Limites da indemnização por violação do aviso prévio na denúncia do contrato de trabalho no ordenamento jurídico moçambicano: uma análise crítica

Abstract

To avoid eternal contracts, the legislator provides ways to terminate the relationship that links the worker to the employer. Termination by denunciation brings more freedoms to the worker, as he must only make a written communication to the employer, informing him of his decision, he must comply with the prior notice, which will serve as a moment to prepare for the divorce, failing to comply with the worker sees the duty to compensate the employer arise within their legal sphere. This monograph addresses the limits of compensation for violation of prior notice when terminating an employment contract in the Mozambican legal system: a critical analysis. To this end, in the first part of this study, we address the generalities of the doctrine on the termination of the employment contract, prior notice and compensation and, in the second, by presenting the legal regime for the termination of the employment contract by the worker and the limits compensation for failure to comply with prior notice. This study arises from the need to understand whether the legal regime of compensation for failure to comply with prior notice in the termination of the employment contract by the employee existing in the Mozambican legal system is effective or not with a view to preventing and repressing failure to comply with prior notice by the perpetrator. We will explore the historical evolution of the concept of termination as a form of termination of the employment relationship, identifying problems that arise and proposing solutions to improve the regulatory framework for termination of the employment contract. Furthermore, we will carry out a comparative analysis of the legal systems of Portugal and Angola, exploring useful aspects of these systems. The critical analysis of the limits of compensation for violation of the Prior Notice in the termination of the employment contract in the Mozambican legal system revealed some negative points and inconsistencies, such as the lack of clear criteria used for the limitation imposed by the legislator, lack of autonomy in compensation for damages and losses suffered due to the employee's failure to comply with prior notice upon termination of the relationship. Recommendations were proposed to improve the regime of this figure, which is the termination of the employment contract