In Cape Verde, the job abandonment occurs when an employee is absent without justification for ten consecutive working days. Employers must send a formal notification by registered post to the employee's last known address, documenting all dates of absence and communication attempts. Employees have ten days to contest allegations of abandonment with valid proof of the reasons for their absence. Proper documentation is essential for both parties, as incorrect classification can lead to unfair dismissal claims. Understanding these legal nuances protects companies from potential labour disputes.
Contents
According to Article 403 of the Labour Code, the job abandonment in Cape Verde is legally defined as ten consecutive working days of unjustified absence.
This concept, known as "abandonment of post," is the basis for the termination of employment without the typical requirements of prior notice.
The law establishes two essential elements for job abandonment: prolonged absence and the presumption of the worker's intention to terminate employment.
This presumption can be strengthened if the worker takes up self-employment or starts working for another employer without proper notification.
Employers must realise that burden of proof falls on them to demonstrate the absence of justification for absences.
Employees retain the right to contest allegations of abandonment by providing proof of their inability to attend or report within ten days of receiving the notice of termination.
O ten-day critical limit serves as the definitive marker for the leaving work in Cape Verde's labour market. According to Labour Codeabsence becomes legal abandonment (abandonment of post) when an employee misses 10 or more consecutive working days without providing valid justification to the employer.
This 10-day period is essential for employers monitoring prolonged unauthorised absences. Once this limit has been reached, employers can proceed to terminate the employment contract without the traditional notice requirements.
However, proper documentation remains essential - employers must send a registered letter to the employee's last known address, formally recognising the situation of abandonment.
Employees retain the right to challenge this presumption within 10 days of receiving the notice of termination, by providing evidence of the circumstances that prevented them from being present at the workplace or communicating.
Once the 10-day absence limitIn order to legally establish job abandonment, employers must follow strict communication protocols.
After 10 days of unjustified absence, the employer must send a formal notification through registered letter (with acknowledgement of receipt) to the employee's last known address.
This notification must specifically detail the circumstances that constitute abandonmentincluding the dates of absence and previous attempts at contact. The letter serves as the legal notice termination on the grounds of job abandonment.
Employers must keep proof of delivery and confirmation of receipt for their records.
Failure to comply with these precise reporting requirements may invalidate the termination, even when the 10-day absence period has been complied with, and may result in allegations of misconduct. unfair dismissal if the worker subsequently contests the allegation of abandonment.
When an employment contract is terminated due to leaving the workplace in Cape Verde, employers must keep detailed documentation to substantiate its decision.
A notification letter sent by registered post with acknowledgement of receipt serves as the main document, and must clearly describe the facts that constitute abandonment, including specific dates and circumstances.
Employers should also keep extensive records of the employee's absence, any prior communications relating to the absence, and documentation demonstrating compliance with the required response deadlines, since these elements form the evidential basis for defence against potential legal challenges. Compliance with Labour Code is essential for employers to avoid disputes that could lead to employee grievances or formal conflict resolution procedures.
Adequate documentation is the cornerstone of any management process. termination for leaving the workplace in Cape Verde. Employers must send a registered letter with acknowledgement of receipt to start the termination of contract.
This notification must be sent to the employee's last known address and clearly detail the specific facts that constitute abandonment.
The letter must explicitly state the duration of the absence and the lack of justification provided by the employee. Employers must specify the deadline for replyIn the case of termination, the employee is usually given 10 days to contest the termination allegations. This procedural requirement protects both parties in the termination process.
Failure to comply with these notification procedures may invalidate the termination, potentially resulting in legal disputes.
Employers must keep copies of all correspondence and delivery confirmations to prove that they have complied with the rules. legal requirements.
Maintain consistently meticulous records of staff absences is a fundamental requirement for employers in Cape Verde when making redundancies due to leaving the workplace.
O Labour Code stipulates that employers must document all instances of unjustified absenceincluding precise dates, duration and attempts to communicate with the absent employee.
