By Judgment of the Supreme Court of Justice no. 7/2024, of 21 June, issued in case no. 474/21.6T8MTS.P1.S1, case law was established stating that:

"In order to be able to rebut the presumption of acceptance of the dismissal contained in paragraph 4 of article 366 of the Portuguese Labour Code (Law no. 7/2009 of 12 February, as amended in the meantime), the totality of the compensation received by the employee must be returned by the latter until the respective precautionary procedure or action to challenge the dismissal is initiated, which is the meaning of the expression 'at the same time' contained in paragraph 5 of the aforementioned article 366."

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