Eurofound's EU PolicyWatch collates information on the responses of government and social partners to the COVID-19 crisis, the war in Ukraine, rising inflation, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.
Factsheet for measure PT-2020-14/316 – Updated – measures in Portugal
Country | Portugal , applies nationwide |
Time period | Open ended, started on 03 April 2020 |
Context | COVID-19 |
Type | Legislations or other statutory regulations |
Category |
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 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
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.
The following updates to this measure have been made after it came into effect.
14 January 2021 |
The Decree no. 3-A / 2021 of 14 January 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. |
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
Workers | Businesses | Citizens |
---|---|---|
Employees in standard employment
Self-employed |
Does not apply to businesses | Does not apply to citizens |
Actors | Funding |
---|---|
National government
Local / regional government Public support service providers |
No special funding required
|
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:
Employer and trade union confederations were informed at the tripartite Standing Committee for Social Concertation
Employer and trade union confederations were informed at the tripartite Standing Committee for Social Concertation.
This case is sector-specific
Economic area | Sector (NACE level 2) |
---|---|
Q - Human Health And Social Work Activities | Q86 Human health activities |
This case is not occupation-specific.
Citation
Eurofound (2020), Exceptional suspension of termination of employment contracts in NationalExceptional suspension of termination of employment in Health Servic, measure PT-2020-14/316 (measures in Portugal), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/PT-2020-14_316.html
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