For a valid termination of employment based on abandonment, employers need evidence that the employee has been absent for at least 10 consecutive working days without justification.
Each communication attempt must be recorded and preserved, particularly those sent by registered post with acknowledgement of receipt. These records serve two purposes: to ensure compliance with legal requirements and to provide critical evidence if the employee contests the dismissal.
Detailed documentation protects the employer's position if the case progresses to the labour authorities or legal proceedings.
Each Cape Verdean employer must keep extensive documentation of the response time when processing terminations due to job abandonment.
After identifying a potential job abandonment, employers must issue a formal notification via registered letter with acknowledgement of receipt to the employee's last known address, clearly detailing the circumstances of the job abandonment. absence. This documentation serves as vital evidence in the event of legal disputes.
The law establishes a specific reply deadline for workers to contest the allegation of abandonment, typically within 10 days of receiving the employer's notification.
Employers should carefully record this deadline, preserving evidence of when the notification was sent, received, and whether the worker responded within the legal period.
This documentation shows in accordance with Article 403 It also protects employers from potential allegations of misconduct. inadequate cancellation procedures.
When workers face allegations of leaving the workplaceThe Cape Verdean Labour Code provides them with specific rights to contest these allegations.
Workers have the responsibility (rights and duties) to reply within 10 days after receiving notice that the employer intends to terminate the employment contract. During this period, they must submit a valid justification for their absence, with credible documentation showing why they were unable to report their absence to their employer.
Acceptable justifications typically include force majeure circumstances or documented emergencies that prevented normal communication in the workplace.
The evidence presented must be sufficiently credible and detailed to counter the employer's claim of abandonment. Workers who successfully contest these allegations can avoid the financial consequences of being held responsible for the termination of the contract, including potential compensation payments to the employer.
Understanding these rights is essential to protect their employment status.
As part of the Labour Code Cape Verde, employers have significant rights to compensation when workers leave their posts without warning.
When a worker decides step down without providing the appropriate prior noticeThe employer is entitled to compensation equivalent to the basic salary for the period of notice not served.
A termination of contract by abandonment triggers specific legal protections for companies.
Employers should note these essential rights:
To successfully exercise these rights, employers must carefully document the abandonment and follow the procedural requirements set out in the Labour Code.
A legal distinction between leaving the workplace e justified absence represents a fundamental pillar of Cape Verdean labour law, building on the framework of compensation discussed above.
Abandonment of post is legally defined as the unauthorised absence of an employee for ten or more consecutive working days, indicating no intention of returning. In contrast, justified absence occurs when workers have legitimate reasons that prevent them from attending, such as illness or emergencies.
Cape Verdean law distinguishes between intentional desertion of the workplace and absences with legitimate cause, establishing clear thresholds for each classification.
The critical differentiating factor is notification of absence - workers must inform employers of their situation promptly.
Employers should carefully evaluate each case, since wrongly classifying an excused absence as a walkout can result in allegations of unfair dismissal e financial penalties.
When assessing absences, documentation is essential: employers must keep records of all communications, while employees must preserve evidence of their justification (reason for absence) to protect their rights under the capeverdean labour law.
In Cape Verdean labour law, circumstances of force majeure constitute valid defences against allegations of abandonmentThis allows workers to maintain their labour rights despite prolonged absences.
Events such as catastrophic weather conditions, serious medical emergencies or civil unrest can qualify as force majeure if they genuinely prevented the employee from attending work or communicating their situation.
Employees must present substantial evidence of these extraordinary circumstancesThis includes medical certificates, official disaster declarations or documentation on transport disruption to successfully contest claims of abandonment.
Legitimate force majeure situations often provide employees with valid defences against allegations of abandonment of the workplace in Cape Verde's legal system. When faced with termination due to abandonment, officials must present documentation of reasons of force majeure within 10 days of receiving the employer's notification.
