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Portugal - Fuentes y ámbito de aplicación



Referencias
  • Labour Code (Lei n.º 7/2009) of 12 February 2009, as amended by Law 53/2011 of 14 October 2011, Law 23/2012 of 25 June 2012, Law 47/ 2012 of 29 August 2012, Law 69/2013 of 30 august 2013, Law 27/2014 of 8 May 2014, Law 55/2014 of 25 August 2014 (in Portuguese only)
    Fecha: 25 Aug 2014; ver la pagina web » (ver en NATLEX »)
  • Law 76/2013 of 7 November 2013, establishing an additional extraordinary regime of renewal of fixed-term contracts.
    Fecha: 07 Nov 2013; ver la pagina web »
  • Law 3/2012 of 10 January, establishing an extraordinary regime of renewal for fixed-term contracts (in Portuguese only)
    Fecha: 10 Jan 2012; ver la pagina web »
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): 10
Remarks:
  • There is general exclusion from the Labour Code based on the size of the enterprise.
    However, there are specific rules/exemptions applicable to small enterprises with regard to termination of employment:
    - The disciplinary dismissal procedure in micro enterprises (which defined as those having fewer than 10 workers) is simplified. In particular, under article 358(1) LC, in case of a dismissal of a worker who is not a member of a Worker's Commission or a trade union representative, there is no mandatory intervention by collective worker representation structures in the proceedings as it is the case under the general rules.
    - In addition, with respect to remedies for unfair dismissal in micro enterprises, the employer may oppose the reinstatement if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)

Categorías de trabajadores excluidas : funcionarios publicos ; ditectores
Remarks:
  • The Labour Code does not expressly exclude from its entire scope any category of worker.
    However, public servants and public employee are governed by specific rules. In particular establishment and termination of employment of those workers are regulated by Act No 12-A/2008 of 27 February 2008 and Act No 59/2008.
    While certain workers are covered by the system of indefinite appointment (armed forces, security services, criminal investigation services, public safety services and inspection services) in which case, termination of employment is limited, the majority of the workers in the public administration are under a public functions employment contract. For those workers hired after 1 January 2009, the rules applicable to termination of those types of contract are similar to those contained in the labour code. The grounds for termination include collective dismissal, dismissal due to the abolition of the position, unsuitability for the job in addition to disciplinary dismissals.

    In addition, in the Labour Code, there are specific rules applicable to the termination of employment of senior managers.
    First of all, in the case of the dismissal of a workers holding administrative of managerial positions (as it is the case for all workers in micro enterprises - see below), the employer may oppose the reinstatement if it can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)
    Lastly, it is worth mentioning that the LC allows for specific contracts (temporary service commission contracts - contrato de trabalho em comissão de serviço) to be concluded with a certain number of workers. These are: managing directors, support personnel and secretarial positions connected with those positions, and other functions provided under collective regulatory instrument which imply a special relationship based on trust. In addition to those categories already included in the 2003 LC, the 2009 LC extended this type of contracts to workers performing managerial functions directly under the general manager, or equivalent (second-line managers). The main feature of this service commission contract is that it can be terminated by either party without the need for a valid reason provided that the notice and severance pay requirements are observed. Depending on the period of service under such contract, notice period shall be 30 days (less than 2 years) or 60 days (2 years or more). Alternatively, if no notice is given, workers are entitled to pay in lieu of notice. Lastly, if the service commission contract is terminated by the employer without any wrongdoing of the worker, the worker will be entitled to severance pay equal to 1 month's pay for each full year of service but not less than 3 months' pay (see arts. 161-164 LC).


