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Portugal - Requisitos formales / procedimientos de despido colectivos por razones económicas


+ show references

Definición de despido colectivo (número de empleados afectados):
A collective dismissal occurs when the employer terminates, either simultaneously or within a period of three months, the contracts of employment of:
- at least 2 workers in micro and small enterprises (= with fewer than 50 workers) or
- at least 5 worker in medium and large enterprises (= with at least 50 workers).

Remarks:
  • Art. 359 LC.
    In addition collective dismissals are only allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

Consultación previa con los sindicatos (representantes de los trabajadores) :

Remarks:
  • Arts. 360-361 LC.
    The employer must notify, for information and consultation, in writing the works council or, in its absence the inter-trade union committee or in the union representing the affected workers (or in their absence ad-hoc appointed representatives designated by the workers)
    The written notification shall include:
    - the reasons for the collective dismissal;
    - the organisational chart of the enterprise ;
    - the criteria used in the selection of employees to be dismissed;
    - the number and categories of the affected employees;
    - the time-frame for the dismissals;
    - the method of calculation of overall compensation granted to the employee in addition to redundancy payment.
    A copy of the notification must be sent to the labour authority.
    The information and consultation process starts 5 days after the notification has taken place (compared to 10 days under the 2003 LC) and shall be carried out with a view to reaching an agreement as to the extent and the effects of the measures to be adopted and other measures aimed at reducing the number of workers to be dismissed, notably.
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    Having reached an agreement, or in the absence thereof, 15 days after the initial communication (previously 20 days under the 2003 LC), the employer notifies each employee, in writing, of its final dismissal decision, indicating the reasons for the dismissal and the and date of termination. The contract of employment will only terminate after the expiry of the notice period, the duration of which varies between 15 and 75 days according to the employee's length of service and is identical to the notice period for individual dismissals.

Notificación a la administración:

Remarks:
  • A copy of the initial notification of the proposed collective dismissal to the workers' representative shall also be sent to the relevant service of the labour ministry. (art. 360(5) LC). A representative from the Labour Ministry will also take part in the negotiation procedure, although with a limited role to ensuring the material and procedural regularity of the process and promoting conciliation.
    (Art. 362 LC).
    In addition, at the time, the final decision is communicated to the employee, the employer is required to send the Ministry of Labour the minutes of the consultation meeting, and information on each employees affected by the collective dismissal (including their name, address, date of birth, hiring date, social security situation, profession, category, salary, the measures decided and their planned implementation date (art. 363(3) LC).

Notificación a los representantes de los trabajadores :

Remarks:
  • See remarks under "prior consultation"
    (art. 360-361 LC).

Aprobación de la administración publica o de organismos judiciales : No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): No

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, in the case of dismissals based on the elimination of a job position (individual redundancy, which may concern more than one employee but less that the required threshold for a collective dismissal, when selecting the employee to be made redundant, the employer must take into account the following criteria, in the following order:
    - shorter length of service in the same post,
    - shorter length of service in the occupational category,
    - lower rank class of the occupational category,
    - shorter length of service in the enterprise (art. 368(2) LC).

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, for the criteria to be followed in the case of dismissals based on the elimination of a job position (individual redundancy), which may concern more than one employee but less than the required threshold for a collective dismissal, see under economic dismissal above. (art. 368(2) LC).

Reglas de prioridad para la re-contratación: No

+ show references

Definición de despido colectivo (número de empleados afectados):
A collective dismissal occurs when the employer terminates, either simultaneously or within a period of three months, the contracts of employment of:
- at least 2 workers in micro and small enterprises (= with fewer than 50 workers) or
- at least 5 worker in medium and large enterprises (= with at least 50 workers).

