Key Benefits:
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PROPOSED LAW NO. 216 /X
1. The Labour Code, adopted by Law 99/2003 of August 27, proceeded to
revision and unification of labour law, until then dispersed by numerous diplomas. Part
significant of its provisions came into force later than was anticipated
initially, because they had to wait for the entry into force of Law 35/2004, 29 of
July, which, following the systematizing concern of the Code, finds itself organized
by chapters that correspond, as a rule, to the sequence of the provisions of the Code that
take care of regulating.
Such laws foresee their review within four years, counted from their entry
in force.
2. Giving fulfillment to such commands and, on the other hand, what has left vert in the
its Programme, the XVII Constitutional Government has set out a strategy of revising the
labour legislation. After the work of assessing the impact of legislation on social reality
and economic and diagnostic needs for legislative intervention, has been fostered the
debate within the social dialogue and boosted the discussion, at the headquarters of social consultation.
3. In a first initiative, aligned with the commitments made in the Programme
of the Government and boosted by the tripartie agreement reached in concert
social, on July 18, 2005, Law 9/2006, of March 20, corporated an initiative
urgent legislative, which has introduced amendments to the Labour Code in the direction of facilitating
the production of instruments at the level of collective contracting and to create a model of
mandatory arbitration that would allow it to overcome the roadblocks that hampered dialogue
social.
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4. Afterwards, the Green Paper on Labor Relations, presented and
submitted for public discussion on April 20, 2006, pointed to the need for
modernise the labour legal planning, while an instrument-oriented tool
of the desirable levels of competitiveness of business and development of the economy and
to the solution of the problems with which they were faced, in particular, some sectors and, having in
account, on the other hand, the needs for adjustment or reaction to the recent trends of
changes in employment, working conditions, labour relations and indicators of the
unemployment. The Green Paper was launching a widespread public debate, particularly fertile
within the Standing Committee on Social Concertation (CPCS).
5. It is in this context that the Resolution of the Council of Ministers No. 160/2006, 30 of
November, created the Committee on the White Paper of Labor Relations (CLBRL), composed
by a group of experts with the mission to produce a diagnosis the needs of
legislative intervention, taking into account the set of conclusions verted in the Green Paper,
particularly in employment, social protection and labour relations.
6. From the presentation of the progress report of CLBRL's work to the Commission
Permanent of Social Concertation, on May 31, 2007, resulted in initiatives of
issuance of opinions by various entities, including the partners with seat
in that Standing Committee, documents that were appreciated and taken into account
during the subsequent works of the White Paper Commission.
7. The White Paper of Labor Relations (LBRL), final report of the Commission that was
published in November 2007 and which constituted, also he, the target of debate at the headquarters of
Standing Committee on Social Concertation, identifies the main problems of the
economic and social reality of the country and sets out the proposals for legislative intervention that
considers it suitable.
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The proposed solutions relate to the need to intervene in the sense: i) of the
systematization of the legislative acquis; ii) of the promotion of internal flexibility of companies,
of the improvement of possibilities for the reconciliation of working life with personal life and
family, gender equality; iii) of the improvement of the articulation between the law, the conventions
work collective and labour contracts; iv) of debureaucratization and simplification
of the relationship between the companies and the employees, and of one another with the
Public Administration.
Of the public appreciation of the LBRL, between December 20, 2007 and January 31, 2008,
has resulted in an extended public discussion and a vast pool of input from society
civil and social partners.
It is in the wake of these events that the Government, on April 22, 2008, presents
to the Standing Council on Social Concern a document that should serve as a basis for
formalization of a new agreement in the regulation of labour relations, of
social protection and employment, and in which it reflects the reception of the generality of proposals
presented by CLBRL in the regard to systematization and simplification of the instruments
legislative in force, in particular, of the Labor Code and its Regulation.
Reflected in that document will, likewise, concern about the need for
take on a social commitment capable of compatibilising the requirements of competitiveness
of the companies with the valorisation of social dialogue and to promote the necessary reform to the
combination between the inevitable intervention in the field of labour legislation and the
necessary changes in social protection and employment systems. In that sense, the
revision of labour law falls under a broader reform strategy, which provides for
the creation of other instruments indispensable to the effective economic growth, to the
improvement of business competitiveness, increased productivity, improvement of the
employability of citizens and the quality of employment, a northerly strategy,
also in the direction of combating inequalities and promoting more equitable sharing
of the results of economic progress.
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8. It is in this programmatic framework and with this scenario of intensive and broadened debate,
that the Government and the majority of the partners with a seat in CPCS reached, in 25 of
June 2008, the tripartie agreement that was at the origin of the legislative initiative that is now
concretiza, which will be complemented by specific interventions in the area of protection
social and employment, and which is, therefore, the result of an enlightened reflection,
participatory and sedimented over a period of two years.
The significance of the economic and social implications of a reform like this could not,
for, prescinding of the dialogue that preceded it and which is capable of legitimizing the set of
proposed solutions, and which, necessarily, should occur yet before the start of the
parliamentary debate.
Thus, in compliance with the provisions of Article 20 of Law 99/2003 of August 27, in the
article 9 of Law 35/2004 of July 29 and in accordance with what has been verted in the Programme
of the XVII Constitutional Government, the present proposal of the Act proceeds to the revision of the Code
of the Work and the respective regulations. It is thus proposed in the follow-up to the
proposed plasmade in the White Paper of Labour Relations, a normative framework more
effective, which unifies the two main legislative instruments that discipline relations
of work-the Labor Code and its Regulation-, making them more intelligible,
more accessible, being predictable the gains at the level of the actual disclosure of your
normative content by the recipients and thus also with regard to their
compliance. It is also underlying the intention to simplify and de-bureaucratize aspects
of the relations between workers, employers and the Administration and, well, the purpose
of, also by that other route, to strengthen the effective compliance of the legislation, inclusive , in the
respect for compliance with the sanctionatory regime associated with it. Take advantage,
finally, to make systematic adjustments and improve aspects of
rationalization.
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With the proposed changes, it fosters the adaptability of companies and facilitates the
reconciliation between the working life and the personal and family life of the employees. In this
measure, remain the limits of the length of working time-either normal, or
supplementary-and increase the mechanisms of relaxation by individual negotiating and
collective. Among the innovative schemes are the possibility of creation of " banks of
hours ", setting times which concentrate the duration of the work for a few days
of the week, of adoption of specifically vocated measures for some sectors of
activity with a marked incidence of seasonality, such as the very short contract
duration in agriculture, the special holiday scheme in tourism or the contract of employment
intermittent without term.
The scheme for the protection of maternity and paternity provided for in the Labour Code is
object of significant changes, materialize important mechanisms of
facilitation of the reconciliation of family life with the professional life, promotion of the
gender equality, in a logic of equality of opportunity between men and women,
not only with respect to employment and working conditions, but also and, in this
point with a particularly innovative character in the framework of the exercise of the rights of the
parenthood. With the proposed scheme, protection in adoption goes on to benefit from the
same regime as motherhood and parenthood, safeguarding the specificities that
are inherent, thus correcting a solution, of deep injustice and inequality
social, which did not come by valuing and recognizing the importance of the institute of adoption,
either for the role it plays in Portuguese society, or for the greatness of the values
who are associated with you and who justify also your deserved tutelage.
On the other hand, with a view to promoting the dynamics of collective bargaining,
simplify the administrative requirements of the negotiating processes, the regime of
overlapse and lapse of collective labour agreements, it is explained and improves
the articulation between these and law and widens the casting of the subject-regulating subjects
collective. Thus, the effectiveness of the normative framework is increased, at the same time as it is created
a scenario favourable to the strengthening of the protagonism of the social partners in the definition of the
directions of change of social and economic reality.
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In matters of termination of the employment contract, while fully respecting the principle
constitutional prohibition of dismissal without fair cause, the proposal simplifies and
shortens the disciplinary procedure and increases the legal certainty of the parties to the proceedings
of dismissal, guaranteed the reinforcement of the tutelage of the pregnant worker, puérpera or
lactating and aggravating the counter-ordinations provided for the violation of rules of
procedure in the case of worker representative union worker.
Finally, with the desideratum of fighting precariousness and the segmentation of markets
of work, the assumptions that operate for the presumption of the characterization of the work are changed.
contract of employment and it creates a new counterordinance, considered very serious,
to comet the situations of dissimulation of contract of employment, with the desideratum of
combat the recourse to 'false green receipts' and improve the effectiveness of surveillance in this
domain.
9. As proposed in the White Paper of Labor Relations, of the review of the
Labour and Law Code that regulates the regulation will result in the incorporation of part
substantial of the normative content of the latter in the articulation of the new Code of the
I work and, well, the approval of other diplomas that will complement it, having by
object: (i) the legal regime of the work at the domicile; (ii) that of the Salarial Guarantee Fund;
(iii) the matter of safety, hygiene and health at work, as well as that of accidents at
work and occupational diseases; (iv) the scheme of the European works councils; (v) a
discipline of mandatory or necessary arbitration of emerging collective conflicts of
collective bargaining and the arbitration of setting minimum services in situations of
strike, in addition to (vi) aspects of regulation of the Code.
In the Labour Code, the main changes in what it is about with your organisation
systematic are as follows:
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Incorporation of regimes that are listed in Law No 35/2004 of July 29,
referring to: (i) posting of workers; (ii) personality rights; (iii)
equality and non-discrimination; (iv) licences, waivers and falters, working regimes
special and protection in dismissal, within the scope of maternity protection and
of paternity; (v) regulation of light works provided by minor; (vi)
labour-student; (vii) foreign and stateless workers; (viii) training
professional; (ix) periods of operation, working hours, provision of
night work, supplementary work; (x) falters for assistance to members of the
family aggregate; (xi) guaranteed monthly minimum consideration; (xii) reduction of the
activity and suspension of the contract of employment; (xiii) effects of non-payment
punctual of the retribution; (xiv) commissions of workers and commissions
coordinators; (xv) employee meetings in the framework of trade union activity in the
company, credits of hours and phoutings of member steering members
trade union; (xvi) participation in the drafting of the labour legislation; (xvii)
criminal and counter-ordinance liability and regime of the plurality of offences
counterordinational.
In the title relating to the employment contract, the subsection on the employer and the
company integrates provisions on the power of direction, the disciplinary power, the
internal company regulation, the types of companies and the plurality of
employers.
In the title relating to the contract of employment, the section concerning the activity of the
worker integrates the rules on change for lower category, polyvalence and
functional mobility.
In the title relating to the contract of employment, a section on modalities is expected
of contract of employment, which aggregates the scheme of the fixed-term employment contract, of the
part-time work, intermittent work, the service commission, the
telework and temporary work.
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In the title pertaining to the employment contract, the section regarding the workplace
integrates the rules on workplace transfer.
The subsection on limits on the duration of the work integrates the new provisions on
grupal adaptability, bank of hours and concentrated time.
The chapter on contract failure integrates the suspension of contract of
work for no punctual payment of the retribution.
In the chapter of termination of the contract of employment, the modalities of dismissal
on the initiative of the employer are regulated by pooling, on the one hand, the regime of the
fundamentals, procedure and rights of the worker in each modality and, by
another, the causes of ilicitude of dismissal and its effects.
The section referring to committee of workers integrates all legislation regarding
constitution, statutes, election and the rights of commission of workers, commissions
coordinators and subcommittees of workers.
The trade union associations and employers ' associations are regulated in a manner
unitary, applying to one and other the same standards when the respective
regimes are equal, and maintaining the specificities of their own particular, in the case
of trade union associations, the right of trend, the collection of trade union quotization and
the trade union activity in the company.
The typification of counter-ordinations, the respective classification as to the degree of
gravity and the typification of criminal iliytes are inserted immediately below
to the precepts to which they refer.
10. They are then highlighted the main innovative measures and the fundamental rules
that remain unchangeable:
Sources of the right of the work:
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Explains the articulation between law, instrument of collective regulation of
work and contract of work, and define the casting of the subjects whose legal standards
regulators can only be sidelisted by instrument of collective regulation of
work that, without opposition from those standards, has in a sense more favorable to the
workers.
Predicts that the instrument of collective work regulation always allows
that the contract of employment establishes more worker-friendly treatment.
Application of the right of work
Posting of workers: Establishing the duty of the employer to communicate, with
five days in advance, at the service with inspective competence of the ministry
responsible for the labour area, the identity of the workers to be highlighted for the
foreign, the respective user, the place of work, the beginning and the term foreseeable
of displacement.
Equiparous situations: the legal standards regarding personality rights,
equality and non-discrimination and safety and health at work are applicable to
situations where provision of work occurs by one person to another, without
legal subordination, where the provider of work should consider itself in the
economic dependence of the beneficiary of the activity.
Contract of work
Changes the notion of a contract of employment, specifying that the worker is a
natural person and that this provides his or her activity within the organisation of the
employer or employers.
Perfection the presumption of the existence of legal subordination and thus the
characterization of the contract as a contract of employment, based on that in the verification
of some elements contract characterizers that can act as
hints of subordination.