Referencias
NOTE: This information has changed since the previous period covered.
  • Labour Code (Lei n.º 7/2009) of 12 February 2009 as amended by Law 53/2011 of 14 October 2011, Law 23/2012 of 25 June 2012, Law 47/ 2012 of 29 August 2012, Law 69/2013 of 30 august 2013.
    Fecha: 30 Aug 2013; ver la pagina web » (ver en NATLEX »)
  • Law 76/2013 of 7 November 2013, establishing an additional extraordinary regime of renewal of fixed-term contracts.
    Fecha: 07 Nov 2013; ver la pagina web »
  • Law 3/2012 of 10 January, establishing an extraordinary regime of renewal for fixed-term contracts (in Portuguese only)
    Fecha: 10 Jan 2012; ver la pagina web »
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): 10
Remarks:
  • There is general exclusion from the Labour Code based on the size of the enterprise.
    However, there are specific rules/exemptions applicable to small enterprises with regard to termination of employment:
    - The disciplinary dismissal procedure in micro enterprises (which defined as those having fewer than 10 workers) is simplified. In particular, under article 358(1) LC, in case of a dismissal of a worker who is not a member of a Worker's Commission or a trade union representative, there is no mandatory intervention by collective worker representation structures in the proceedings as it is the case under the general rules.
    - In addition, with respect to remedies for unfair dismissal in micro enterprises, the employer may oppose the reinstatement if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)

Categorías de trabajadores excluidas : funcionarios publicos ; ditectores
Remarks:
  • The Labour Code does not expressly exclude from its entire scope any category of worker.
    However, public servants and public employee are governed by specific rules. In particular establishment and termination of employment of those workers are regulated by Act No 12-A/2008 of 27 February 2008 and Act No 59/2008.
    While certain workers are covered by the system of indefinite appointment (armed forces, security services, criminal investigation services, public safety services and inspection services) in which case, termination of employment is limited, the majority of the workers in the public administration are under a public functions employment contract. For those workers hired after 1 January 2009, the rules applicable to termination of those types of contract are similar to those contained in the labour code. The grounds for termination include collective dismissal, dismissal due to the abolition of the position, unsuitability for the job in addition to disciplinary dismissals.

    In addition, in the Labour Code, there are specific rules applicable to the termination of employment of senior managers.
    First of all, in the case of the dismissal of a workers holding administrative of managerial positions (as it is the case for all workers in micro enterprises - see below), the employer may oppose the reinstatement if it can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)
    Lastly, it is worth mentioning that the LC allows for specific contracts (temporary service commission contracts - contrato de trabalho em comissão de serviço) to be concluded with a certain number of workers. These are: managing directors, support personnel and secretarial positions connected with those positions, and other functions provided under collective regulatory instrument which imply a special relationship based on trust. In addition to those categories already included in the 2003 LC, the 2009 LC extended this type of contracts to workers performing managerial functions directly under the general manager, or equivalent (second-line managers). The main feature of this service commission contract is that it can be terminated by either party without the need for a valid reason provided that the notice and severance pay requirements are observed. Depending on the period of service under such contract, notice period shall be 30 days (less than 2 years) or 60 days (2 years or more). Alternatively, if no notice is given, workers are entitled to pay in lieu of notice. Lastly, if the service commission contract is terminated by the employer without any wrongdoing of the worker, the worker will be entitled to severance pay equal to 1 month's pay for each full year of service but not less than 3 months' pay (see arts. 161-164 LC).


Referencias
NOTE: This information has changed since the previous period covered.
  • Law 3/2012 of 10 January, establishing an extraordinary regime of renewal for fixed-term contracts (in Portuguese only)
    Fecha: 10 Jan 2012; ver la pagina web »
  • Labour Code (Lei n.º 7/2009) of 12 February 2009, as amended by Law 53/2011 of 14 October 2011, Law 23/2012 of 25 June 2012, Law 47/ 2012 of 29 August 2012 (in Portuguese only)
    Fecha: 12 Feb 2009; ver la pagina web » (ver en NATLEX »)
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): 10
Remarks:
  • There is general exclusion from the Labour Code based on the size of the enterprise.
    However, there are specific rules/exemptions applicable to small enterprises with regard to termination of employment:
    - The disciplinary dismissal procedure in micro enterprises (which defined as those having fewer than 10 workers) is simplified. In particular, under article 358(1) LC, in case of a dismissal of a worker who is not a member of a Worker's Commission or a trade union representative, there is no mandatory intervention by collective worker representation structures in the proceedings as it is the case under the general rules.
    - In addition, with respect to remedies for unfair dismissal in micro enterprises, the employer may oppose the reinstatement if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)

