Learning outcomes of the curricular unit

Students are expected to acquire a detailed and specialized knowledge of the employment contract termination legal regime. Although this subject is studied in the undergraduate course, we intend, in this context, to carry out a more complete approach to some specific issues. Mainly we intend to lead students to: be aware of the issues which have been more dubious among the Portuguese jurists and courts and become able to discuss them using legal arguments; establish logical and systematic links between the regulation of the employment contract and other legal provisions, both set forth in the Labour Code and in other legal statutes; realize the relevance of parametric legal texts, such as the Portuguese Constitution and the European and International regulation, and call them as a reference for the interpretation of the national legislation

Syllabus

I Employment contract termination
1 Constitutional, international and European framework
2 Legal overview; classifications; sources coordination

II Expiry
1 Concept
2 Cases of expiry: absolute, definitive and supervenient inability to job functions

III By the employee
1 The concept of fair cause - especially the lack of wage payment
2 Some issues concerning work desertion 

IV Dismissal
1 Disciplinary fair cause of dismissal – especially, work absences’ relevance
2 Collective dismissal and dismissal due to the elimination of the job; new article 338.º-A of the PLC 
3 Dismissal due to the employee’s unsuitability: in particular, the new dismissal due to the employee’s inability 
4 Dismissal and fixed term contracts
5. Effects of illegal dismissals - problematic issues

V Trial period and contrat termination

VI Protection of employees' credits in the moment of termination - article 337.º, 3 of the PLC

VII Transfer of business ownership and contract termination