Supreme Court Ruling nº 7/2024 of 21 June aims to standardise case law regarding the deadline for returning the compensation received by the employee as a result of collective redundancy, in order to rebut the legal presumption of acceptance of the termination of the employment contract.

The question raised in this appeal was the deadline for returning the compensation received in the event of collective redundancy. This is because paragraph 4 of article 366 of the Labour Code states that the employee is presumed to have accepted the dismissal when he receives the full amount of compensation from the employer in the event of collective redundancy. However, paragraph 5 of this same article states that this presumption can be rebutted if, at the same time, the employee hands over or makes available, in any way, the full amount of the compensation paid by the employer.

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