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-2021-11/1849 – measures in Portugal
|Country||Portugal , applies nationwide|
|Time period||Temporary, 09 March 2021 – 09 March 2023|
|Type||Legislations or other statutory regulations|
Promoting the economic, labour market and social recovery
|Author||Maria da Paz Campos Lima (CESIS)|
|Measure added||12 April 2021 (updated 10 May 2021)|
The Law no. 11/2021 of 9 March 2021 suspends exceptionally the deadlines associated with the survival and expiry of collective agreements for a period of 24 months. In the text send by for the consultation of the social partners, the government indicates [SRC.PT/3546] that the measure is intended to prevent unilateral decisions aimed at the expiry of collective agreements, taking into account the following arguments:
The Law no. 11/2021 of 9 March 2021 suspends exceptionally, for a period of 24 months, the deadlines - provided for in article 501 of the Labour Code, approved by Law no. 7/2009, of 12 February - concerning the survival of collective agreements. It applies to:
The Law applies to collective bargaining in the private sector and in public owned companies but not in public administration.
All salaried workers and companies in the private sector and public owned companies.
Employees in standard employment
||Applies to all businesses||Does not apply to citizens|
Social partners jointly
Company / Companies
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|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:
The proposed measure was foreseen by the Council of Ministers of 8 October and announced on 13 October in the context of parliamentary debate of the state budget proposal for 2021. On 15 October, the government presented a document about the state budget proposal at the Standing Committee for Social Concertation (CPCS) which included the proposed measure. Later, the government called a specific meeting of the CPCS to take place on 30 October to discuss the measure with social partners, asking them to provide a written opinion on the proposed measure [SRC.PT/3546] until the 3th of November. On the 5th of November the Council of the Ministers announced the proposal of law - Bill 63/XIV - that was submitted to the discussion and approval by the parliament. Following this, social partners had the possibility to express directly their views about the Bill 63/XIV in the subsequent public period of consultation (30 days according to Labour Code Articles 469 to 475). The Bill was approved by the Parliament on 29 January 2021.
Eurofound (2021), Exceptional suspension of deadlines associated with survival and expiry of collective agreements, measure PT-2021-11/1849 (measures in Portugal), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/PT-2021-11_1849.html
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Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process.