10
Sanitise is the dissimulation of contract of employment, by way of constituting against-
very serious ordering the provision of activity, by seemingly autonomous form,
under conditions characteristic of contract of employment, which may cause injury to the
worker or the state. The recidivism matters the application of the ancillary sanction of
deprivation of the right to subsidy or benefit heard by entity or public service,
per period up to two years. It is predicted, as to the payment of the fine, the
sympathetic responsibility among the responsible the employer, the societies that with
this one will find themselves in relations of reciprocal, domain or group shareholdings,
as well as the manager, administrator or director under certain conditions.
Equality and non-discrimination
Alarge the scope of replacement ope legis of rules contained in instrument of
collective labour regulations that are afflicted contrary to the principle of
equality, whatever the factor of discrimination in question.
Changes the definition of harassment, going on to encompass unrelated situations with
any factor of discrimination.
Protection of parenthood
Social protection matters is defined in a specific diploma where the
cast of the substitutive benefits of the unearned income during the
periods of absence to work by virtue of the exercise of the rights of
parenthood.
Consider to be equivalent to periods of parental leave the periods of grant
of the corresponding social benefits, assigned to one of the progenitors in the scope
of the previdential subsystem of Social Security or other social protection scheme
of mandatory framing.
Promotes the equality of rights with regard to the exercise of parenthood.
11
The maternity and paternity leave goes on to denominate-parental leave to which
may be initial, enjoyable enjoyment by the father or the mother.
Fosters the sharing of parental leave: without prejudice to the exclusive rights of the mother,
notably the enjoyment of the six weeks following childbirth and the possibility of
anticipate the start of the licence, the right to enjoyment of parental leave becomes of both
progenitors who jointly decide the way they will share the licence
parental. In the lack of joint decision, the law mandates that the enjoyment of the licence is from the
labour progenitor.
Widens the duration of the initial parental leave, which is increased in 30 days, in the case
of each of the parent enjoying in exclusive a period of 30 days followed or
interpolates of parental leave.
Reinforce the rights of the working parent, whether by the increase in the enjoyment period
compulsory initial leave after the birth of the child, from five to 10 working days,
being that five should be enjoyed immediately following the birth of the child,
either by the granting of optional gozo leave of 10 working days, followed or
interpolated, simultaneously with the gozo of leave by the mother.
The permit per adoption goes on to benefit from the same period of length of the licence
parental.
Grants the father the right to three waivers to work to accompany the mother to
prenatal consultations.
Grants grandparents the right to fail to work for assistance to minor grandchild, in
replacement of parents when these do not fail for the same reason or are
unable to provide the assistance due.
12
Worker-student
Foresees the possibility of assiduity control of the worker-student
directly by the employer, upon agreement with the employee, through the
administrative services of the educational establishment.
The employer and the company
Adapt the definition of micro, small, medium and large company taking into account the
provisions of the Recommendation of the European Commission of May 6, 2003 as to the
criterion of the number of workers.
Experimental period
Applies to the generality of workers the 180-day trial period,
keeping the scheme in place for senior management staff and senior staff, and it reduces
or eliminates the trial period depending on the previous hiring duration
with the same entity, whatever the modality.
Functional and geographical mobility
Establishes the two-year term limit for the duration of contractual clauses
on hypothetical modifications of the object and the place of work not activated by the
employer.
Vocational training
Standardize requirements on training in the fields of contracts to
term and contracts without a term, having the right worker, in each year, to a
minimum number of 35 hours of certified training or, being hired to term
per period equal to or greater than three months, a minimum number of proportional hours
to the duration of the contract in that year.
13
Predicts that the employer may anticipate the achievement of annual training up to two
years, or deferred it for equal period, provided that the training plan provides for it, being
that the period of anticipation is five years, in the case of process frequency of
recognition, validation and certification of skills or training that confers
double certification.
Favored access to vocational training, through better regulation
of the credit of hours for continuing education: thus, the annual training hours that
are not assured by the employer until the end of the two years later than your
maturity, turn to credit of hours in equal number for formation by
worker's initiative; the credit of hours for training is referred to the period
normal of work, confers right to retribution and counts as time of service
effective; the employee may use the credit of hours for the frequency of shares of
certified training, by communication to the employer in advance
minimum of 10 days; by instrument of collective labour regulations or
individual agreement, a subsidy may be established for payment of the cost of
training, up to the value of the consideration of the hours credit period used; in
case of cumulation of credits, the training carried out is charged to the credit won there are
longer; the credit of hours that is not used cesses past three years on the
your constitution;
Modalities of employment contract
The fixed-term employment contract can be renewed up to three times and its duration
may not exceed i) 18 months, when it comes to the person looking for first
employment; ii) two years, when it comes to the launch of new duration activity
unsure, as well as start of company or establishment laboring
the company with less than 750 employees; iii) three years, in the remaining cases.
14
The 3-year term limit of the fixed-term contracts applies to the set of the
fixed-term or temporary contracts for the same job, or of provision
of services for the same object, concluded between a worker and the same
employer or employers among whom there is a society-domain relationship
or group.
The duration of the employment contract for the uncertain term may not be more than six years.
The contract of work in agricultural seasonal activity or for event fulfillment
tourist duration of not more than one week is not subject to written form,
and the employer shall report their celebration to the competent department of the
Social Security, by electronic form.
The termination of employment contract to term by reason not attributable to the employee
, prevents new admission or allocation of worker through contract of employment to
term or temporary work the execution of which comes to fruition in the same post
work or, still, contract for the provision of services for the same object,
celebrated with the same employer or society as with this one finds in
relation of reciprocal, domain or group shareholdings, before an elapsed
period of time equivalent to 1/3 of the duration of the contract, including renovations.
It is considered to be part-time work which corresponds to a normal period of
weekly work lower than the practiced full time in comparable situation;
it is expected that, by instrument of collective labour regulations, it may
set the maximum percentage limit of the full time from which the
working time duration scheme is qualified as being of work to
partial time.
.It is seen the possibility of, in company that exerts activity with discontinuity
or variable intensity, the parties agree that the provision of work is
interstered by one or more periods of inactivity. ("intermittent work").
15
The service commission regime can also be applied to managerial directly
dependent on director-general or equivalent.
Duration and organization of working time:
Maintain the rules achieve the definition of working time, interruptions and
intervals considered to be working time and rest period.
Maintain the limits of normal daily and weekly work periods.
Maintains the regime of the adaptability of the working time, either by stipulation
in the individual contract either by collective regulation of the working time.
Foresees the possibility of, by instrument of collective regulation of
work, be instituted a grupal adaptability regime that provides that the
employer can apply such a scheme to the pool of the employees of a
team, section or economic unit if at least 60% of the employees
of this structure are by it covered, upon membership in trade union membership
celebrant of the convention and by choice of that convention as applicable, while
the employees of the team, section or economic unit concerned under
by the arrangement scheme are in number equal to or greater than the corresponding
percentage in it indicated. This modality of adaptability does not apply to
worker covered by collective convention that departs such a scheme or the
worker represented by trade union association who has deducted opposition to
would be of extension that incited over the collective agreement in question.
Foresees the possibility of, by instrument of collective regulation of
work, be instituted a grupal adaptability regime which provides that, should the
agreement that defines the normal period of work in average terms, concluded
between the employee and the employer is accepted by at least 75% of the
employees of the team, section or economic unit to whom it is directed, the
employer can apply the same scheme to the pool of the employees of that
structure, while the employees of the team, section or economic unit in
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cause that they accept the scheme to be in number equal to or greater than the corresponding
to the percentage in it indicated. This modality of adaptability does not apply to
worker covered by collective convention who otherwise possesses the
that regime.
Foresees the possibility of, by instrument of collective regulation of
work, be instituted a bank scheme of hours, in which the organisation of the
working time can be increased up to four hours daily and can reach 60
weekly hours, having the addition per limit 200 hours per year, owing to
compensation of the work provided in addition, be done by reduction
equivalent of the working time, payment in cash or both
modalities.
Foresees the possibility of, by instrument of collective regulation of
work or agreement between employer and employee, be created a regime of
concentrated time, where normal period of daily work can be
increased up to 12 hours, to concentrate weekly work in three or four days
consecutive, owing to the duration of the normal weekly working period to be
respected on average of a reference period up to 45 days.
Keep the rules reaching the scheme of the working hours exemption.
Maintain the maximum duration limits of the work of night workers.
Maintain the maximum limits of supplementary work.
Foresees the possibility of the rules on paid compensatory rest
on supplementary work provided on a working day, on a day of rest
complimentary or on holiday can be turned away by instrument of
collective labour regulations setting out the compensation for the provision
of supplementary work by equivalent reduction of working time,
payment in cash or both modalities.
17
Predicts that the worker, by his / her initiative and with the agreement of the employer,
may have absences to paid work by compensating them with work that,
in such cases, no supplementary work is considered.
Maintains the minimum duration of the interim rest periods, daily, weekly and
annual.
Holiday
Maintains the rule of increase for the duration of the holiday period in the case of the
worker not having failed or registered only justified lines in the year to which
the holidays report, clarifying that it is considered as a period of work
effective the enjoyment period of parental leave.
Elimination of restrictions on the duration and season of the closure of the company or the
establishment for vacations.
Anticipated, for the cases of termination of contract in the calendar year subsequent to that of the
admission or when the duration is not more than 12 months, a new rule of
calculation of the total cape of the holidays or the corresponding consideration to which the
worker is entitled, clarifying that this may not exceed the
proportional to the annual holiday period, taking into account the duration of the contract.
Faltas
Qualifies as a justified lack of motivated by displacement of establishment
of teaching responsible for the education of minor by reason of the situation
education of this, for the time strictly necessary, up to four hours per
quarter, by each child.
Qualify as justified the flawings of candidate for political office, in the
terms of the corresponding electoral law.
18
Envisage the possibility of pushing aside the provisions on the grounds of
justification of falters and their duration, in relation to elected worker to
structure of collective representation of workers, by means of instrument
of collective labour regulations or by contract of employment, provided that
in a more favorable sense to the worker.
Consagra-if the right of the worker to fail to work up to 15 days per year
to provide unavoidable and necessary assistance, in the event of illness or
accident, in addition to the spouse or person living in a de facto union or
common economy with the worker, also the relative or afim in the recta line
rising, not requiring belonging to the same household, or in the 2.
degree of the collateral line.
Temporary reduction of the normal period of work or suspension of the contract of employment
by fact concerning the employer
Provision for vocational training, to be attended by workers during the course of the
period of reduction or suspension, shall be directed towards the viabilization of the company and
the maintenance of the jobs, or the development of qualification
professional of workers who increase their employability.
Termination of employment contract
a) Dismissal by fact attributable to the worker
Maintains the ban on dismissal without just cause or political motives
or ideological.
Maintains the imperativity of the termination scheme of the labor contract, in the
sense of not being able to be sidelined by instrument of collective regulation of
work or by contract of employment, save as to the criteria of definition of
compensation, the deadlines for procedure and prior notice and as to the values
of claims, which may, within the limits set by the Code of the
Work, be regulated by instrument of collective work regulation.
19
Redefine the cast of the modalities of termination of the contract of employment,
passing the predate: (a) lapse; (b) revocation; (c) dismissal by fact
imputable to the worker; d) collective dismissal; and) dismissal by extinction
of the job posting; f) dismissal by inadaptation; g) resolution by the
worker; h) denunciation by the worker.
Maintains the notion of just cause of dismissal.
Holds the requirement for a guilty note, accompanied by communication to the committee
of workers and, in the case that the employee is trade union representative, to the association
trade union respective. It remains the consecration of the principle of the adversarial,
explained through the guarantees of the right to consult the process and the right to
response to the bill of guilt, opportunity for the worker to deduce in writing what
understand that releva for your defense and promote the instructional representations that
have it suitable for the clearance of the truth. It allows, as yet, that the
worker decide that the opinion on the process is issued by a given
trade union association, on replacement of the commission of workers.
Eliminates the mandatory character of the instruction by passing the caber to the employer
decide on the realization of the required probatory representations in the response to the
note of guilt, except in the case that the dismissal respects the worker
pregnant, puerpera or lactating.
Demands that, in the case of the employer choosing not to carry out the representations
probattories required by the worker, the decision can only be taken after
decorations five working days after the reception of the opinions of the representatives of the
employees or the course of the period for the purpose or, if there is no commission
of workers and the employee is not trade union representative, after receipt
of the response to the bill of guilt or the course of the period for this purpose.
20
Holds the requirement for the dismissal decision to be substantiated and
record of written document, which is communicated, by copy or transcription, to the
worker, to the commission of workers, or to the respective trade union association,
case that is trade union representative.
Agrays the counter-ordinations provided for the violation of rules of
procedure of the dismissal by fact attributable to the worker, passing from
serious to very serious, in the case of this being trade union representative.
b) collective dismissal
Reduces to five days later than the date of initial communication the deadline for the
employer to promote a phase of information and negotiation with the structure
representative of workers, with a view to an agreement on size and effects
of the measures to be implemented and, as well, of other measures that reduce the number of
workers to say goodbye.
Establish new deadlines for prior notice in the event of collective dismissal:
a) Fifteen Days, in the case of an employee with seniority less than one year;
b) 30 days, in the case of an employee with seniority equal to or greater than one year and
less than five years;
c) 60 days, in the case of worker with seniority equal to or above five years
and less than 10 years;
d) 75 days, in the case of worker with seniority equal to or above 10 years.
