A indemnização pelo incumprimento do aviso prévio na denúncia do contrato de trabalho no período probatório

Abstract

This paper is entitled "compensation for failure to give prior notice when terminating an employment contract during the probationary period". According to article 21 of the Labour Law, an employment contract is understood to be an agreement by which a person, an employee, undertakes to provide his/her services to another person, an employer, under the authority and direction of the latter, in exchange for remuneration. The probationary period is understood as the initial period of execution of the employment contract, during which the parties assess their interest in maintaining it, and both parties must act in such a way that they can assess their interest in maintaining the employment contract. In the Mozambican legal system, the regime for terminating the contract during the period is set out in article 51 et seq. of the Labour Law. Under paragraph 1 of the aforementioned article, it is provided that, during the probationary period, unless otherwise stipulated, either party may terminate the contract without the need to invoke just cause and without the right to compensation. Paragraph 2 of the aforementioned article provides that either party is obliged to give prior written notice to the other party, at least seven days in advance. Under paragraph 3 of the aforementioned article, it is recommended that, for contracts whose probationary period lasts 15 days, the advance notice must be three days. We can note that article 51 of the LT does not provide for the consequences arising from the breach of the notice period by either party. Thus, termination of the employment contract without prior notice gives rise to compensation, since such an act may be seen as an abusive exercise of a right; on the other hand, failure to comply with the notice period when terminating the contract during the probationary period may be seen as unlawful dismissal