Remarks:
  • Art. 359 LC.
    In addition collective dismissals are only allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

Consultación previa con los sindicatos (representantes de los trabajadores) :

Remarks:
  • Arts. 360-361 LC.
    The employer must notify, for information and consultation, in writing the works council or, in its absence the inter-trade union committee or in the union representing the affected workers (or in their absence ad-hoc appointed representatives designated by the workers)
    The written notification shall include:
    - the reasons for the collective dismissal;
    - the organisational chart of the enterprise ;
    - the criteria used in the selection of employees to be dismissed;
    - the number and categories of the affected employees;
    - the time-frame for the dismissals;
    - the method of calculation of overall compensation granted to the employee in addition to redundancy payment.
    A copy of the notification must be sent to the labour authority.
    The information and consultation process starts 5 days after the notification has taken place (compared to 10 days under the 2003 LC) and shall be carried out with a view to reaching an agreement as to the extent and the effects of the measures to be adopted and other measures aimed at reducing the number of workers to be dismissed, notably.
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    Having reached an agreement, or in the absence thereof, 15 days after the initial communication (previously 20 days under the 2003 LC), the employer notifies each employee, in writing, of its final dismissal decision, indicating the reasons for the dismissal and the and date of termination. The contract of employment will only terminate after the expiry of the notice period, the duration of which varies between 15 and 75 days according to the employee's length of service and is identical to the notice period for individual dismissals.

Notificación a la administración:

Remarks:
  • A copy of the initial notification of the proposed collective dismissal to the workers' representative shall also be sent to the relevant service of the labour ministry. (art. 360(5) LC). A representative from the Labour Ministry will also take part in the negotiation procedure, although with a limited role to ensuring the material and procedural regularity of the process and promoting conciliation.
    (Art. 362 LC).
    In addition, at the time, the final decision is communicated to the employee, the employer is required to send the Ministry of Labour the minutes of the consultation meeting, and information on each employees affected by the collective dismissal (including their name, address, date of birth, hiring date, social security situation, profession, category, salary, the measures decided and their planned implementation date (art. 363(3) LC).

Notificación a los representantes de los trabajadores :

Remarks:
  • See remarks under "prior consultation"
    (art. 360-361 LC).

Aprobación de la administración publica o de organismos judiciales : No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): No

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, in the case of dismissals based on the elimination of a job position (individual redundancy, which may concern more than one employee but less that the required threshold for a collective dismissal, when selecting the employee to be made redundant, the employer must take into account the following criteria, in the following order:
    - shorter length of service in the same post,
    - shorter length of service in the occupational category,
    - lower rank class of the occupational category,
    - shorter length of service in the enterprise (art. 368(2) LC).

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, for the criteria to be followed in the case of dismissals based on the elimination of a job position (individual redundancy), which may concern more than one employee but less than the required threshold for a collective dismissal, see under economic dismissal above. (art. 368(2) LC).

Reglas de prioridad para la re-contratación: No

+ show references

Definición de despido colectivo (número de empleados afectados):
A collective dismissal occurs when the employer terminates, either simultaneously or within a period of three months, the contracts of employment of:
- at least 2 workers in micro and small enterprises (= with fewer than 50 workers) or
- at least 5 worker in medium and large enterprises (= with at least 50 workers).

Remarks:
  • Art. 359 LC.
    In addition collective dismissals are only allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

Consultación previa con los sindicatos (representantes de los trabajadores) :

Remarks:
  • Arts. 360-361 LC.
    The employer must notify, for information and consultation, in writing the works council or, in its absence the inter-trade union committee or in the union representing the affected workers (or in their absence ad-hoc appointed representatives designated by the workers)
    The written notification shall include:
    - the reasons for the collective dismissal;
    - the organisational chart of the enterprise ;
    - the criteria used in the selection of employees to be dismissed;
    - the number and categories of the affected employees;
    - the time-frame for the dismissals;
    - the method of calculation of overall compensation granted to the employee in addition to redundancy payment.
    A copy of the notification must be sent to the labour authority.
    The information and consultation process starts 5 days after the notification has taken place (compared to 10 days under the 2003 LC) and shall be carried out with a view to reaching an agreement as to the extent and the effects of the measures to be adopted and other measures aimed at reducing the number of workers to be dismissed, notably.
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    Having reached an agreement, or in the absence thereof, 15 days after the initial communication (previously 20 days under the 2003 LC), the employer notifies each employee, in writing, of its final dismissal decision, indicating the reasons for the dismissal and the and date of termination. The contract of employment will only terminate after the expiry of the notice period, the duration of which varies between 15 and 75 days according to the employee's length of service and is identical to the notice period for individual dismissals.