Clarifies that, not being observed the minimum advance notice period of
collective dismissal, the contract cessa decorrides sixty days from the
dismissal communication, and the employer must pay the retribution
corresponding to this period.
21
Dismissal for extinction of the job posting
Establish advance warning deadlines equal to those set for the
collective dismissal.
Dismissal for inadaptation
Establish advance warning deadlines equal to those set for the
collective dismissal.
Ilicitude of dismissal
Consagra itself as general grounds for ilicitude of dismissal to non-solicitation
to appear in advance by the employer to the competent entity in the area of equality of
opportunities between men and women in case of pregnant worker, puérpera
or lactating or worker during the enjoyment of initial parental leave, in
any of its modalities.
Consagra itself as the foundation of ilicitude of collective dismissal the application
by the employee of discriminatory criterion in the selection of workers to
say goodbye.
Reduces to 60 days the deadline to be brought for action of judicial appreciation of
ilicitude of dismissal, counted from the reception of the communication of
dismissal.
Consagra-if the 60-day deadline to intry the judicial action of appreciation of the
liceness of dismissal.
Consagra is the principle that the court should always pronounce on the
verification and provenance of the grounds relied on for dismissal, without
prejudice to the appreciation of formal vices.
22
Consagra that, in the event of ilicitude of dismissal, the reinstatement of the
worker will take place in the same establishment of the company, without prejudice to his
category and seniority.
Consagra that, in the case of ilicitude of dismissal, the option of the worker by
compensation in replacement of the reintegration should be done by the end of the
discussion at final hearing of trial.
Clarifies the criterion of the degree of ilicitude relevant to graduating the compensation
substitutive reintegration.
Consagra that, in cases where there occurs mere irregularity substantiated in
deficiency of procedure that does not determine the ilicitude of dismissal, if
are proceeded the grounds justifying the dismissal, the worker has
only right to compensation corresponding to half of the value why it could
opt in case of ilicitude of dismissal.
Eliminates the possibility of reopening the disciplinary process, in cases where
is not determined the ilicitude of the dismissal, by virtue of the verification of mere
irregularity founded on a deficiency of procedure.
Collective subjects:
Among the structures of collective representation of workers, they become
expressly referred to the representatives of workers for safety and
health at work and rent themselves to other structures provided for in specific law, such as the
board of workers in European society or in co-operative society
European.
It is Allows that the convenor of general assembly of trade union membership or
association of employers be communicated in writing to all associates, in
replacement of their publication in a newspaper,
23
Provides for the statutes of committee of workers, coordinating committees,
trade union associations and employers ' associations are delivered, for registration,
in electronic document, so as to facilitate the electronic publishing of the Bulletin of the
Work and Employment.
Within the framework of the assessment of the legality of the statutes of structures of representation
collective of employees and employers ' associations, it is expected that the
competent department of the ministry responsible for the labour area, if the statutes
contain provisions contrary to the law, notifies the organisation concerned so that
this has the possibility to amend the same provisions, within 180 days,
prior to the sending of the reasoned assessment on the legality of the statutes to the
magistrate of the Public Prosecutor's Office with the competent court.
In the same scope, it is further provided that, should the statutes contain provision
contrary to the law, action will take place on the action to the judicial declaration, not of extinction
of the association, but of nullity of that provision if the matter in question is regulated
by imperative law or if the regulation of the same is not essential to the
operation of the organization.
Determines that the statutes of trade union associations, associations of
employers, employee commissions, and coordinating commissions behollable in the
date of entry into force of this Law that are not in accordance with the
constant regime of the Labour Code should be reviewed within three years;
to the assessment of the legality of such statutes shall be applicable to the scheme established in the
Code of Work.
Foresees for the voluntary extinction of trade union association or association of
employers a procedure, analogous to that of the constitution, conducive to
judicial appreciation of the extinction deliberation to which, in the case of disconformity
with the law or bylaws, may lead to the judicial declaration of invalidity of the
deliberation.
24
Within the scope of the right of information and consultation of trade union delegates, stand out
exception regarding establishment with less than 20 workers belonging to
medium or large company, to suit the scheme to the provisions of Directive n.
2002 /14/CE, of the European Parliament and of the Council of March 11.
Instruments of collective work regulation
Predicts that the employment contract, when it establishes more favorable conditions
for the worker, can always drive away instrument provisions from
collective labour regulations, eliminating the possibility of this impeding
the prevalence of the most favorable work contract.
Establishes a reasoned assessment procedure on the legality, in
equality and non-discrimination, from the provisions of collective agreements
and arbitral decisions, subsequent to the respective publication, which may lead to the
judicial declaration of the invalidity of those provisions, in action proposed by the
Prosecutor's Office; the null discriminatory provisions consider themselves to be substituted
by the most favourable provisions applicable to the generality of employees.
Maintains that there is no initial deadline for the submission of review proposal
of a collective convention, going on to predict that the addressee entity may
refuse to negotiate before six months of the convention shall elapse,
and shall inform the bidder within 10 working days.
In celebration of collective convention, it remains that this may be
signed by person holder of written mandate with powers to hire, which
must be conferred by the trade union association or employers ' association, in the
terms of the respective statutes.
Allows union memberships to confirm the other representation structure
collective of the workers powers to hire with company with at least
500 workers.
25
Predicts that the collective convention shall regulate the effects of it arising, in
case of expiry, in respect of the workers covered by it, until the
entry into force of another instrument of collective labour regulation.
Expected the consolidated text to accompany the third partial review
consecutive of a convention, for deposit effect, be signed on the same
the terms of the convention, and that the same, in the event of divergence, prevails over the
texts to which you refer.
Collective convention and consolidated text must be delivered in document
electronic, so as to facilitate the electronic publishing of the Bulletin of Labour and Employment .
Allows the unfiltered worker in any trade union membership to choose
as applicable a collective convention or arbitration award applicable within the framework of the
company, and that such application censure if the employee is covered by another
convention concluded by trade union association in which it subsequently filings itself.
Allows the collective agreement to determine that the worker does not
unionized that the choice as applicable pay determined amount to the
trade union association celebrant, title of comparticipation in the charges of the
negotiation.
In respect of the term of the collective agreement, it is expected that this
beholsed by the time frame of it or, failing that, by the deadline of one year, and that the
same shall renew pursuant to it provided for or by successive deadlines of one year.
Foresees that either Party may denounce the collective agreement by
written communication addressed to the other party, as long as it is accompanied by
proposal for a global review; however, it does not consider itself to be a mere proposal of
review of convention.
26
On the matter of overlapse and expiry of collective convention, it shall establish itself
that the convention clause that makes it conditional on the termination of this of the
replacement with another instrument lapse decorated five years over the last
full publication of the convention, the denunciation of the convention or the proposal of
review of the convention which includes the revision of the said clause.
Provision for a transitional arrangements applicable to the previous collective agreement that
contains clause that makes the cessation of its term of the replacement conditional on
another instrument, according to which the convention, in case of its expiry not
has occurred on a previous date, cesses its effects on the date of the entry into force
of this Law, verified the following facts:
i) The last full publication of the convention containing the said clause
has entered into force for at least five years;
ii) The convention has been denounced validly in the duration of the Code of the
Work;
iii) Tenham elapsed at least 18 months from the complaint;
iv) There has been no revision of the convention after the complaint.
The convention in question lapses, checking all other facts as soon as
they have elapsed 18 months from the complaint.
Anticipated, in articulation with the expiry of collective agreements, the institution
of arbitration required, to be determined in the case of, after the expiry of one or
more collective agreements applicable to a company, group of companies or sector
of activity, not to be celebrated new convention in the subsequent 12 months and not
there is another convention applicable to at least 50% of employees of the same
company, group of companies or sector of business; the required arbitration can
be required by any of the parties in the 12 months following the course of time
of 12 months after the expiry of the convention.
27
On mandatory arbitration, the same can be determined to
application from any of the parties only when dealing with resulting conflict
of the celebration of the first convention.
The extension of collective convention or arbitral decision passes the power to take place, in the
scope of the same sector of activity and professional, in a diverse area of the
referred to as the instrument, even if in this there is trade union association or association of
employers; they remain, however, the rule arising from the competition regime of
instruments according to which the extension does not apply within the framework of other
existing conventions, as well as the procedure of not covering workers
or employers when the respective representative associations request it.
Reduces from 15 to 10 days after the application, the deadline for commencement of the procedure of
conciliation of collective conflicts of work.
Establishes that the assessment of the request for mediation of collective conflicts of
work and the appointment of mediator must take place within 10 days.
In line with the prediction that the collective convention regulates services
necessary for the safety and maintenance of equipment and facilities and the services
minimums indispensable to occur to the satisfaction of social needs
impretertibles, the convention is allowed to dispense the advance notice of strike of
contain proposal on the same services, and in this case identify
duly the convention concerned.
In the framework of the exception to the ban on replacement of strikers in the event of
non-compliance with the minimum services, the company is expected to contract for
carry out tasks of striking workers should restrict their activity to the strict
measure necessary for the provision of these services.
28
Predicts that, in relation to the negotiation of minimum services to be provided during the
strike, in case there were for two substantially identical previous strikes,
definition of minimum services by arbitration with equal content, the service
competent from the ministry responsible for the labour area must propose to the parties that
accept that definition, and the possible rejection shall appear in the minutes of the negotiation.
Predicts that, once certain minimum services are to be provided during the strike,
the representatives of the workers who designate the adstry workers to the
provision of these services must, within the same period, inform the fact that
employer.
Provides that the instrument provisions of collective regulation of
work contrary to imperative standards of the Labour Code must be
changed in the first review that occurs within 12 months after the entry in
vigour of the law, under penalty of nullity.
Counter-labour orders
In respect of subjects responsible for labour counter-ordinations, it is expected that the
employer is responsible for counterordinance practiced by their workers
in the exercise of their respective functions.
In the frame of the reinforcement of ancillary sanctions, it is expected that in the case of against-
very serious ordering or re-incidence in serious counterordinance, practiced
with dolo or gross negligence, be applied to the agent the ancillary sanction of
advertising, and which, taking into account the gravy effects for the employee or the
economic benefit withdrawn by the employer with the default, may
still be applied the ancillary sanctions of the interdiction of the activity exercise in the
establishment, fApril unit or shipyard where to check the offence, by a
period up to two years or deprivation of the right to participate in arrepings or
public tenders, for a period up to two years.
29
It is anticipated that the ancillary sanction of publicity may be waived, having in
account for the circumstances of the offence, if the agent has immediately paid the fine to
that it is convicted and if it has not practiced any serious counterordinance or
very serious in the previous five years.
Provides for the ancillary sanction of publicity to be included in the inclusion in registration
public, made available on the e-page of the service with competence
inspective of the ministry responsible for the labour area, of an extract with the
characterization of the counterordinance, the violated standard, the identification of the offender, the
activity sector, the place of the practice of the offence and the sanction applied.
This proposal, to be submitted to the Assembly of the Republic, aims to create in Portugal a new
commitment between rights and labour duties, based on a more effective normative framework and
in the development of the role of social partners in socio-economic regulation, and reflects
the constant measures of the agreement reached with the social partners at the headquarters of
Social Concertation.
The self-governing bodies of the Autonomous Regions, as well as the
National Data Protection Commission, and must ensure all procedures
necessary for the guarantee of the participation of the representative structures of the employees and
employers, in compliance with the provisions of the Articles 524 and following of the Code of
Work and point (s) a) of Article 56 (2) of the Constitution.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
30
Article 1.
Approval of the Labour Code
The Labour Code is hereby approved, which is published in annex to this Law and it is part of it
member.
Article 2.
Transposition of Community Directives
The Labour Code transposes to the internal legal order, in whole or in part, the
following community directives:
a) Council Directive No 91 /533/CEE of October 14 on the obligation of the
employer to inform the employee about the conditions applicable to the contract or to the
working relationship;
b) Council Directive No 92 /85/CEE of October 19 on the implementation
of measures to promote the improvement of the safety and health of the
pregnant workers, puerpeas or lactating at work;
c) Council Directive No 94 /33/CE of June 22 on the protection of young people
in the work;
d) Council Directive No 96 /34/CE of June 3 on the framework agreement on
the parental leave entered into by the Union of the Confederations of Industry and the
Employers of Europe (UNICE), by the European Centre for Public Enterprises
(CEEP) and by the European Confederation of Trade Unions (CES);
e) Directive No. 96 /71/CE, of the European Parliament and of the Council of December 16,
on the posting of workers in the context of a provision of services;
f) Council Directive No 97 /81/CE of December 15 on the Agreement
framework on part-time work celebrated by UNICE, CEEP and by the
CES;
31
g) Council Directive No 98 /59/CE of July 20 on the approximation of the
legislations of the Member States relating to collective redundancies;
h) Council Directive No 1999 /70/CE of June 28 on the framework agreement
CES, UNICE and CEEP pertaining to fixed-term employment contracts;
i) Council Directive No 2000 /43/CE of June 29 implementing the principle of
equal treatment among persons, without distinction of racial or ethnic origin;
j) Council Directive No 2000 /78/CE of November 27 laying down a
general framework of equal treatment in employment and professional activity;
l) Council Directive No 2001 /23/CE of March 12 on the approximation of the
legislations of the Member States relating to the maintenance of the rights of the
workers in the event of a transfer of business or establishments, or from
parts of companies or establishments;
m) Directive No. 2002 /14/CE, of the European Parliament and of the Council of March 11,
establishing a general framework relating to information and consultation of employees in the
European Community;
n) Directive No. 2003 /88/CE, of the European Parliament and of the Council, of 4 of
November, relating to certain aspects of the organisation of working time;
o) Directive 2006 /54/CE, of the European Parliament and of the Council of July 5, 2006,
on the application of the principle of equal treatment between men and women
in areas linked to employment and professional activity (revamping).