Categorías de trabajadores excluidas : funcionarios publicos ; ditectores
Remarks:
  • The Labour Code does not expressly exclude from its entire scope any category of worker.
    However, public servants and public employee are governed by specific rules. In particular establishment and termination of employment of those workers are regulated by Act No 12-A/2008 of 27 February 2008 and Act No 59/2008.
    While certain workers are covered by the system of indefinite appointment (armed forces, security services, criminal investigation services, public safety services and inspection services) in which case, termination of employment is limited, the majority of the workers in the public administration are under a public functions employment contract. For those workers hired after 1 January 2009, the rules applicable to termination of those types of contract are similar to those contained in the labour code. The grounds for termination include collective dismissal, dismissal due to the abolition of the position, unsuitability for the job in addition to disciplinary dismissals.

    In addition, in the Labour Code, there are specific rules applicable to the termination of employment of senior managers.
    First of all, in the case of the dismissal of a workers holding administrative of managerial positions (as it is the case for all workers in micro enterprises - see below), the employer may oppose the reinstatement if it can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)
    Lastly, it is worth mentioning that the LC allows for specific contracts (temporary service commission contracts - contrato de trabalho em comissão de serviço) to be concluded with a certain number of workers. These are: managing directors, support personnel and secretarial positions connected with those positions, and other functions provided under collective regulatory instrument which imply a special relationship based on trust. In addition to those categories already included in the 2003 LC, the 2009 LC extended this type of contracts to workers performing managerial functions directly under the general manager, or equivalent (second-line managers). The main feature of this service commission contract is that it can be terminated by either party without the need for a valid reason provided that the notice and severance pay requirements are observed. Depending on the period of service under such contract, notice period shall be 30 days (less than 2 years) or 60 days (2 years or more). Alternatively, if no notice is given, workers are entitled to pay in lieu of notice. Lastly, if the service commission contract is terminated by the employer without any wrongdoing of the worker, the worker will be entitled to severance pay equal to 1 month's pay for each full year of service but not less than 3 months' pay (see arts. 161-164 LC).


Referencias
  • Labour Code (Lei n.º 7/2009) of 12 February 2009 (in Portuguese only)
    Fecha: 12 Feb 2009; ver la pagina web » (ver en NATLEX »)
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): 10
Remarks:
  • There is general exclusion from the Labour Code based on the size of the enterprise.
    However, there are specific rules/exemptions applicable to small enterprises with regard to termination of employment:
    - The disciplinary dismissal procedure in micro enterprises (which defined as those having fewer than 10 workers) is simplified. In particular, under article 358(1) LC, in case of a dismissal of a worker who is not a member of a Worker's Commission or a trade union representative, there is no mandatory intervention by collective worker representation structures in the proceedings as it is the case under the general rules.
    - In addition, with respect to remedies for unfair dismissal in micro enterprises, the employer may oppose the reinstatement if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)

Categorías de trabajadores excluidas : funcionarios publicos ; ditectores
Remarks:
  • The Labour Code does not expressly exclude from its entire scope any category of worker.
    However, public servants and public employee are governed by specific rules. In particular establishment and termination of employment of those workers are regulated by Act No 12-A/2008 of 27 February 2008 and Act No 59/2008.
    While certain workers are covered by the system of indefinite appointment (armed forces, security services, criminal investigation services, public safety services and inspection services) in which case, termination of employment is limited, the majority of the workers in the public administration are under a public functions employment contract. For those workers hired after 1 January 2009, the rules applicable to termination of those types of contract are similar to those contained in the labour code. The grounds for termination include collective dismissal, dismissal due to the abolition of the position, unsuitability for the job in addition to disciplinary dismissals.