Notificación a la administración:

Remarks:
  • A copy of the initial notification of the proposed collective dismissal to the workers' representative shall also be sent to the relevant service of the labour ministry. (art. 360(5) LC). A representative from the Labour Ministry will also take part in the negotiation procedure, although with a limited role to ensuring the material and procedural regularity of the process and promoting conciliation.
    (Art. 362 LC).
    In addition, at the time, the final decision is communicated to the employee, the employer is required to send the Ministry of Labour the minutes of the consultation meeting, and information on each employees affected by the collective dismissal (including their name, address, date of birth, hiring date, social security situation, profession, category, salary, the measures decided and their planned implementation date (art. 363(3) LC).

Notificación a los representantes de los trabajadores :

Remarks:
  • See remarks under "prior consultation"
    (art. 360-361 LC).

Aprobación de la administración publica o de organismos judiciales : No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): No

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, in the case of dismissals based on the elimination of a job position (individual redundancy, which may concern more than one employee but less that the required threshold for a collective dismissal, when selecting the employee to be made redundant, the employer must take into account the following criteria, in the following order:
    - shorter length of service in the same post,
    - shorter length of service in the occupational category,
    - lower rank class of the occupational category,
    - shorter length of service in the enterprise (art. 368(2) LC).

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, for the criteria to be followed in the case of dismissals based on the elimination of a job position (individual redundancy), which may concern more than one employee but less than the required threshold for a collective dismissal, see under economic dismissal above. (art. 368(2) LC).

Reglas de prioridad para la re-contratación: No

+ show references

Definición de despido colectivo (número de empleados afectados):
A collective dismissal occurs when the employer terminates, either simultaneously or within a period of three months, the contracts of employment of:
- at least 2 workers in micro and small enterprises (= with fewer than 50 workers) or
- at least 5 worker in medium and large enterprises (= with at least 50 workers).

Remarks:
  • Art. 359 LC.
    In addition collective dismissals are only allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

Consultación previa con los sindicatos (representantes de los trabajadores) :

Remarks:
  • Arts. 360-361 LC.
    The employer must notify, for information and consultation, in writing the works council or, in its absence the inter-trade union committee or in the union representing the affected workers (or in their absence ad-hoc appointed representatives designated by the workers)
    The written notification shall include:
    - the reasons for the collective dismissal;
    - the organisational chart of the enterprise ;
    - the criteria used in the selection of employees to be dismissed;
    - the number and categories of the affected employees;
    - the time-frame for the dismissals;
    - the method of calculation of overall compensation granted to the employee in addition to redundancy payment.
    A copy of the notification must be sent to the labour authority.
    The information and consultation process starts 5 days after the notification has taken place (compared to 10 days under the 2003 LC) and shall be carried out with a view to reaching an agreement as to the extent and the effects of the measures to be adopted and other measures aimed at reducing the number of workers to be dismissed, notably.
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    Having reached an agreement, or in the absence thereof, 15 days after the initial communication (previously 20 days under the 2003 LC), the employer notifies each employee, in writing, of its final dismissal decision, indicating the reasons for the dismissal and the and date of termination. The contract of employment will only terminate after the expiry of the notice period, the duration of which varies between 15 and 75 days according to the employee's length of service and is identical to the notice period for individual dismissals.

Notificación a la administración:

Remarks:
  • A copy of the initial notification of the proposed collective dismissal to the workers' representative shall also be sent to the relevant service of the labour ministry. (art. 360(5) LC). A representative from the Labour Ministry will also take part in the negotiation procedure, although with a limited role to ensuring the material and procedural regularity of the process and promoting conciliation.
    (Art. 362 LC).
    In addition, at the time, the final decision is communicated to the employee, the employer is required to send the Ministry of Labour the minutes of the consultation meeting, and information on each employees affected by the collective dismissal (including their name, address, date of birth, hiring date, social security situation, profession, category, salary, the measures decided and their planned implementation date (art. 363(3) LC).