Article 3.
Autonomous work of minor
1-The minor under the age of 16 years can not be hired to perform a
paid activity provided with autonomy, except if it has completed the
compulsory education and treat yourself to light work.
32
2-To the conclusion of the contract provided for in the preceding paragraph shall apply to the general rules
provided for in the Civil Code.
3-Light work is considered for the purposes of paragraph 1 to those which are so defined for the
contract of employment concluded with a minor.
4-At the smallest that carries out activities with autonomy apply the established limitations
for the contract of employment concluded with a minor.
Article 4.
Accidents at work and occupational diseases
1-The scheme relating to accidents at work and occupational diseases, provided for in the articles
282. and 283. of the Labor Code, with the necessary adaptations, shall also apply:
a) The practitioner, apprentice, trainee and too many situations that should consider themselves
vocational training;
b) The administrator, director, manager or equate, with no contract of employment, that is
remunerated for such activity;
c) The provider of work, without legal subordination, which develops its activity in the
economic dependence, in accordance with Article 11 of the Labour Code.
2-The employee who pursues activity on his own shall carry out insurance that
guarantee the payment of the benefits provided for in the articles indicated in the preceding paragraph and
respective regulatory legislation.
33
Article 5.
Scheme of working time
The provisions of the paragraph a) of Article 196 (2) of the Labour Code shall not apply until the
entry into force of collective convention which it possesses on the matter, keeping in
vigour, during that period, the one provided for in Article 1 of Law No 21/96 of July 23, and in the
point ( a) of Article 2 (1) of Law No 73/98 of November 10.
Article 6.
Duties of the State in vocational training
1-Compete in the State to ensure citizens ' access to vocational training, allowing
to all the acquisition and the permanent update of knowledge and skills, since
the entry into working life, and provide the public supports for the operation of the system
of vocational training.
2-Compete to the State, in particular, guarantee the initial qualification of young people who
intend to join the labour market, qualification or professional conversion
of unemployed, with a view to their rapid entry into the labour market, and to promote the
socio-professional integration of groups with particular difficulties of insertion, through
of the development of special vocational training actions.
Article 7.
Application in time
1-Without prejudice to the provisions of this Article and in the following, they become subject to the scheme
of the Labour Code approved by this Law the employment contracts and the
instruments of collective work regulation concluded or adopted before the
entry into force of the said Act, save as to conditions of validity and the effects of facts
or situations totally passed previously to that time.
34
2-The provisions of instrument of collective labour regulation contrary to
imperative standards of the Labour Code should be amended in the first review that
occur within 12 months after the entry into force of this degree, under penalty of nullity.
3-The provisions of the preceding paragraph shall not convaled the instrument provisions of
collective regulation of nulas work under the repealed legislation.
4-The structures of collective representation of workers and employers
constituted before the entry into force of the Labour Code become subject to the scheme
in it instituted, save as to the conditions of validity and the effects related to the
respective constitution or modification.
5-The regime established in the Labour Code, annexed to this Law, does not apply to
situations constituted or initiated prior to their entry into force and relating to:
a) Duration of experimental period;
b) Time limits for limitation and expiry;
c) Procedures for the application of sanctions, as well as for the termination of contract of
work;
d) Duration of contract of work to term.
Article 8.
Revision of existing statutes
1-The statutes of trade union associations, employers ' associations, commissions of
workers and coordinating commissions prevailing on the date of the entry into force of the present
law that do not conform to the constant regime of the Labour Code
must be reviewed within three years.
35
2-Elapsed the time limit referred to in the preceding paragraph, the competent department of the ministry
responsible for the labour area proceeds to the reasoned assessment of the legality of the
statutes that have not been revised and, should there be provisions contrary to the law, it notifies the
structure in question for this amendment to amend the statutes, within 180 days.
3-If there is amendment of statutes within the period referred to in the preceding paragraph, the
provisions of the Labour Code.
4-In case there is no change of statutes within the time referred to in paragraph 2, the service therein
mentioned referred to the magistrate of the Prosecutor's Office in the competent court a
reasoned assessment of the legality of the same, for the purposes set out in the n.
8 and 9 of Article 445 of the Labour Code.
5-Should the reasoned assessment of the legality of the statutes conclude that no
there are provisions contrary to the law, the case is referred to the magistrate of the Ministry
Public.
Article 9.
Transitional arrangements for overlapse and lapse of collective convention
1-A specific regime of expiry of collective convention of which it is established is hereby established
clause that will make the cessation of its replacement effective on the other
tool for collective work regulation, according to the figures
following.
2-A The collective agreement shall lapse on the date of the entry into force of this Law, verified
the following facts:
a) The last full publication of the Convention containing the clause as referred to in paragraph 1
has entered into force for at least five years;
b) The convention has been denounced validly in the duration of the Labour Code;
c) They have elapsed at least 18 months from the complaint;
d) There has been no revision of the convention after the complaint.
36
3-A The convention referred to in paragraph 1 also lapses, by checking all other facts,
as soon as 18 months elapse from the complaint.
4-The provisions of paragraphs 2 and 3 shall be without prejudice to the situations of recognition of the expiry
of that convention reported the previous time.
5-The notice on the date of the termination of the Convention shall be published:
a) Officiously, should there have been any previous application whose indepthing has
been reasoned only in the existence of the clause referred to in paragraph 1;
b) Dependent on application, in the remaining cases.
Article 10.
Autonomous Regions
1-In the application of the Labour Code to Autonomous Regions are taken into account the
legal skills assigned to the respective regional bodies and services.
2-In The Autonomous Regions, the publications are made in the respective series of the papers
officers.
3-In The Autonomous Regions, the regulation of the conditions of admissibility of
issuance of extension portaries and portaries of working conditions competes in the
respective Regional Legislative Assemblies.
4-Autonomous Regions may establish, in accordance with their traditions, others
holidays, in addition to those provided for in the Labour Code, as long as they correspond to uses
and practices already enshrined.
5-Autonomous Regions may still regulate other labour matters set out in the
respective political-administrative statutes.
37
Article 11.
Abrogation standard
1-Are revoked:
a) The Law No. 99/2003 of August 27, in the wording given by Law No. 9/2006, of 20 of
March, and by Law No. 59/2007;
b) The Law No. 35/2004 of July 29, in the wording given by Law No. 9/2006, of 20 of
March, and by the Decree-Law No. 164/2007 of May 3;
c) The points d) a f) of Art. 2, paragraphs 2 and 9 of Article 6, paragraphs 2 and 3 of Article 13, the
articles 7, 14 to 40, 42, 44 in the part on counter-ordinations for violation of
repealed standards and paragraph 1 and 1 d) and e) of Article 45 (2), all of the Law
n. 19/2007, of May 22.
2-A The revocation of the following precepts of the Labour Code produces effects to
departure from the entry into force of the diploma that regulate the same subject:
a) Articles 272 to 312, on safety, hygiene and health at work, accidents of
work and occupational diseases, in the part not referred to in the current wording of the Code;
b) Article 344, on comparticipation in the retributive compensation;
c) Articles 471 to 473, on European works councils;
d) Articles 569 and 570, on designation of arbitrators for mandatory arbitration and lists
of arbitrators;
e) Articles 630 to 640, on the procedure of labour counter-ordinations.
3-A The revocation of Articles 34 to 42 and Article 50 of the Labour Code and Articles
68 to 77, and Articles 99 to 106 of the Law No 35/2004 of July 29 on protection of the
maternity and paternity produces effects from the entry into force of the legislation that
regulate the social protection regime in parenthood.
38
4-A The revocation of Articles 414, 418, 430, 435, paragraph 2 (2) and 1 (1) of the
article 438 of the Labour Code produces effects from the entry into force of the review
of the Labor Code of Procedure.
5-A revocation of the following precepts referred to in Law No. 35/2004 of July 29 in the
wording given by Law No. 9/2006 of March 20 and by the Decree-Law No 164/2007 of 2
of May, it produces effects from the entry into force of the diploma that regular the same
matter:
a) Articles 14 to 26, on work at the domicile;
b) Articles 41 to 65, on protection of genetic heritage;
c) Articles 84 to 95, on protection of pregnant, puerd or lactating worker;
d) Articles 103 to 106, on social security arrangements in various licences, falters and
waivers;
e) Articles 107 to 113, on schemes applicable to the Public Administration;
f) Articles 115 to 126, on protection of minor at work;
g) Articles 139 to 146, on participation of minor in spectacle or other activity
of a cultural, artistic or publicized nature;
h) Articles 155 and 156, on specificities of the frequency of educational establishment
on the part of the worker-student, including when applicable to worker by
own account and the student who, being covered by the status of a worker-
student, find yourself in a situation of involuntary unemployment, enrolled in the centre of
employment;
i) Articles 165 to 167 and 170, on vocational training;
j) Article 176, on period of operation;
l) Articles 191 to 201 and 206, on sickness situation verification;
39
m) Articles 212 to 280, on safety and health at work;
n) Articles 310 to 315, on suspension of executions;
o) Articles 317 to 326, on the Salarial Guarantee Fund;
p) Articles 365 to 395, on European works councils;
q) Articles 407 to 449, on mandatory arbitration and arbitration of minimum services;
r) Articles 452 to 464, on map of the framework of personnel and social balance;
s) Articles 494 to 499, on the Commission for Equality in Work and Employment,
in the part not repealed by Decree-Law No. 164/2007 of May 3.
6-The constant sanctionatory regime of the Labour Code does not revoke any
provision of the Criminal Code.
Article 12.
Application of initial parental leave and by adoption to ongoing situations
1-The licences provided for in points a) , b) and c) of Article 40 and in Article 45 shall apply
to employees who are enjoying maternity leave, paternity and adoption in the
terms of Article 35 (para. c) of Article 36 (2), and of Article 38 of the Code of the
Work approved by Law No. 99/2003 of August 27, and pursuant to Article 68, of the
n Article 69 (3) and Article 71 of Law 35/2004 of July 29, counting, for effect
of those licences, the periods of leave enjoyment already decorated.
2-For the purpose of the provisions of the preceding paragraph, employees shall inform the
respective employers in accordance with the procedures laid down in those articles, in the
period of 15 days from the entry into force of the legislation governing the regime of
social protection in parenthood.
Article 13.
Entry into force
1-A This Law shall come into force on January 1, 2009.
40
2-Paragraphs 1, 3 and 4 of Article 355, Articles 357, 381 and 386, Article 387 (2) and
the Article 389 (1) shall come into force on the date of the expiry of the legislation which
proceed to the revision of the Labor Process Code
3-Articles 35 to 62 come into force on the effective date of the legislation that
regulate the social protection regime of parenthood.
Seen and approved in Council of Ministers of June 26, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
41
BOOK I
General part
Title I
Sources and application of labour law
CHAPTER I
Sources of the right of labour
Article 1.
Specific sources
The contract of employment shall be subject, in particular, to the instruments of regulation
working collective, as well as labour uses that do not contravene the principle of good
faith.
Article 2.
Instruments of collective work regulation
1-The instruments of collective labour regulation can be negotiated or not
negotiating.
2-The instruments of collective bargaining regulation are the convention
collective, the accession agreement and the arbitral decision in voluntary arbitration proceedings.
3-Collective conventions may be:
a) Collective contract, the convention concluded between trade union association and association of
employers;
b) Collective agreement, the convention concluded between trade union association and a plurality of
employers for different companies;
42
c) Company agreement, the convention concluded between trade union association and an employer
for a company or establishment.
4-The instruments of collective non-trade work regulation are the porterie
of extension, the porterie of working conditions and the arbitral decision in process of
mandatory arbitration.
Article 3.
Relations between sources of regulation
1-Legal employment contract regulatory standards can be sidelated by
tool for collective work regulation, save when they result in the
contrary.
2-The statutory contract rules of employment contract cannot be sidelated by
porterie of working conditions.
3-Legal employment contract regulatory standards can only be sidelated by
instrument of collective labour regulation which, without opposition from those standards,
available in a more favourable sense to employees when they respect the following
subjects:
a) Rights of personality, equality and non-discrimination;
b) Protection in parenthood;
c) Work of minors;
d) Worker with reduced work capacity, with disability or disease
chronicle;
e) Worker-studant;
f) Dever of information from the employer;
g) Limits to the duration of normal periods of daily and weekly work;
h) Minimum Duration of rest periods, including vacations;
43
i) Maximum duration of the work of night workers;
j) Form of compliance and guarantees of retribution;
l) Safety and health at work;
(m) Accidents at work and occupational diseases;
n) Transmission of company or establishment;
o) Rights of the elected representatives of workers.
