just cause. The aim is, on the one hand, to analyse the respective procedural regime and, on the other, to contribute to its dissemination to a public that is not specialised in legal matters.
It should be clarified, however, that this approach is not exhaustive, since an in-depth analysis of the concept of just cause and the grounds for termination with just cause, whether subjective or objective, would require a level of detail that is incompatible with the scope of a scientific article. We therefore start from a general framework, which is essential for a correct understanding of the subject under analysis, focusing the study on the legally required procedure for formalising the termination of an employment contract at the initiative of the employee.