    In addition, in the Labour Code, there are specific rules applicable to the termination of employment of senior managers.
    First of all, in the case of the dismissal of a workers holding administrative of managerial positions (as it is the case for all workers in micro enterprises - see below), the employer may oppose the reinstatement if it can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)
    Lastly, it is worth mentioning that the LC allows for specific contracts (temporary service commission contracts - contrato de trabalho em comissão de serviço) to be concluded with a certain number of workers. These are: managing directors, support personnel and secretarial positions connected with those positions, and other functions provided under collective regulatory instrument which imply a special relationship based on trust. In addition to those categories already included in the 2003 LC, the 2009 LC extended this type of contracts to workers performing managerial functions directly under the general manager, or equivalent (second-line managers). The main feature of this service commission contract is that it can be terminated by either party without the need for a valid reason provided that the notice and severance pay requirements are observed. Depending on the period of service under such contract, notice period shall be 30 days (less than 2 years) or 60 days (2 years or more). Alternatively, if no notice is given, workers are entitled to pay in lieu of notice. Lastly, if the service commission contract is terminated by the employer without any wrongdoing of the worker, the worker will be entitled to severance pay equal to 1 month's pay for each full year of service but not less than 3 months' pay (see arts. 161-164 LC).


Referencias
  • Labour Code (Lei n.º 7/2009) of 12 February 2009 (in Portuguese only)
    Fecha: 12 Feb 2009; ver la pagina web » (ver en NATLEX »)
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): 10
Remarks:
  • There is general exclusion from the Labour Code based on the size of the enterprise.
    However, there are specific rules/exemptions applicable to small enterprises with regard to termination of employment:
    - The disciplinary dismissal procedure in micro enterprises (which defined as those having fewer than 10 workers) is simplified. In particular, under article 358(1) LC, in case of a dismissal of a worker who is not a member of a Worker's Commission or a trade union representative, there is no mandatory intervention by collective worker representation structures in the proceedings as it is the case under the general rules.
    - In addition, with respect to remedies for unfair dismissal in micro enterprises, the employer may oppose the reinstatement if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)

Categorías de trabajadores excluidas : funcionarios publicos ; ditectores
Remarks:
  • The Labour Code does not expressly exclude from its entire scope any category of worker.
    However, public servants and public employee are governed by specific rules. In particular establishment and termination of employment of those workers are regulated by Act No 12-A/2008 of 27 February 2008 and Act No 59/2008.
    While certain workers are covered by the system of indefinite appointment (armed forces, security services, criminal investigation services, public safety services and inspection services) in which case, termination of employment is limited, the majority of the workers in the public administration are under a public functions employment contract. For those workers hired after 1 January 2009, the rules applicable to termination of those types of contract are similar to those contained in the labour code. The grounds for termination include collective dismissal, dismissal due to the abolition of the position, unsuitability for the job in addition to disciplinary dismissals.

    In addition, in the Labour Code, there are specific rules applicable to the termination of employment of senior managers.
    First of all, in the case of the dismissal of a workers holding administrative of managerial positions (as it is the case for all workers in micro enterprises - see below), the employer may oppose the reinstatement if it can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)
    Lastly, it is worth mentioning that the LC allows for specific contracts (temporary service commission contracts - contrato de trabalho em comissão de serviço) to be concluded with a certain number of workers. These are: managing directors, support personnel and secretarial positions connected with those positions, and other functions provided under collective regulatory instrument which imply a special relationship based on trust. In addition to those categories already included in the 2003 LC, the 2009 LC extended this type of contracts to workers performing managerial functions directly under the general manager, or equivalent (second-line managers). The main feature of this service commission contract is that it can be terminated by either party without the need for a valid reason provided that the notice and severance pay requirements are observed. Depending on the period of service under such contract, notice period shall be 30 days (less than 2 years) or 60 days (2 years or more). Alternatively, if no notice is given, workers are entitled to pay in lieu of notice. Lastly, if the service commission contract is terminated by the employer without any wrongdoing of the worker, the worker will be entitled to severance pay equal to 1 month's pay for each full year of service but not less than 3 months' pay (see arts. 161-164 LC).