4. Legal employment contract regulatory standards can only be sidelated by
individual contract that establishes more favorable conditions for the worker, if
of them not to result otherwise.
5. Where a statutory working contract regulatory standard determines that the
same can be sidelined by instrument of collective labour regulation
it is understood that it cannot be per contract of employment.
CHAPTER II
Application of the right of work
Article 4.
Law applicable to the contract of employment
1-The contract of employment shall be governed by the law chosen by the parties.
2-In the lack of applicable law choice, the employment contract is regulated by the law of the State
with which to present a narrower connection.
3-In the determination of the narrower connection, in addition to other circumstances, please attend:
a) To the law of the State in which the employee, in fulfilment of the contract, provides
habitually your work, even when you temporarily pay for it in another state;
b) To the law of the State in which the establishment where the worker was located
hired, if the latter does not usually provide for his work in the same State.
44
4-The criteria set out in the preceding paragraph may not be met when, of the
set of circumstances applicable to the situation, result that the contract of employment
features a closer connection with another state, in which case it will apply to
respective law.
5-Being applicable to the law of a particular State by virtue of the criteria set out in the
previous figures, it may be given prevalence to mandatory provisions of the law of another
State with which the situation presents a close connection if, and to the extent that, of
in accordance with the right of the latter State, those provisions shall apply,
regardless of the regulatory law of the contract.
6-For the purpose of the provisions of the preceding paragraph shall take into account the nature and the object
of the imperative provisions, as well as the resulting consequences of both the application
as of the non-application of such precepts.
7-A The choice by the parts of the law applicable to the employment contract may not have as
consequence depriving the worker of the protection which guarantees him the legal standards
regulatory imperatives of the employment contract, if it were the Portuguese law applicable in the
terms of paragraph 2.
Article 5.
Equal treatment of foreign worker or stateless
Without prejudice to the established law applicable to the posting of workers and the
provisions of the following article, the foreign worker or stateless person who is authorized to
engage in a professional activity subordinated in Portuguese territory enjoys the same
rights and is subject to the same duties as the worker with Portuguese nationality.
45
Article 6.
Form and content of contract with foreign worker or stateless
1-The contract of employment concluded with a foreign worker or stateless person is subject to
written form and must contain, without prejudice to others demanded in the case of being the term, the
following indications:
a) Identification, signatures and domicile or seat of the parties;
b) Reference to the work visa or the title of residence permit or stay
of the worker in Portuguese territory;
c) Activity of the employer;
d) contracted activity and retribution of the worker;
e) Place and normal period of work;
f) Value, periodicity and form of payment of the consideration;
g) Dates of the conclusion of the contract and the commencement of the provision of activity.
2-The employee shall still attach to the contract the identification and domicile of the person or
persons benefiting from pension in the event of death resulting from an accident at work or
occupational disease.
3-The employment contract is to be drawn up in triplicate, handing the employer a
exemplary to the worker.
4-The copy of the contract that stays with the employer must have apensos documents
proof of compliance with the legal obligations regarding entry and stay
or residence of the stateless foreign citizen in Portugal, being apse copies of the
same documents to the remaining copies.
5-The employer must report to the service with inspective competence of the ministry
responsible for the labour area, by electronic form:
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a) The conclusion of contract of employment with foreign worker or stateless person, before the
beginning of its implementation;
b) The termination of contract, in the later 15 days.
6-The provisions of this article shall not apply to the contract of employment of national citizen of
country member of the European Economic Area or of another State which consents to
equal treatment with a national citizen in free exercise of activity
professional.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 3, 4 or 5.
Article 7.
Detachment in Portuguese territory
1-Consider themselves subjected to the regime of posting the following situations, in which
the worker, hired by an employer established in another state, provides his / her
activity in Portuguese territory:
a) In execution of contract between the employer and the beneficiary who carries out the activity,
provided that the employee remains under the authority and direction of that;
b) In establishment of the same employer, or company of another employer with the
what is there a society-related relationship of reciprocal, domain or group participations;
c) In the service of a user, at the disposal of which he has been placed by working company
temporary or other company.
2-The scheme shall also apply to the posting carried out in the situations referred to in the
points (a) and (b) of the preceding paragraph by a user established in another State, under the
of the respective national legislation, provided that the contract of employment subsists during the
secondment.
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3-The secondment regime in Portuguese territory shall not apply to navigating staff
of the merchant navy.
Article 8.
Working conditions of posted worker
1-Without prejudice to more favourable regime change in law or contract of employment, the
posted worker is entitled to the working conditions laid down in law and in
collective regulation of applicable general efficacy work respecting a:
a) Security in employment;
b) Maximum duration of the working time;
(c) minimum periods of rest;
d) Fteries;
e) Minimum retribution and payment of supplementary work;
f) Cedency of workers by temporary working company;
g) occasional cementing of workers;
h) Safety and health at work;
i) Protection in parenthood;
j) Protection of the work of minors;
l) Equal treatment and non-discrimination.
2-For effect of the provisions of the preceding paragraph:
a) The minimum consideration integrates the allowances or allowances assigned to the worker because of
of the posting that do not constitute reimbursement of expenses incurred, in particular
with travel, accommodation and food;
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b) The holidays, the minimum consideration and the payment of supplementary work are not
applicable to the posting of a qualified employee by a supplier of supplier of
a good, to carry out the assembly or initial installation indispensable to your
operating, as long as it is integrated into the supply contract and its
duration is not more than eight days in the period of one year.
3-The provisions of paragraph (b) of the preceding paragraph shall not cover detachment in activities
of construction aiming at the realization, repair, maintenance, alteration or disposal of
constructions, namely excavations, landfilings, construction, assembly and disassembly of
prefabricated elements, arrangement or installation of equipment, processing,
renovation, repair, conservation or maintenance, specifically painting and cleaning,
dismantling, demolition and sanitation.
Article 9.
Posting to another State
1-The worker hired by a company established in Portugal, who pay
activity on the territory of another State in a situation referred to in Article 7, is entitled
to the working conditions laid down in the previous article, without prejudice to more
consistent favorable of the applicable law or contract.
2-The employer must communicate, five days in advance, at the service with
inspective competence of the ministry responsible for the labour area the identity of the
workers to be sing-out for the foreigner, the user, the workplace, the beginning and the
predictable term of displacement.
3-Constitute counterordinance leads to violation of the provisions of the previous number.
Article 10.
Contract of work with special arrangements
The contract of employment with special arrangements shall apply to the general rules of this Code which
are compatible with their specificity.
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Article 11.
Equated situations
The legal standards relating to rights of personality, equality and non-discrimination and
safety and health at work are applicable to situations where provision of
work by one person to another, without legal subordination, whenever the provider of
work should consider themselves in the economic dependence of the beneficiary of the activity.
Title II
Contract of work
CHAPTER I
General provisions
SECTION I
Contract of work
Article 12.
Notion of contract of employment
Contract of work is the one by which a natural person obliges himself, upon
retribution, to provide its activity to another or other persons, within the framework of organization and
under the authority of these.
Article 13.
Presumption of contract of employment
1-Presume-if the existence of contract of employment when, in the relationship between the person who
provides an activity and another or others that benefit from it, if you check some of the
following characteristics:
a) The activity is carried out on site belonging to its beneficiary or by it
determined;
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b) The equipment and working instruments used belong to the
beneficiary of the activity;
c) the provider of business shall observe hours of start and term of the provision,
determined by the beneficiary of the same;
d) Be paid, with certain periodicity, a right amount to the provider of
activity, as a counterpart of the same;
e) The business provider performs directing or managerial roles in the
organic structure of the company.
2-Constitui counterordinance very serious the provision of activity, by form
apparently autonomous, under conditions characteristic of contract of employment, which may
cause injury to the worker or the state.
3-In the event of recidivism, the ancillary sanction of deprivation of the right to allowance is applied
or benefit bestated by entity or public service, for period up to two years.
4-By the payment of the fine, they are jointly and severally liable to the employer, the
societies that with this one find themselves in relations of reciprocal, dominance
or group, as well as the manager, administrator or director, under the conditions to which
refer to Article 333 and paragraph 2 of Article 334º.
SECTION II
Subjects
SUBSECTION I
Capacity
Article 14.
General principle on capacity
The ability to conclude employment contract regulates in the general terms and by the willing
in this Code.
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SUBSECTION II
Personality rights
Article 15.
Freedom of expression and opinion
It is recognized, within the framework of the company, the freedom of expression and dissemination of the
thought and opinion, with respect to the personality rights of the worker and the
employer, including the natural persons who represent it, and of the normal
operation of the company.
Article 16.
Physical and moral integrity
The employer, including the natural persons who represent it, and the employee shall enjoy
of the right to their respective physical and moral integrity.
Article 17.
Reservation of the intimacy of private life
1-The employer and the employee must respect the personality rights of the
counterpart, by the way of which, in particular, guarding reservation as to the intimacy of life
private.
2-The right to reserve the intimacy of private life covers either access, or the
dissemination of aspects reaching the intimate and personal sphere of the Parties, namely
related to family life, affective and sexual, with the state of health and with the
political and religious beliefs.
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Article 18.
Protection of personal data
1-The employer may not require the candidate for employment or the worker who is to pay
relative information:
a) To your private life, save when these are strictly necessary and relevant to
evaluate the respective fitness with respect to the implementation of the employment contract and be
provided in writing the respective statement of reasons;
b) To your health or state of pregnancy, save when particular demands inherent in the
nature of the business activity justifies it and is provided in writing the respective
reasons.
2-The information provided for in paragraph (b) of the preceding paragraph shall be provided to medical practitioner, who
can only communicate to the employer if the employee is or is not fit to perform the
activity, unless written permission from this.
3-The candidate for employment or the worker that there is provided information from indole
personnel shall enjoy the right to the control of the respective personal data, and may take
knowledge of your content and of the purposes to which they are intended, as well as to require your rectification
and updating.
4-The computer files and accesses used by the employer for treatment of
personal data of the candidate for employment or employee becomes subject to the current legislation
on the protection of personal data.
5-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1 or 2.
Article 19.
Biometric data
1-The employer can only handle biometric data of the worker after notification to the
National Data Protection Commission.
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2-The treatment of biometric data is only allowed if the data to be used are
necessary, appropriate and commensurate with the objectives to be achieved.
3-Biometric data is conserved during the period necessary for the pursuit
of the purposes of the processing to which they are intended, and shall be destroyed at the time of
transfer of the worker to another place of work or termination of the contract of
work.
4-A notification referred to in paragraph 1 shall be accompanied by the opinion of the committee of
workers or, not being this available 10 days after the consultation, of proof of the
request to appear.
5-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 3.
Article 20.
Tests and medical examinations
1-In addition to the situations provided for in legislation on safety and health at work,
the employer may not, for the purposes of admission or stay in employment, require the
job candidate or worker to perform or submit tests or exams
physicians, of any nature, to substantiate the physical or psychic conditions, save
when they are for the purpose of the protection and safety of the employee or third parties,
or when particular demands inherent in the activity justifies it, owing in
any case being provided in writing to the candidate for employment or employee the respective
reasons.
2-The employer may not, under any circumstances, require the applicant for employment or the
worker the achievement or presentation of tests or pregnancy exams.
3-The doctor responsible for the tests and medical examinations can only communicate to the
employer whether or not the employee is fit to perform the activity, save
written authorization of this.
4-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1 or 2.
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Article 21.
Means of distance surveillance
1-The employer may not use means of distance surveillance in the workplace,
upon the employment of technological equipment, with the purpose of controlling the
professional performance of the worker.
2-A The use of equipment referred to in the preceding paragraph is lawful whenever it has by
purpose the protection and safety of persons and goods or when particular demands
inherent in the nature of the activity justifies it.
3-In the cases provided for in the preceding paragraph, the employer informs the employee about the
existence and purpose of the means of surveillance used, and shall notably affix
in the places subject to the following deceres, depending on the cases: " This site is under
surveillance of a closed circuit television "or" This site is found under surveillance of
a closed circuit of television, proceeding to the recording of image and sound ", followed by
identiactive symbol.
4-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1 and constitutes
lightweight counterordinance the violation of the provisions of paragraph 3.
Article 22.
Use of means of distance surveillance
1-A The use of means of distance surveillance in the workplace is subject to
authorization of the National Data Protection Commission.
2-A permission may only be granted if the use of the means is necessary, appropriate
and proportional to the objectives to be achieved.
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3-The personal data collected through the means of distance surveillance are
kept for the period necessary for the pursuit of the purposes of use to
which are intended, owing to be destroyed at the time of the transfer of the worker to
other place of work or termination of the employment contract.
4-The application for authorisation referred to in paragraph 1 shall be accompanied by the opinion of the
commission of workers or, not being this available 10 days after the consultation, of
proof of the request to appear.
5-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1 and constitutes
serious counterordinance the violation of the provisions of paragraph 3.
Article 23.
Confidentiality of messages and access to information
1-The worker enjoys the right of reservation and confidentiality regarding the content
of messages of a personal nature and access to information of a non-professional nature that
send, receive or consult, particularly via e-mail.
2-The provisions of the preceding paragraph shall be without prejudice to the power of the employer to establish
rules for the use of the media in the company, particularly of the mail
electronic.
