In the context of employment relationships, the non-competition clause is an essential tool for protecting the legal and economic interests of the parties involved. According to Law No. 53/2003 – the Labor Code, as updated, this represents an optional specific clause in the individual employment contract. Thus, the non-competition clause imposes on the employee the...
The provisions of the Labor Code stipulate the employee’s right to notice in the case of dismissals, which consists of the period of time that the employer must provide to the employees before the actual termination of the employment contract. The notice period cannot be less than 20 working days, being conceived as support for...
In the situation where an employee wishes to resign without respecting the notice period, but the employer refuses and insists that the employee respects this period, there can be several situations: If the employer has not fulfilled the obligations provided in the individual employment contract, the employee may resign without notice according to Article 81...
Position Elimination The Labor Code allows the employer to eliminate certain positions when facing economic difficulties or when a reorganization of activities becomes necessary. Upon identifying these objective reasons, the employer, following an economic and financial analysis of the activities, can decide whether the elimination of one or more positions is necessary. If the decision...
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