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Factsheet for measure PT-2020-14/312 – measures in Portugal
|Country||Portugal , applies nationwide|
|Time period||Open ended, started on 03 April 2020|
|Type||Legislations or other statutory regulations|
Promoting the economic, labour market and social recovery
– Flexibilisation and security
|Author||Heloisa Perista and Maria da Paz Campos Lima (CESIS) and Eurofound|
|Measure added||06 April 2020 (updated 31 May 2021)|
Decree Law No. 2-B/2020 of 02 April, which renewed the state of emergency concerning COVID-19 pandemic (declared on 18 March 2020), established in article 24 the reinforcement of resources and powers of the Authority for Working Conditions. Paragraphs 1 to 3 of Article 24 of the Decree give more power to the Authority for Working Conditions in order to ensure workers' rights and prevent and control illegal dismissals, and notify employers when required to regularize the situation.
Paragraph 1 of Article 24 establishes that, during the term of Decree Law No. 2-B/2020 of 2 April, in order to reinforce the rights and guarantees of workers, whenever the labour inspector verifies the existence of evidence of a dismissal in violation of articles 381, 382, 383 or 384 of the Labour Code (approved by Law no. 7/2009, of February 12), in its current wording, draws up a report and notifies the employer to regularize the situation. Paragraph 2 establishes that after that notification to the employer and until the situation of the worker is regularized or the judicial decision is res judicata, as the case may be, the employment contract in question does not end, maintaining all the rights of the parties, namely the right to remuneration, as well as the inherent obligations under the general social security regime. To this aim the provisions of paragraph 3 speed up the processes of requisition of services and geographical mobility of labour inspectors and of experts of labour inspection and envisages also the recruitment of external services.
Employees in standard employment
||Does not apply to businesses||Does not apply to citizens|
Company / Companies
Public employment service
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
Employer and trade union confederations were informed at the tripartite Standing Committee for Social Concertation.
Eurofound (2020), Reinforcement of resources and powers of the authority for working conditions (ACT), measure PT-2020-14/312 (measures in Portugal), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/PT-2020-14_312.html
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Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process.