Employee's Right to Suspend Work Over Partial Wage Arrears

In a dispute following an ordinary termination of employment concerning claims for extended wages due to incapacity, the appellate court addressed the employer's argument that the employee was not entitled to withhold labor based on a partial wage arrears, analogizing to Article 82 of the Code of Obligations. The court reasoned that an employee is generally entitled to suspend work when the employer defaults on due wage payments, and this right is not contingent on the arrears being substantial, nor is the employer's fault relevant; however, the exercise of this right is subject to the prohibition of abuse of right. Since the outstanding wage amount, though partial, was not insignificant relative to the full salary, the employee's refusal to work was not abusive, thereby obligating the employer to pay the wage despite the lack of performance, pursuant to an analogous application of Article 324 para. 1 of the Code of Obligations.