SmEs and large companies are increasingly able to enter into enterprise agreements that aim to regulate their own conditions and adapt them to their specific needs. In the past, this enlargement was almost automatic. However, as part of Portugal`s financial rescue agreements, the government first expressed its readiness to set new criteria for the extension of the agreements (in May 2011) and then to use its discretion not to renew the agreements until specific criteria had been established. Dismissal by dismissal or collective dismissal entitles the worker to compensation. Compensation is calculated on different terms, whether the employment contract was concluded before November 1, 2011. In the same year of work, the period of leave may not exceed 30 working days, unless the collective agreement or any other instrument otherwise has it. In general, some of these allowances – such as shift work allowances or meal allowances – are provided for by the current collective agreement, as they are not required to be paid. In addition, the payment of the meal scholarship is a common practice, even if it is not included in any collective agreement. A change allows unions to delegate collective bargaining to small businesses than in the past.
Until August 2012, these bodies, which could be enterprise committees or trade union bodies at the enterprise level, had only the opportunity to negotiate in companies employing at least 500 people. This was reduced to 150. In the past, industrial negotiations between employers` and trade union organisations have been the most important element of collective bargaining in Portugal. Enterprise-level agreements cover far fewer employers. Portugal has traditionally had a high level of tariff guarantee, thanks in part to the extension of agreements by the government. However, this high level is threatened by system changes under the pressure of the economic crisis. The Portuguese Labour Code provides for minimum conditions of employment and standards for leave, maximum working hours, pay, etc. Collective agreements may, if necessary, set minimum conditions (for example.
B minimum wage). This chapter provides a brief overview of the most important aspects of Portuguese labour law, namely employment contracts and social security issues. After the 2015 parliamentary elections, the suspension of public holidays in 2016 was lifted, but no relevant changes were made to labour law. The role of unions and the works council is different. For example, the right to strike is the exclusive right of a union and the right to enter into collective agreements. However, if the employment contract is terminated, the employer may require the worker to take the remaining days off during the notice period. Collective dismissal. Collective redundancy is possible if the employer intends to lay off at least two employees (in companies with less than 50 employees) or five (in companies with 50 or more employees) within three months.
Collective dismissal must be one of the following reasons: Portuguese labour law is governed by the labour code, which came into force at the end of 2003. A new version of the labour code was published in 2009, which currently provides for the regulation of key employment-related characteristics, such as types of employment contracts, leave, incapacity to work, vocational training, gender equality, maternity rights, termination of employment contracts and occupational health and safety. In addition to dismissal, employers may also dismiss workers through an individual or collective redundancy procedure, provided there are objective reasons (related to the company) to justify it.