The justification must establish that circumstances beyond their control prevented both attendance at work and timely communication with their employer.
Employers must thoroughly assess such allegations before finalising termination decisions. Cape Verdean law protects employees who can prove genuine force majeure circumstancespotentially invalidating termination actions taken without due consideration of these legitimate defences.
Produce convincing proof circumstances of force majeure is the critical challenge for workers contesting allegations of leaving the workplace in Cape Verde.
To successfully invoke force majeure, the worker must present substantial documentation within 10 days of receiving the employer's notice of abandonment. This documentation can include medical certificates, disaster warnings issued by the government or other official records proving the worker's inability to maintain their job. communication with the employer.
The evidence must clearly demonstrate how the unforeseen circumstances made it impossible for the worker to fulfil the obligations laid down in the labour contract.
Natural disasters, serious illnesses or comparable events typically constitute valid force majeure situations.
When duly documented, these circumstances can reverse the presumption of abandonment, thus protecting the children. labour rights of the worker and avoiding the termination of their contract due to abandonment.
A Lay-off Law of Cape Verde (Law 1/X/2021) fundamentally altered the dynamics of the leaving the workplace when it came into force on 6 August 2021.
The law creates important distinctions between legitimate contract suspensions and situations in which an employee can be considered to have left their post (abandoned their post).
When an employer can demonstrate a 70% drop in revenue compared to 2019, can suspend the employment contract without triggering allegations of abandonment.
The main impacts of leaving the workplace include:
Companies should consider hiring specialised legal consultants to navigate the complex regulatory environment surrounding workplace abandonment and lay-off procedures.
Employers in Cape Verde can mitigate the leaving the workplace through the implementation of explicit policies that clearly define what constitutes abandonment and the resulting consequences.
These policies should be communicated during onboarding and regularly reinforced through employee handbooks, meetings and digital communications to ensure that all workers understand their obligations.
Detailed documentation of all staff absencescommunications about these absences and measures taken to contact the absent employees serve as essential evidence if it is necessary to substantiate claims of abandonment for legal purposes.
Companies must ensure compliance with the Labour Code of Cape Verde, which regulates the relationship between employers and employees and establishes the legal framework for cases of leaving the workplace.
The establishment of transparent abandonment policies serves as a basis for preventing cases of desertion in the workplace in Cape Verde. When companies clearly define what constitutes "desertion" under Article 403 of the Labour Code, both employers and employees understand expectations regarding attendance.
Effective policies should detail the procedural requirements for due "notice" and establish channels of "communication" between the "worker" and the administration.
Key elements of clear abandonment policies include:
These policies should be provided to all employees during onboarding and periodically reviewed to ensure ongoing compliance with Cape Verdean labour legislation.
Given the prevalence of leaving the workplace in Cape Verde, the detailed documentation serves as the cornerstone of both prevention and proper management.
Employers must keep detailed records of attendance, absences and all communication with employees regarding periods of absence. Each instance of unjustified absence should be formally recorded, creating a trail of evidence in the event of allegations of abandonment of post.
The documentation process should include dated entries of attempts to contact absent employees, copies of warning notices and any justifications provided.
When approaching the critical ten-day threshold that can lead to the termination of an employment contract, employers must ensure that all communications are sent by registered post to the employee's last known address.
These records become crucial evidence if they emerge legal disputesby protecting employers who have properly followed the cancellation protocols while demonstrating good faith efforts to contact the absent worker.
By coincidence, the legal implications of leaving work arise after 10 consecutive unjustified absences, triggering responsibilities on the part of the employer in relation to the notice of abandonment, while preserving the employee's rights to contest with valid justification within the same period.
Job abandonment involves 10 or more consecutive unjustified absences that reflect an intention to resign. The definition carries implications for employee rights, employer responsibilities and potential legal consequences in termination proceedings.
English (UK) 
Português (AO90) 
Français