SUBSECTION III
Equality and non-discrimination
DIVISION I
General provisions on equality and non-discrimination
Article 24.
Concepts in equality and non-discrimination
1-For the purposes of this Code, it shall be deemed to be:
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(a) Direct Discrimination, where, on the grounds of a factor of discrimination, a person
be subjected to treatment less favourable than the one who is, has been or comes to be
given the other person in a comparable situation;
(b) Indirect discrimination, where a provision, criterion or practice apparently
neutral is likely to place a person, on the grounds of a factor of discrimination,
in a position of a disadvantage compared to others, unless that
provision, criterion or practice is objectively justified by a legitimate end and that the
means to achieve it are appropriate and necessary;
c) Equal work, the one where the functions performed at the service of the same
employer are equal or objectively similar in nature, quality and quantity;
d) Work of equal value, the one in which the functions performed in the service of the same
employer are equivalent, listening in particular to the qualification or experience
required, the responsibilities assigned, the physical and psychic effort and the conditions in which
the work is carried out.
2-Constitutes discrimination to mere order or instruction that has for purpose prejudice
someone on the grounds of a factor of discrimination.
Article 25.
Right to equality in access to employment and work
1-The employee or candidate for employment is entitled to equal opportunities and to
treatment with regard to access to employment, training and promotion or career
professionals and the working conditions, and may not be privileged, benefited,
impaired, deprived of any right or exempt from any duty in reason,
notably, of ancestry, age, sex, sexual orientation, marital status, situation
family, economic situation, instruction, origin or social condition genetic heritage,
reduced work capacity, disability, chronic disease, nationality, ethnic origin
or race, territory of origin, language, religion, political or ideological beliefs and affiliation
sindical.
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2-The right referred to in the preceding paragraph shall include, in particular:
a) The selection criteria and conditions for contracting, in any sector of activity and the
all hierarchical levels;
b) Access to all types of vocational guidance, training and retraining of
any level, including the acquisition of practical experience;
c) retribution and other patrimonial benefits, promotion at all hierarchical levels
and criteria for selection of employees to be fired;
d) Affiliation or participation in structures of collective representation, or in any
another organization whose members exercise a particular profession, including the
benefits by them assigned.
3-The provisions of the preceding paragraphs shall be without prejudice to the application:
a) of legal provisions relating to the exercise of a professional activity by
foreign or stateless;
b) of provisions relating to the special protection of genetic heritage, pregnancy,
parenthood, adoption and other situations relating to the reconciliation of activity
professional with family life.
4-The employer shall affix to the company, in appropriate place, the information relating to the
rights and duties of the employee on equality and non-discrimination.
5-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1 and constitutes
lightweight counterordinance the violation of the provisions of paragraph 4.
Article 26.
Prohibition of discrimination
1-The employer may not practise any discrimination, direct or indirect, on grounds
particularly of the factors referred to in paragraph 1 of the previous article.
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2-Does not constitute discrimination against behavior based on discrimination factor that
constitutes a justifiable and determining requirement for the exercise of the activity
professional, by virtue of the nature of the activity in question or the context of its
execution, the purpose of which is to be legitimate and the proportional requirement.
3-Are particularly permitted differences in treatment based on age that are
necessary and appropriate to the achievement of a legitimate objective, specifically of policy
of employment, labour market or vocational training.
4-The legal provisions or instruments of collective work regulation that
justify the behaviors referred to in the preceding paragraph should be assessed
periodically and magazines if they cease to justify themselves.
5-It is up to those who claim discrimination to indicate the worker or employees in relation to
who considers himself to be discriminated against, tasking the employer to prove that the difference of
treatment is not based on any factor of discrimination.
6-The provisions of the preceding paragraph shall be specifically applicable in the event of an invocation of
any discriminatory practice in the access to work or vocational training or in the
working conditions, particularly by reason of dispensation for prenatal consultation,
protection of safety and health of pregnant worker, puerpera or lactating, licences by
parenthood or faltas for assistance to minors.
7-It is invalid the act of retaliation which prejudgages the worker as a result of
rejection or submission to the discriminatory act.
8-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1 or 7.
Article 27.
Rules contrary to the principle of equality and non-discrimination
1-A The provision of instrument for collective work regulation or
internal company regulation establishing a profession or professional category that
respect specifically for workers of one of the sexes considers to be applicable to
workers of both sexes.
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2-A The provision of instrument for collective work regulation or
internal company regulation that establishes working conditions, specifically
retribution, applicable exclusively to workers of one of the sexes for category
professional corresponding to equal work or work of equal value considers themselves
replaced by the most favourable provision applicable to workers of both sexes.
3-The provisions of the preceding paragraphs shall apply to the provision contrary to the principle of
equality as a function of another factor of discrimination.
4-A provision of representative organization status of employers or of
workers who restrict access to employment, vocational activity, training
professional, working conditions or professional career exclusively for employees
of one of the sexes, outside the cases provided for in Article 26 (2) and of those provided for in law
specific arising out of the protection of the genetic heritage of the worker or his / her
descendants, considers applicable to workers of both sexes.
Article 28.
Measure of positive action
For the purposes of this Code, no discrimination is considered to be the legislative measure of
limited duration that benefits certain group, disadvantaged in function as a factor of
discrimination, with the aim of guaranteeing the exercise, under conditions of equality, of the
rights provided for in the law or to correct situation of inequality that persists in social life.
Article 29.
Compensation for discriminatory act
The practice of discriminating discriminatory act of employee or candidate for employment gives you
the right to compensation for patrimonial and non-patrimonial damage, in the general terms of
right.
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DIVISION II
Prohibition of harassment
Article 30.
Harassment
1-Understand for harassment the unwanted behaviour, namely the one based on
factor for discrimination, practiced when accessing employment or in employment itself,
work or vocational training, with the purpose or effect of disrupting or embarrassing
the person, affect his / her dignity, or of creating him an intimidating, hostile environment,
degrading, humiliating or destabilizing.
2-Constitutes sexual harassment the unwanted behavior of a sexual character, in form
verbal, nonverbal or physical, with the purpose or effect referred to in the preceding paragraph.
3-The practice of harassment applies to the provisions of the previous article.
4-Constitui counterordinate very serious violation of the provisions of this article.
DIVISION III
Equality and non-discrimination as a function of sex
Article 31.
Access to employment, professional activity or training
1-A exclusion or restriction of access from candidate to employment or worker on the grounds of the
sex the particular activity or vocational training required to have access to that
activity constitutes discrimination in function of sex.
2-The announcement of offer of employment and other form of advertising linked to the pre-selection or
the recruitment may not contain, directly or indirectly, any restriction,
specification or preference based on sex.
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3-In action of vocational training directed by the profession predominantly
by workers of one of the sexes should be given, whenever it is justified, preference to
sex workers with lower representation, as well as, being appropriate, the
worker with reduced schooling, without qualification or responsible per family
monoparental or in the case of parental leave or adoption.
4-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1 or 2.
Article 32.
Equal conditions of work
1-Workers are entitled to the equality of working conditions, in particular
as to the retribution, owing the elements that determine it not contain any
discrimination founded on sex.
2-A equal consideration implies that, for equal work or of equal value:
a) Any modality of variable consideration, namely to be paid to the task, be
established on the basis of the same unit of measurement;
b) The consideration calculated depending on the time of work is the same.
3-The differences in retribution do not constitute discrimination when assorted in criteria
objectives, common to men and women, notably, based on merit,
productivity, assiduity or seniority, may not substantiate in licences, falters
or waivers relating to protection in parenthood.
4-The job description and function evaluation systems must be based on
common objective criteria for men and women, in order to exclude any
discrimination based on sex.
5-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1, and constitutes
serious counterordinance the violation of the provisions of paragraph 4.
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Article 33.
Registration of recruitment procedures
1-All entities shall maintain for five years the registration of the processes of
recruitment carried out, and must appear on the same, with breakdown by sex, the
following elements:
(a) Invitations for filling in places;
(b) Advertisements for offer of employment;
c) Number of applications for curricular assessment;
d) Number of candidates present in pre-selection;
e) Number of candidates waiting for admission;
f) Results of tests or proof of admission or selection;
g) Social balanings concerning data allowing to analyse the existence of possible
discrimination of persons from one of the sexes in access to employment, training and promotion
professionals and working conditions.
2-Constitute counterordinance leads to violation of the provisions of this article.
SUBSECTION IV
Parenthood
Article 34.
Parenthood
1-A motherhood and parenthood constitute eminent social values.
2-Progenitor workers are entitled to the protection of society and the State in the
achievement of their irreplaceable action in relation to the children, notably as to their
education.
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Article 35.
Articulation with social protection regime
1-A social protection in the situations provided for in this subsection, specifically the
schemes for granting social benefits for the different periods of leave by
parenthood, it appears in specific legislation.
2-For the purposes of this subsection, they consider themselves to be equivalent to periods
of parental leave the periods for the granting of the corresponding social benefits,
assigned to one of the parent in the framework of the previdential subsystem of Social Security
or other mandatory framing social protection scheme.
Article 36.
Protection in parenthood
1-A The protection in parenthood concretes itself through the allocation of the following rights:
(a) Licence in clinical risk situation during pregnancy;
b) License for termination of pregnancy;
c) parental leave, in any of the modalities;
d) License by adoption;
e) Supplementary Parental Leave in any of the modalities;
f) Disthink for prenup consultation;
g) Disthink for alleyance;
h) Faltas for child assistance;
i) Faltas for assistance to grandchild;
j) License for child assistance;
l) Leave for assistance to child with disability or chronic disease;
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m) Work part time of worker with family responsibilities;
n) Flexible Hours of worker with family responsibilities;
o) Disthink of work provision in an adaptability regime;
p) Disthink of supplementary work provision;
q) Disthink of work provision in the nighttime period.
2-The rights provided for in the preceding paragraph only apply, after the birth of the
son, to progenitor workers who are not prevented or inhibited fully from the
exercise of parental power, with the exception of the right of the mother to enjoy 14 weeks of leave
initial parental and those regarding protection during breastfeeding.
Article 37.
Concepts in the protection of parenthood
1-Within the framework of the parenthood protection scheme, it is understood by:
a) pregnant worker, the worker in a state of gestation who informs the employer
of your state, in writing, with presentation of medical certificate;
b) Puerpera Worker, the parturient worker and during a 120-day period
subsequent to childbirth that informs the employer of his state, in writing, with
presentation of medical certificate or birth certificate of the child;
c) Lactating Worker, the worker who breastfeed the child and inform the employer of the
your state, in writing, with presentation of medical certificate.
2-The parenthood protection regime is still applicable as long as the employer
be aware of the situation or the relevant fact.
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Article 38.
License in situation of clinical risk during pregnancy
1-In situation of clinical risk for the pregnant worker or for the unborn, impeditive
of the exercise of functions, regardless of the reason that determines this impediment and
is this or unrelated to the conditions for the provision of the work, should the
employer does not provide you with the exercise of activity compatible with your state and
professional category, the working woman is entitled to leave, for the period of time that by
medical prescription is deemed necessary to prevent the risk, without prejudice to the license
initial parental.
2-For the purpose provided in the preceding paragraph, the worker informs the employer and
presents medical certificate stating the foreseeable length of the permit, providing that
information in advance of 10 days or, in the event of a proven urgency by the
medical, as soon as possible.
3-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.
Article 39.
License for termination of pregnancy
1-In the event of an interruption of pregnancy, the worker is entitled to leave with duration
between 14 and 30 days.
2-For the purpose provided in the preceding paragraph, the worker informs the employer and
presents medical certificate, as soon as possible.
3-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.
Article 40.
Modalities of parental leave
The parental leave comprises the following modalities:
a) Initial parental leave;
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b) the exclusive initial parental leave of the mother;
c) Initial parental leave to be enjoyable by the parent for impossibility of the mother;
d) Exclusive Parental Leave of the parent.
Article 41.
Initial parental leave
1-A mother and father workers are entitled, by birth of child, parental leave
initial 120 or 150 consecutive days, whose enjoyment may share after childbirth, without
prejudice to the rights of the mother referred to in the following article.
2-A licence referred to in the preceding paragraph is increased by 30 days, in the case of gozo, in
exclusive, by each of the parent, for a consecutive period of 30 days, or two
periods of 15 consecutive days, after the period of enjoyment mandatory by the mother to which
refers to paragraph 2 of the following article.
3-In the case of multiple births, the period of licence provided in the numbers
previous is increased from 30 days for each twin beyond the first.
4-In the event of the sharing of the enjoyment of the licence, the mother and the father inform the respective
employers, up to seven days after childbirth, from the beginning and term of the periods to be enjoed by each
one, delivering for the effect, joint statement.
5-Should parental leave not be shared by the mother and the parent, and without prejudice to the
rights of the mother referred to in the following article, the parent who enjoys the licence informs the
respective employer, up to seven days after childbirth, of the duration of the licence and the beginning of the
respective period, gathering statement from the other progenitor from which it is constraining that the same
does not enjoy the initial parental leave.
6-In the absence of the declaration referred to in paragraphs 4 and 5, the licence shall be enjoyed by the mother.
