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SUSPENSION OF THE CONTRACT OF EMPLOYMENT

Term designating the maintenance of the legal employment bond during a period in which there is an interruption of its main effects, notably the respective obligations to perform work and to pay wages. As a rule, suspension occurs when there is a supervening and temporary impossibility of the performance of work which is not imputable to the employee. The diversity of the situations of suspension prevents any uniform treatment of the subject or an entirely consistent systematization of the various hypotheses. Nevertheless, a dividing line can be drawn between two groups of situations which lead to suspension, starting from the contradistinction between cases caused by reasons connected with the employer's circumstances (see layoff ) and cases of suspension of the contract of employment for reasons relating to the employee . The Suspension of the Employment Contract Act (Decree-Law No. 398 of November 2, 1983) contains what might be termed the general rules regulating suspension for reasons relating either to the employer or to the employee, although not all possible situations are really covered by these rules. Nevertheless, the general rule is that "during suspension, all those rights, duties and guarantees of the parties which do not presuppose the actual performance of work are maintained." The period of suspension counts towards length of service for the purposes of all its effects, and employees may not be prejudiced in respect of those of their rights which are connected with its continuity (see length of service: legal concept and effects ). In the case of a fixed-term contract, suspension does not interrupt the running of its term for the purposes of expiry. Lastly, during the period of suspension either party may terminate the contract in accordance with the general provisions of law. Obviously, suspension per se does not constitute grounds for termination.

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