Notificación a los representantes de los trabajadores :

Remarks:
  • See remarks under "prior consultation"
    (art. 360-361 LC).

Aprobación de la administración publica o de organismos judiciales : No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): No

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, in the case of dismissals based on the elimination of a job position (individual redundancy, which may concern more than one employee but less that the required threshold for a collective dismissal, when selecting the employee to be made redundant, the employer must take into account the following criteria, in the following order:
    - shorter length of service in the same post,
    - shorter length of service in the occupational category,
    - lower rank class of the occupational category,
    - shorter length of service in the enterprise (art. 368(2) LC).

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):

Remarks:
  • The consultation process shall cover measures aimed at reducing the number of workers to be dismissed, notably:
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    (art. 361 LC)

Reglas de prioridad para la re-contratación: No

+ show references

Definición de despido colectivo (número de empleados afectados):
A collective dismissal occurs when the employer terminates, either simultaneously or within a period of three months, the contracts of employment of:
- at least 2 workers in micro and small enterprises (= with fewer than 50 workers) or
- at least 5 worker in medium and large enterprises (= with at least 50 workers).

Remarks:
  • Art. 359 LC.
    In addition collective dismissals are only allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

Consultación previa con los sindicatos (representantes de los trabajadores) :

Remarks:
  • Arts. 360-361 LC.
    The employer must notify, for information and consultation, in writing the works council or, in its absence the inter-trade union committee or in the union representing the affected workers (or in their absence ad-hoc appointed representatives designated by the workers)
    The written notification shall include:
    - the reasons for the collective dismissal;
    - the organisational chart of the enterprise ;
    - the criteria used in the selection of employees to be dismissed;
    - the number and categories of the affected employees;
    - the time-frame for the dismissals;
    - the method of calculation of overall compensation granted to the employee in addition to redundancy payment.
    A copy of the notification must be sent to the labour authority.
    The information and consultation process starts 5 days after the notification has taken place (compared to 10 days under the 2003 LC) and shall be carried out with a view to reaching an agreement as to the extent and the effects of the measures to be adopted and other measures aimed at reducing the number of workers to be dismissed, notably.
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    Having reached an agreement, or in the absence thereof, 15 days after the initial communication (previously 20 days under the 2003 LC), the employer notifies each employee, in writing, of its final dismissal decision, indicating the reasons for the dismissal and the and date of termination. The contract of employment will only terminate after the expiry of the notice period, the duration of which varies between 15 and 75 days according to the employee's length of service and is identical to the notice period for individual dismissals.

Notificación a la administración:

Remarks:
  • A copy of the initial notification of the proposed collective dismissal to the workers' representative shall also be sent to the relevant service of the labour ministry. (art. 360(5) LC). A representative from the Labour Ministry will also take part in the negotiation procedure, although with a limited role to ensuring the material and procedural regularity of the process and promoting conciliation.
    (Art. 362 LC).
    In addition, at the time, the final decision is communicated to the employee, the employer is required to send the Ministry of Labour the minutes of the consultation meeting, and information on each employees affected by the collective dismissal (including their name, address, date of birth, hiring date, social security situation, profession, category, salary, the measures decided and their planned implementation date (art. 363(3) LC).

Notificación a los representantes de los trabajadores :

Remarks:
  • See remarks under "prior consultation"
    (art. 360-361 LC).

Aprobación de la administración publica o de organismos judiciales : No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): No

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, in the case of dismissals based on the elimination of a job position (individual redundancy, which may concern more than one employee but less that the required threshold for a collective dismissal, when selecting the employee to be made redundant, the employer must take into account the following criteria, in the following order:
    - shorter length of service in the same post,
    - shorter length of service in the occupational category,
    - lower rank class of the occupational category,
    - shorter length of service in the enterprise (art. 368(2) LC).