Referencias
  • Labour Code (Lei n.º 7/2009) of 12 February 2009 (in Portuguese only)
    Fecha: 12 Feb 2009; ver la pagina web » (ver en NATLEX »)
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): 10
Remarks:
  • There is general exclusion from the Labour Code based on the size of the enterprise.
    However, there are specific rules/exemptions applicable to small enterprises with regard to termination of employment:
    - The disciplinary dismissal procedure in micro enterprises (which defined as those having fewer than 10 workers) is simplified. In particular, under article 358(1) LC, in case of a dismissal of a worker who is not a member of a Worker's Commission or a trade union representative, there is no mandatory intervention by collective worker representation structures in the proceedings as it is the case under the general rules.
    - In addition, with respect to remedies for unfair dismissal in micro enterprises, the employer may oppose the reinstatement if he/she can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)

Categorías de trabajadores excluidas : funcionarios publicos ; ditectores
Remarks:
  • The Labour Code does not expressly exclude from its entire scope any category of worker.
    However, public servants and public employee are governed by specific rules. In particular establishment and termination of employment of those workers are regulated by Act No 12-A/2008 of 27 February 2008 and Act No 59/2008.
    While certain workers are covered by the system of indefinite appointment (armed forces, security services, criminal investigation services, public safety services and inspection services) in which case, termination of employment is limited, the majority of the workers in the public administration are under a public functions employment contract. For those workers hired after 1 January 2009, the rules applicable to termination of those types of contract are similar to those contained in the labour code. The grounds for termination include collective dismissal, dismissal due to the abolition of the position, unsuitability for the job in addition to disciplinary dismissals.

    In addition, in the Labour Code, there are specific rules applicable to the termination of employment of senior managers.
    First of all, in the case of the dismissal of a workers holding administrative of managerial positions (as it is the case for all workers in micro enterprises - see below), the employer may oppose the reinstatement if it can demonstrate that the return of the worker would be seriously prejudicial and disruptive to the functioning of the enterprise. This faculty to oppose reinstatement is not given to the employer whenever it is proven that he deliberately invented the grounds for that opposition and in the event the dismissal was based on political, ideological, ethnic or religious grounds.
    When the opposition to reinstatement is accepted, the employee is entitled to compensation in lieu of reinstatement which is calculated at the court's discretion, between 30 and 60 days of wages for each year of service but shall no be less than 6 months' wages. (art. 392 LC)
    Lastly, it is worth mentioning that the LC allows for specific contracts (temporary service commission contracts - contrato de trabalho em comissão de serviço) to be concluded with a certain number of workers. These are: managing directors, support personnel and secretarial positions connected with those positions, and other functions provided under collective regulatory instrument which imply a special relationship based on trust. In addition to those categories already included in the 2003 LC, the 2009 LC extended this type of contracts to workers performing managerial functions directly under the general manager, or equivalent (second-line managers). The main feature of this service commission contract is that it can be terminated by either party without the need for a valid reason provided that the notice and severance pay requirements are observed. Depending on the period of service under such contract, notice period shall be 30 days (less than 2 years) or 60 days (2 years or more). Alternatively, if no notice is given, workers are entitled to pay in lieu of notice. Lastly, if the service commission contract is terminated by the employer without any wrongdoing of the worker, the worker will be entitled to severance pay equal to 1 month's pay for each full year of service but not less than 3 months' pay (see arts. 161-164 LC).

Notas / Comentarios
This EPLex profile for 2009 reflects the state of the 2009, that is under the 2009 Labour Code which reformed the 2003 Labour Code.