Background information

This exceptional and temporary measure, set by Decree-Law 10-G/2020 of 26 March, simplifies the implementation and sets new conditions to the temporary measure provided for in the Ordinance 71-A/2020 of 15 March to respond to the COVID-19 pandemic, which introduced exceptional changes to the regime defined by Labour Code (Law 7/2009) on training during the period of temporary reduction of the normal working time or suspension of the employment contract in a situation of business crisis.

The measure aims at supporting vocational training during the period of reduction or suspension. This measure adds the following main provisions: the support to the extraordinary training plan is cumulative to the extraordinary support to the maintenance of the employment contract; the support to the extraordinary training plan has no defined duration (formerly one month duration); and revises the terms to set the amount of the training grant.

Content of measure

Article 7 of Decree law 10-G/2020 sets that companies in crisis situation as a result of:

• a complete halt in the activity; or
• an abrupt and sharp decrease of activity of at least 40% of invoicing;

Have access to support to an extraordinary training plan. This is cumulative to the extraordinary support to the maintenance of the employment contract.

The training plan is approved by the Institute of Employment and Vocational Training (Instituto do Emprego e Formação Profissional, I. P., IEFP, I. P.) and is supplemented by a training grant. As provided for in paragraph 5, article 305 of the Labour Code, this training grant is equal to 30% of the social support index (€438.81 in 2020 x 30% = €131.6), paid in equal parts to the employer and to the worker.

The training plan is organized by IEFP, I.P. and implemented in articulation with the company. Whenever possible, this may be developed as distance training. The duration of the training should not be longer than 50% of the normal working time.

Use of measure

According to the report by Mamede and Silva (coord. 2021, O Estado da Nação e as Políticas Públicas 2021 - Governar em Estado de Emergência), the simplifed layoff protected employment in the short-term but did not take advantage of the opportunity for training. Between March and July 2020, 1.25% of the workers covered by lay-off were included in training plans, corresponding to 342 (0.3%) of the 113,000 businesses that made use of the lay-off measure.

Target groups

Workers	Businesses	Citizens
Employees in standard employment	Does not apply to businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Trade unions Employers' organisations Company / Companies Public employment service	European Funds National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: Peak or cross-sectoral level

Involvement

Social partners were consulted at the tripartite social dialogue - Standing Committee for Social Concertation (Comissão Permanente de Concertação Social – CPCS).

Views and reactions

The social partners were consulted at the Standing Committee for Social Concertation. Their views are not known.

Sources

• 15 March 2020: Portaria nº. 71-A/2020, Diário da República n.º 52-A/2020, 1º Suplemento, Série I de 2020-03-15 (dre.pt)
• 20 March 2020: Decreto-Lei n.º 10-G/2020, Diário da República n.º 61/2020 Suplemento, Série I de 2020-03- (dre.pt)
• 01 July 2021: O Estado da Nação e as Políticas Públicas 2021 - Governar em Estado de Emergência (ipps.iscte-iul.pt)