Resumen

IRURETA URIARTE, Pedro. THE UNTIMELY LEAVING AND THE REFUSAL TO WORK: AN ASSUMPTION OF ABSENTEEISM DUE TO BREACH OF CONTRACT. Rev. chil. derecho [online]. 2016, vol.43, n.3, pp.897-926. ISSN 0718-3437.  http://dx.doi.org/10.4067/S0718-34372016000300006.

ABSTRACT: The Labor Code penalizes a special case of absenteeism caused by breach of contract. This is verified by the untimely leaving of an employee from his or her workplace and the refusal to execute the tasks agreed upon in the employment contract. In both cases, the Code circumscribes the infraction around requirements based on contractual terms about disobedience and in its lack of justification. Even though this is about an old assumption on extinction of contract, the figure has served to differentiate the assumptions of absenteeism due to breach of contract from those that suppose quitting a job. Also, the jurisprudential evolution has allowed the replacement of the old doctrine of solve et repete by a wider view of just disobedience.

Palabras clave : Laboral absenteeism; breach of contract; disciplinary dismissal.

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