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):

Remarks:
  • The consultation process shall cover measures aimed at reducing the number of workers to be dismissed, notably:
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    (art. 361 LC)

Reglas de prioridad para la re-contratación: No

+ show references

Definición de despido colectivo (número de empleados afectados):
A collective dismissal occurs when the employer terminates, either simultaneously or within a period of three months, the contracts of employment of:
- at least 2 workers in micro and small enterprises (= with fewer than 50 workers) or
- at least 5 worker in medium and large enterprises (= with at least 50 workers).

Remarks:
  • Art. 359 LC.
    In addition collective dismissals are only allowed on the grounds of the closure of one or more departments, or the need to reduce the workforce for structural, technological or economic reasons (art. 359(1) LC).

Consultación previa con los sindicatos (representantes de los trabajadores) :

Remarks:
  • Arts. 360-361 LC.
    The employer must notify, for information and consultation, in writing the works council or, in its absence the inter-trade union committee or in the union representing the affected workers (or in their absence ad-hoc appointed representatives designated by the workers)
    The written notification shall include:
    - the reasons for the collective dismissal;
    - the organisational chart of the enterprise ;
    - the criteria used in the selection of employees to be dismissed;
    - the number and categories of the affected employees;
    - the time-frame for the dismissals;
    - the method of calculation of overall compensation granted to the employee in addition to redundancy payment.
    A copy of the notification must be sent to the labour authority.
    The information and consultation process starts 5 days after the notification has taken place (compared to 10 days under the 2003 LC) and shall be carried out with a view to reaching an agreement as to the extent and the effects of the measures to be adopted and other measures aimed at reducing the number of workers to be dismissed, notably.
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    Having reached an agreement, or in the absence thereof, 15 days after the initial communication (previously 20 days under the 2003 LC), the employer notifies each employee, in writing, of its final dismissal decision, indicating the reasons for the dismissal and the and date of termination. The contract of employment will only terminate after the expiry of the notice period, the duration of which varies between 15 and 75 days according to the employee's length of service and is identical to the notice period for individual dismissals.

Notificación a la administración:

Remarks:
  • A copy of the initial notification of the proposed collective dismissal to the workers' representative shall also be sent to the relevant service of the labour ministry. (art. 360(5) LC). A representative from the Labour Ministry will also take part in the negotiation procedure, although with a limited role to ensuring the material and procedural regularity of the process and promoting conciliation.
    (Art. 362 LC).
    In addition, at the time, the final decision is communicated to the employee, the employer is required to send the Ministry of Labour the minutes of the consultation meeting, and information on each employees affected by the collective dismissal (including their name, address, date of birth, hiring date, social security situation, profession, category, salary, the measures decided and their planned implementation date (art. 363(3) LC).

Notificación a los representantes de los trabajadores :

Remarks:
  • See remarks under "prior consultation"
    (art. 360-361 LC).

Aprobación de la administración publica o de organismos judiciales : No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): No

Remarks:
  • There are no statutory selection criteria to be observed in the event of a collective dismissal. Selection criteria are part of the elements to be communicated to the workers' representatives within the information and consultation process (art. 360(2)c) LC).

    However, in the case of dismissals based on the elimination of a job position (individual redundancy, which may concern more than one employee but less that the required threshold for a collective dismissal, when selecting the employee to be made redundant, the employer must take into account the following criteria, in the following order:
    - shorter length of service in the same post,
    - shorter length of service in the occupational category,
    - lower rank class of the occupational category,
    - shorter length of service in the enterprise (art. 368(2) LC).

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):

Remarks:
  • The consultation process shall cover measures aimed at reducing the number of workers to be dismissed, notably:
    - suspension of the employment contracts;
    - work reduction;
    - professional retraining and reclassification;
    - pre-retirement and early retirement.
    (art. 361 LC)

Reglas de prioridad para la re-contratación: No