7-Constitutive counter-ordinance very serious violation of the provisions of the n. ºs 1, 2, 3 or 6.
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Article 42.
Periods of exclusive parental leave of the mother
1-A mother can enjoy up to 30 days of the initial parental leave before childbirth.
2-It is mandatory for the enjoyment, on the part of the mother, of six weeks of leave to follow through childbirth.
3-In the event of hospital internment of the mother or child during the period of leave
referred to in the preceding paragraph, this period is suspended for the duration of the
internment.
4-A worker who intends to enjoy part of the leave before childbirth must report from that
purpose the employer and present medical certificate stating the predictable date of the
giving birth, by providing this information in advance of 10 days or, in case of urgency
proven by the doctor as soon as possible.
5-A suspension of leave in the case of hospital internment of the mother or child is made
upon communication to the employer, accompanied by a statement issued by the
hospital establishment.
6-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1, 2 or 3.
Article 43.
Initial parental leave to be enjoyable by the parent in case of impossibility of the mother
1-The parent is entitled to leave, with the duration referred to in paragraph 1, 2 or 3 of Article 41, or
of the remaining period of the licence in the following cases:
a) Physical or psychic incapacity of the mother, while this one holds;
b) Death of the mother.
2-In the event of death or physical or mental disability of the mother, the initial parental leave to
enjoy by the parent has the minimum duration of 30 days.
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3-In case of death or physical or mental disability of non-working mother in the 120
days following childbirth, the parent is entitled to leave pursuant to paragraph 1, with the necessary
adaptation, or from the previous number.
4-For effect of the provisions of the previous figures, the parent informs the employer as soon as
possible and, depending on the situation, presents a medical certificate proving or certifying
death and, being a case of it, declares the period of leave already enjoyed by the mother.
5-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1, 2 or 3.
Article 44.
Exclusive parental leave of the parent
1-It is mandatory for the enjoyment by the father of a parental leave of 10 working days, followed or
interpolated, in the 30 days following the birth of the child, five of whom enjoyed
consecutive mode immediately following this.
2-After the enjoyment of the permit provided for in the preceding paragraph, the parent is still entitled to 10 days
useful leave, followed or interpolated, provided that they enjoy the enjoyment simultaneously with the enjoyment
of parental leave on the part of the mother.
3-In the case of multiple births, to the license provided for in the preceding paragraphs
two days for each genus beyond the first.
4-For the purpose of the provisions of the preceding paragraphs, the worker must warn the
employer in advance possible that, in the case provided for in paragraph 2, it should not be
less than five days.
5-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1, 2 or 3.
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Article 45.
Leave by adoption
1-In case of adoption of less than 15 years, the candidate the adopter is entitled to the
license referred to in Article 41 (1) or (2).
2-Havendo two prospective adopters, the licence can be enjoyed by one of them or by
both in successive periods, as per joint decision.
3-The candidate for adopter is not entitled to leave in case of adoption of son of the
spouse or person with whom you live in de facto union.
4-In the event of an inability or passing of the candidate to adopt the adopter during the permit, the
surviving spouse, who is not a candidate for adopter and with whom adopting him live in
table and dwelling communion, are entitled to leave corresponding to the period no
enjoyed or at a minimum of 14 days.
5-A The leave has commented from the judicial or administrative trust, pursuant to the
legal regime of adoption.
6-When the administrative trust consists of the confirmation of the permanence of the minor
the post of the adopter, the latter has the right to leave, for the remaining period, provided that the
date on which the minor did indeed stay his post occurred before the expiry of the licence
initial parental.
7-In the event of hospital internment of the candidate for adopter or adopter, the
period of leave is suspended for the duration of the internment, owing that
communicate that fact to the employer by submitting proof statement passed by the
hospital establishment.
8-In the event of the sharing of the enjoyment of the licence, the candidates for adopters inform the
respective employers, in advance of 10 days or, in case of urgency
proven, as soon as possible, by making proof of the judicial or administrative trust of the
adopting and of the age of this, of the beginning and term of the periods to be enjoed by each,
delivering for the joint declaration effect.
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9-Should the leave by adoption not be shared, the adopter candidate who enjoys the
license informs the respective employer, at the time limits referred to in the preceding paragraph, of the
duration of the permit and the beginning of the respective period.
10-Constitute counter-ordinance grave the violation of the provisions of paragraphs 1, 2, 4, 6 or 7.
Article 46.
Dispensation for prenatal consultation
1-A pregnant worker is entitled to dispensation from work for prenatal consultations,
by the time and number of times required.
2-A worker should, where possible, attend the prenatal consultation outside the
working hours.
3-Whenever prenatal consultation is only possible during the working hours, the
employer may require the worker to provide proof of this circumstance and the
fulfilment of the consultation or statement of the same facts.
4-For the purpose of the previous figures, the preparation for childbirth is equated to consultation
prenatal.
5-The parent is entitled to three waivers from work to accompany the worker to the
prenatal consultations.
6-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 47.
Dispensation for breastfeeding or allelation
1-A mother who breastfeeding the child is entitled to the dispensation of work for the purpose, during the
time to last the breastfeeding.
2-In case there is no breastfeeding, as long as both progenitors exercise
professional activity, any of them or both, depending on the joint decision, are entitled to
dispensation for alleyment, even the son perdoing one year .
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3-A The daily dispensation for breastfeeding or lactation is enjoyed in two distinct periods,
with the maximum duration of one hour each, save if another scheme is agreed with the
employer.
4-In the case of multiple births, the dispensation referred to in the preceding paragraph is increased
of another 30 for each genus beyond the first.
5-If any of the progenitors work part-time, the daily dispensation to
breastfeeding or lactation is reduced in the proportion of the respective normal period of
work, it may not be less than 30.
6-In the situation referred to in the preceding paragraph, the daily dispensation is enjoyed in period not
higher than one hour and, being the case, in a second period with the duration
remnant, unless another scheme is agreed with the employer.
7-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 48.
Dispensing procedure for breastfeeding or allelation
1- P ara the effect of dispensing for breastfeeding, the working woman communicates to the employer,
in advance of 10 days with respect to the beginning of the dispensation, which breastfeed the son,
owing to present medical certificate if the dispensation extends beyond the first year
of life of the son.
2-For the purpose of dispensing for alleyment, the worker:
a) Comunica to the employer who randomizes the child, in advance of 10 days relatively
to the beginning of the dispensation
b) Present document that the joint decision is made;
c) declares which the period of dispensation enjoyed by the other parent, being the case;
d) Proof that the other parent informed the respective employer of the joint decision.
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Article 49.
Lack for child care
1-The worker may lack the work to provide inadiasable assistance and
required, in the event of illness or accident, the 10-year-old child or,
regardless of age, child with a disability or chronic disease, up to 30 days per
year or during the entire period of eventual hospitalization.
2-The worker can be missed to work up to 15 days a year to provide assistance
unavoidable and indispensable in the event of illness or accident to child over 10 years of
age that, in the case of being larger, is part of your household.
3-To the periods of absence provided for in the preceding paragraphs increased one day by each
son beyond the first.
4-A The possibility of missing from the previous figures may not be exercised
simultaneously by the father and the mother.
5-For the purposes of justifying the lack, the employer may require the employee to:
a) Proof of the unavoidable and necessary character of the assistance;
b) Declaration that the other parent has professional activity and is not lacking by the
same reason or is unable to provide the assistance;
c) In the event of hospitalization, a finding statement passed by the establishment
hospital.
6-In the case referred to in paragraph 3 of the following article, the parent or the mother informs the respective
employer of the provision of assistance in question, being its right referred to in paragraph 1 or
2 reduced accordingly.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 3.
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Article 50.
Lack for assistance to grandchild
1-The worker may be missing up to 30 consecutive days, following the birth of grandchild who
with you live in communion of table and dwelling and that you are the child of adolescent with age
less than 16 years.
2-If there are two rightholders, there is only place to a period of falterings, to enjoy by
one of them, or for both part-time or in successive periods, as per decision
joint.
3-The worker may also be lacking to provide unavoidable and necessary assistance,
in the event of illness or accident, the minor grandchild or, regardless of age, with
deficiency or chronic disease.
4-For the purposes of n. ºs 1 and 2, the worker informs the employer in advance of
five days, stating that:
a) The grandchild lives with him in communion of table and housing;
b) The grandchild is the child of adolescent under the age of 16;
c) The spouse of the employee carries out professional activity or is physically or
psychically impossible to take care of the grandchild or do not live in communion of table and
housing with this.
5-The provisions of this article shall apply to the tutor of the teenager, the worker to whom he / she has
been debunked the judicial or administrative trust of the same, as well as to your spouse
or person in de facto union.
6-In the case referred to in paragraph 3, the employee informs the employer, at the time specified in the s
n. s 1 or 2 of Article 252º, stating:
a) The unavoidable and necessary character of the assistance;
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b) That progenitors are workers and are not lacking for the same reason or are
unable to provide the assistance, as well as no other family members of the same
degree miss for the same reason.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 3.
Article 51.
Supplementary parental leave
1-The father and mother are entitled, to child assistance or adopted with age not exceeding
to six years, the supplementary parental leave, in any of the following modalities:
a) extended parental leave, for three months;
b) Work part-time for 12 months, with a normal working period equal to
half the full time;
(c) Periods of extended parental leave and part-time work in which the
total duration of the absence and reduction of working time is equal to the periods
normal working of three months;
d) Absences interpolated to work with duration equal to the normal periods of work
of three months, provided that it is provided for in the instrument of collective regulation of
work.
2-The father and the mother may enjoy any of the modalities referred to in the preceding paragraph of
consecutive mode or up to three interpolated periods, not being allowed to cumulation by
one of the progenitors of the right of the other.
3-If both parents want to simultaneously enjoy the licence and are at
service of the same employer, this may postpone the leave of one of them on the grounds of
imperious requirements connected to the operation of the company or service, provided that it is
provided in writing the respective statement of reasons.
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4-During the period of supplementary parental leave in any of the modalities, the
worker may not engage in another activity incompatible with the respective purpose,
particularly subordinate work or continued provision of services outside of your
habitual residence.
5-The exercise of the rights referred to in the preceding paragraphs depends on information
on the intended modality and the beginning and the term of each period, directed in writing to the
employer in advance of 30 days regarding your start-up.
6-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 3.
Article 52.
License for child care
1-After exhausting the right referred to in the previous article, the progenitors are entitled to
license for child care, either in consecutive or interpolated mode, up to the limit of two
years.
2-In the case of third child or more, the license provided in the preceding paragraph has the limit
three years.
3-The worker is entitled to leave if the other parent carries out activity
professional or is barred or inhibited fully from exercising parental power.
4-If there are two holders, the licence can be enjoyed by either of them or by both
in successive periods.
5-During the period of leave for child assistance, the worker may not exercise
other activity incompatible with the respective purpose, namely work
subordinate or continued provision of services outside of your habitual residence.
6-For the exercise of the right, the employee informs the employer, in writing and with the
in advance of 30 days:
a) From the beginning and the end of the period in which you intend to enjoy the licence;
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b) That the other parent has professional activity and does not find itself at the same time
in a licence situation, or who is prevented or inhibited fully from exerting power
paternal;
c) That the minor lives with him in table communion and housing;
d) That it is not exhausted the maximum length of the licence.
7-In the lack of indication to the contrary on the part of the worker, the licence has the duration
of six months.
8-To the extension of the period of leave by the worker, within the prescribed limits
in paragraphs 1 and 2, the provisions of paragraph 6 shall apply.
9-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 5.
Article 53.
License for child care with disabilities or disease cro ni ca
1-Progenitors are entitled to leave for a period up to six months, extended to four
years, for child care with disability or chronic disease, less than 12 years.
2-It shall apply to the licence provided for in the preceding paragraph the constant scheme of the n. ºs 3 a to 8 of the
previous article.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 54.
Reduction of working time for minor child care
with disability or chronic disease
1-The progenitors of minor with disabilities or chronic disease, with age not exceeding
a year, they are entitled to reduction of five hours of the normal weekly working period, or
other special working conditions, for assistance to the child.
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2-There is no place for the exercise of the right referred to in the preceding paragraph when one of the
progenitors do not exercise professional activity and are not impeed or inhibited fully
of exerting parental power.
3-If both progenitors are right holders, the reduction of the normal period of
work can be used by either of them or for both of them in successive periods.
4-The employer must appropriate the working hours resulting from the reduction of the period
normal of work taking into account the worker's preference, without prejudice to
imperious demands of the operation of the company.
5-A reduction of the normal weekly working period does not imply diminishing rights
enshrined in law, save as to the retribution, which is only due in so far as the
reduction, in each year, exceeds the number of surrogate falters by loss of gozo days of
holiday.
6-For the reduction of the normal weekly working period, the worker must communicate to the
employer your intention in advance of 10 days, as well as:
a) Present medical certificate proving disability or chronic disease;
b) Declare that the other parent has professional activity or that he is prevented or
inhibited fully from exerting parental power and, being the case, that it does not exercise the
same time this right.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 3, 4 or 5.
Article 55.
Part-time work of worker with family responsibilities
1-The worker with child under 12 years of age or with disabilities or chronic disease who
with it alive in table communion and housing has a right to work part-time.
