UNILATERAL TERMINATION OF THE EMPLOYMENT CONTRACT BY THE EMPLOYEE. IS THE CURRENT LEGAL FRAMEWORK SUFFICIENT? WHAT IS THE ROLE OF GOOD FAITH IN THE RESIGNATION MECHANISM?
UNILATERAL TERMINATION OF THE EMPLOYMENT CONTRACT BY THE EMPLOYEE. IS THE CURRENT LEGAL FRAMEWORK SUFFICIENT? WHAT IS THE ROLE OF GOOD FAITH IN THE RESIGNATION MECHANISM?

Summary/Abstract: This paper analyzes in depth the exercise of the employee's right to unilaterally terminate the individual employment contract; from the perspective of the principle of good faith; enshrined in both the Civil Code and the Labor Code. It highlights the tension between the potestative nature of resignation and the legal and moral requirements arising from good faith; proportionality; and reasonableness. The paper questions whether the current legal framework is sufficient to prevent abuse of rights in the context of resignation; analyzing specific situations in which the exercise of this right may become unlawful. It proposes a reassessment of the standard for exercising resignation; integrating criteria of equity; contractual loyalty; and legal balance between the interests of the parties in the employment relationship.

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