Background information

Decree Law No. 2-B/2020 of 2 April, which renewed the state of emergency concerning COVID-19 pandemic (declared on 18 March 2020), established in article 29 measures applying to the National Health Service suspending the termination of any employment contracts (open ended or fixed term) as well as of contracts for the provision of services with independent workers, and extends any kind of term contracts, during the state of emergency

Content of measure

The measure suspends, temporarily and exceptionally, the possibility of terminating the employment contracts of professionals linked to services and establishments integrated in the National Health Service, regardless of the legal nature of the employment relationship, either at the initiative of the employer or by initiative of the worker, except in exceptional situations duly substantiated and authorized by the governing body.

The provisions of the preceding paragraph also apply to the termination of individual contract and termination of employment contracts in public functions. Fixed-term employment contracts, whose expiry should operate in this period are considered automatically and exceptionally extended until the end of the state of emergency and possibly renewed. While the declaration of a state of emergency is in force, the possibility of terminating service provision contracts is also suspended, temporarily and exceptionally.

Use of measure

The Decree no. 3-A / 2021 of 14 January 2021 that regulates the 'state of emergency decreed by the President of the Republic establishes a rule on the 'Exceptional suspension of termination of employment contracts' Article 9 determines that during the period of validity of the 'state of emergency', the possibility of terminating contracts is temporarily and exceptionally suspended due to imperative service needs, relation to health professionals linked to services and establishments integrated in the National Health Service (SNS), regardless of the legal nature of the employment relationship, either by initiative of the employer, either on the initiative of the worker

Target groups

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

Actors and funding

Actors	Funding
National government Local / regional government Public support service providers	No special funding required

Social partners

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

	Trade unions	Employers' organisations
Role	Informed	Informed
Form	Not applicable	Not applicable

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

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

Involvement

Employer and trade union confederations were informed at the tripartite Standing Committee for Social Concertation

Views and reactions

Employer and trade union confederations were informed at the tripartite Standing Committee for Social Concertation.

Sectors and occupations

This case is not occupation-specific.

Sources

• 13 March 2020: Decreto-Lei n.º 10-A/2020, Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-1 (dre.pt)
• 02 April 2020: Decreto n.º 2-B/2020, Diário da República n.º 66/2020, 2º Suplemento, Série I de 2020-04-02 (dre.pt)
• 01 May 2020: Decreto-Lei n.º 20/2020 de 1 de Maio (dre.pt)
• 07 May 2020: Decreto-Lei n.º 20-C/202 (dre.pt)
• 16 May 2020: Decreto-Lei n.º 22/202 (dre.pt)
• 29 May 2020: Decreto-Lei n.º 24-A/2020 (data.dre.pt)
• 29 September 2020: Decreto-Lei n.º 78-A/2020 (data.dre.pt)
• 30 December 2020: Decreto-Lei nº 106-A/2020 (dre.pt)
• 14 January 2021: Decreto n.º 3-A/2021 (dre.pt)
• 29 September 2021: Decreto-Lei n.º 78-A/2021 (data.dre.pt)
• 22 October 2021: Decreto-Lei n.º 10-A/2020 consolidad (dre.pt)