A presunção de abandono do lugar no regulamento de trabalho doméstico

Abstract

This monograph examines the legal framework governing the presumption of abandonment of post under the mozambican regulations on domestic work. It focuses in particular on the presumption of abandonment and the possibilility of its rebuttal by the domestic worker, with the objective of identifying the point in time up to which such rebuttal remains legally admissible. Furthermore, the study seeks to propose decision-making criteria for determining the existence of animus extintivo (the intention to terminate the employment relationship) and for assessing the evidence of its manifestation within the legal sphere of the domestic worker.In cases of abandonment, the employer may engage another worker to cover the absence, thereby ensuring the continuity of domestic services. However, the risk of a late rebuttal of the presumption may give rise to tensions between the principle of continuity of service provision and the principle of employment security. The absence of a statutory time limit for rebutting the presumption exposes the employer to the possibility of being required to reinstate the absent worker even after a replacement has been hired. This situation creates a sensitive contractual conflict and may result in potential liability for unfair or unlawful dismissal. From a comparative perspective, the legal concept of the presumption of abandonment of post is addressed in a similar manner within both the Mozambican and Portuguese legal systems, particularly regarding the rebuttal of the presumption. In light of these considerations, this study advocates reliance on the principle of good faith and the doctrine of abuse of rights as auxiliary decision-making parameters to assist judicial reasoning. These principles are especially relevant in borderline cases where a worker returns after a prolonged period of absence without prior notice, while presenting evidence of a force majeure event that prevented timely communication of the reasons for the absence to the employer.