2-The right can be exercised by any of the parent or by both of these in periods
successive, after the supplementary parental leave, in any of its modalities.
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3-Unless otherwise agreed, the normal period of part-time work corresponds
half of the practiced full time in a comparable situation and, as per the request
of the worker, is provided on a daily basis, in the morning or in the afternoon, or on three days a week.
4-A part-time work provision can be extended up to two years or, in the case
of third child or more, three years, or still, in the case of child with disability or disease
chronicle, four years.
5-During the working period on part-time, the worker cannot
engage in another activity incompatible with the respective purpose, particularly work
subordinate or continued provision of services outside of your habitual residence.
6-A part-time work provision basket in the term of the period for which it was
granted or in that of its extension, by resuming the employee the provision of work to
full time.
7-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 56.
Flexible working hours with family responsibilities
1-The worker with child under 12 years or, regardless of age, son with
disability or chronic disease that with it live in table communion and housing, has
right to work on flexible working hours scheme, and the right may be exercised
by any of the parent or by both.
2-Please understand by flexible time the one in which the worker can choose, within
certain limits, the hours of start and term of the normal period of daily work.
3-The flexible schedule, to be drawn up by the employer, shall:
a) Contain one or two periods of mandatory attendance, lasting equal to half of the
normal period of daily work;
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b) Indicate the periods for beginning and term of normal daily work, each lasting
not less than one third of the normal period of daily work, and this duration may be
reduced to the extent necessary for the time to contain within the period of
operation of the establishment;
c) Establish a period for rest interval not more than two hours.
4-The worker working on flexible time regimen can carry out up to six hours
consecutive work and up to 10 hours of work on each day and must comply with the
corresponding normal weekly working period, on average of each period of four
weeks.
5- It constitutes serious counterordinance to the violation of the provisions of paragraph 1.
Article 57.
Part-time or in-regime work permit of flexible time
1-The worker who intends to work part time or on a time schedule of
flexible work must request it from the employer, in writing, in advance of 30 days,
with the following elements:
a) Indication of the planned time limit, within the applicable limit;
b) Declaration of which it is const:
i) that the minor lives with him in table communion and housing;
ii) in the part-time working regime, which is not exhausted the maximum period
of duration;
iii) in the part-time working regime, which the other parent has activity
professional and is not at the same time in a part-time job or
that is prevented or inhibited fully from exercising parental power;
c) The intended modality of organizing part-time work.
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2-The employer can only refuse the application on the grounds of requirements
imperious of the operation of the company, or in the impossibility of replacing the
worker if this is indispensable.
3-Within 20 days counted from the receipt of the application, the employer communicates
to the worker, in writing, to his decision.
4-In the case of claiming to refuse the application, in the communication the employer indicates the
foundation of the intention to refuse, and the employee may submit, in writing, a
appreciation within five days of the reception.
5-In the five days subsequent to the end of the term for consideration by the worker, the
employer sends the process for consideration by the competent entity in the area of
equality of opportunity between men and women, with copy of the application, of the
foundation of the intention to refuse him and the assessment of the worker.
6-A entity referred to in the preceding paragraph, within 30 days, notifies the employer and
the worker of his opinion, which is deemed to be favourable to the intention of the employer if
is not issued at that time.
7-If the opinion referred to in the preceding paragraph is unfavourable, the employer can only
refuse the application after court ruling that acknowledges the existence of justifiable reason.
8-It is considered that the employer accepts the employee's request in its precise
terms:
a) If it does not communicate the intention to refuse within 20 days of receipt of the application;
b) If, having communicated the intention to refuse the application, do not inform the worker of the
decision on the same in the five days subsequent to the notification referred to in paragraph 6 or,
depending on the case, at the end of the period set out in that paragraph;
c) If it does not submit the procedure to the assessment of the competent entity in the area of equality of
opportunities between men and women within the time frame provided for in paragraph 5.
9-On request for an extension, the provisions for the initial application shall apply.
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10-Constitutes against serious ordinance the violation of the provisions of paragraphs 2, 3, 5 or 7.
Article 58.
Dispensation of work provision in the adaptability scheme
1-A pregnant worker, puerpera or lactating is entitled to be waived from providing
work on organized working hours according to adaptability regime.
2-The right referred to in the preceding paragraph shall apply to any of the progenitors in case of
aleitation, when the provision of work in the schemes referred to therein affects their
regularity.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 59.
Dispensation of supplementary work provision
1-A Working pregnant or with child of less than 12 months is not obliged to
provide supplementary work.
2-A Labour is not obliged to provide supplementary work for the whole time
to last the breastfeeding if it is necessary for your health or that of the child.
3-The provisions of the preceding paragraph shall apply to the employee who benefits from parental leave
in the terms of Articles 41 or 43, or dispensation for alleyance if the regularity of this
is affected by the provision of supplementary work.
4-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 60.
Dispensation of work in the night period
1-A Labour is entitled to be exempted from providing work between the 20 hours of
one day and the seven hours of the following day:
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a) During a period of 112 days before and after childbirth, of which at least half
before the foreseeable date of the same;
b) During the remaining period of pregnancy, if it is necessary for your health or that of the
unborn;
c) For the whole time it lasts for breastfeeding, if it is necessary for your health or
for that of the child.
2-Labour dispensed from the provision of night work must be assigned,
where possible, a compliant daytime working time.
3-A worker is discharged from work whenever it is not possible to apply the
provisions of the previous number.
4-A worker who intends to be exempted from providing nighttime work should
inform the employer and present medical certificate, in the case of point (b) or (c) of paragraph 1,
in advance of 10 days.
5-In a situation of urgency proven by the physician, the information referred to in the number
previous can be done regardless of the deadline.
6-Without prejudice to the provisions of the preceding paragraphs, the dispensation of the provision of work
nighttime must be determined by doctor of the work whenever this, within the framework of the
health monitoring of workers, identify any risk to the pregnant worker,
puerpera or lactating.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 3.
Article 61.
Training for professional reinsertion
The employer must provide the employee, after the leave for child assistance or for
assistance to the person with a disability or chronic illness, participation in shares of
training and professional updating, so as to promote their full reinsertion
professional.
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Article 62.
Protection of safety and health of pregnant, puerate or lactating working
1-A working pregnant, puerpera or lactating is entitled to special conditions of
safety and health at workplaces, so as to avoid exposure to risks for your
safety and health, in the terms of the following numbers.
2-Without prejudice to other obligations provided for in special legislation, in activity
likely to present a specific risk of exposure to agents, processes or
working conditions, the employer must carry out the assessment of nature, degree and duration
of the pregnant worker exhibition, puerpera or lactating, so as to determine any
risk for your safety and health and the repercussions on pregnancy or breastfeeding,
well as the measures to be taken.
3-In cases referred to in the preceding paragraph, the employer must take the necessary step
to avoid the exposure of the worker to those risks, namely:
a) Proceeding to the adaptation of working conditions;
b) If the adaptation referred to in the preceding paragraph is impossible, overly time-consuming or
too costly, ascribe to the worker other tasks compatible with their state and
professional category;
c) If the measures referred to in the previous paragraphs are not feasible, dispense with the worker
of providing work during the required period.
4-Without prejudice to the rights of information and consultation provided for in special legislation, the
pregnant worker, puerpera or lactating has a right to be informed, in writing, of the
results of the assessment referred to in paragraph 2 and of the protective measures adopted.
5-It is veheed the exercise by pregnant, puerpera or lactating activities of activities whose
assessment has revealed risks of exposure to agents or working conditions that
jeopardized their safety or health.
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6-Activities likely to present a specific risk of exposure to agents,
processes or working conditions referred to in paragraph 2, as well as the agents and conditions
of work referred to in the preceding paragraph, are determined in specific legislation.
7-A pregnant worker, puerpera or lactating, or their representatives, have a right to
apply for the service with the inspective competence of the ministry responsible for the labour area
a review action, to be carried out with priority and urgency, if the employer does not
to comply with the obligations arising from this article.
8-Constitutive counter-ordinance very serious violation of the provisions of the n. ºs 1, 2, 3 or 5 and
constitutes serious counterordinance to the violation of the provisions of paragraph 4.
Article 63.
Protection in the event of dismissal
1-The dismissal of pregnant, puerpera or lactating or worker working in the
enjoyment of parental leave lacks the prior opinion of the competent entity in the area of
equality of opportunity between men and women.
2-The dismissal by fact attributable to the employee who finds himself in any of the
situations referred to in the preceding paragraph presumed to be done without just cause.
3-For the purposes of the preceding paragraph, the employer shall remit copy of the case to the
competent entity in the area of equality of opportunity between men and women:
a) After the probatory representations referred to in Article 355 (2), dismissal
by fact attributable to the worker;
b) After the phase of information and negotiation provided for in Article 360, dismissal
collective;
c) After the consultations referred to in Article 369 (1), in the dismissal of extinction of
job posting;
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d) After the consultations referred to in Article 376, in the dismissal for inadaptation.
4-A The competent body shall report the opinion referred to in paragraph 1 to the employer and
to the worker, in the 30 days subsequent to the receipt of the procedure, considering in
sense favorable to dismissal when it is not issued within the said deadline.
5-It is up to the employer to prove that he has requested the opinion referred to in paragraph 1.
6-If the opinion is unfavourable to dismissal, the employer can only carry it out after
judicial decision recognizing the existence of justifiable reason, and the action shall be
intentioned in the 30 days subsequent to the notification of the opinion.
7-A Judicial suspension of dismissal is not enacted only if the opinion is favourable to the
dismissal and the court to consider that there is serious likelihood of verification of fair
cause.
8-If the dismissal is declared unlawful, the employer cannot object to the reinstatement
of the employee pursuant to Article 390 (1) and the employee is entitled, in
alternative to reintegration, the compensation calculated in accordance with paragraph 3 of the said article.
9-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 6.
Article 64.
Extension of rights assigned to progenitors
1-The adopter, the tutor, the person to whom the judicial trust is deinjured or
administrative of the minor, as well as the spouse or person in de facto union with
any of those or with the progenitor, as long as it lives in communion of table and housing
with the smallest, benefits from the following rights:
a) Disthink for alleyance;
b) Supplementary Parental Leave in any of the modalities, leave for assistance to
child and leave for child care with disability or chronic disease;
c) Falta for assistance to son or grandchild;
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d) Reduction of working time for assistance to minor child with disability or disease
chronicle;
e) part-time work of worker with family responsibilities;
f) Flexible Hours of worker with family responsibilities.
2-Where the exercise of the rights referred to in the preceding paragraphs depends on a
tutelage relationship or judicial or administrative trust of the minor, the respective holder must,
so that you can exercise it, mention that quality to the employer.
Article 65.
Regime of licences, falters and waivers
1-Do not determine loss of any rights, save as to retribution, and are
considered as the effective provision of work the absences to work resulting from:
(a) Licence in clinical risk situation during pregnancy;
b) License for termination of pregnancy;
c) parental leave, in any of the modalities;
d) License by adoption;
e) Supplementary Parental Leave in any of the modalities;
f) Falta for child assistance;
g) Falta for assistance to grandchild;
h) Disthink of work provision in the nighttime period;
i) Disthink of the provision of work by pregnant working party, puerpera or
lactating, for the reason of protecting your safety and health.
2-A dispensation for prenatal consultation, breastfeeding or alleytation does not determine loss of
any rights and is deemed to be the effective provision of work.
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3-The licenses by clinical risk situation during pregnancy, by interruption of
pregnancy, by adoption and parental leave in any modality:
a) Suspend the enjoyment of the holidays, owing the remaining days to be enjoyed after your
term, even if this occurs in the following year;
b) Do not harm the already elapsed time of internship or action or training course,
owing the employee to serve only the missing period to complete it;
c) They avowed the provision of proof for progression in the professional career, to which must take place
after the term of the licence.
4-A parental leave and supplementary parental leave, in any of its
modalities, by adoption, for child assistance and for child care with disabilities
or chronic disease:
a) Suspend by illness of the worker, if this informs the employer and presents
proven medical certificate, and proceed soon after the cessation of that impediment;
b) They cannot be suspended for the convenience of the employer;
c) Do not harm the right of the employee to access the periodical information issued by the
employer for the pool of workers;
d) End with the cessation of the situation that originated the respective licence that must be
communicated to the employer within five days.
5-In the end of any situation of leave, falters, dispensation or working arrangements
special, the worker, is entitled to resume the contracted activity, owing, in the case
referred to in paragraph (d) of the preceding paragraph, to resume it in the first wave that occurs in the
company or, if this in the meantime if you do not check, at the end of the period provided for the licence.
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6-A leave for child assistance or for child care with disability or illness
chronicle suspends the rights, duties and guarantees of the parties to the extent that
presuppose the effective provision of work, specifically the retribution, but not
harms the supplementary benefits of medical and medicaid assistance to which the
worker is entitled.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2, 3 or 4.
SUBSECTION V
Work of minors
Article 66.
General principles relating to the work of minor
1-The employer must provide the least suitable working conditions at age and
to the development of the same and to protect safety, health, development
physical, psychical and moral, education and training, preventing in particular any risk
resulting from their lack of experience or the unconsciousness of existing risks or
potential.
2-The employer must, in particular, assess the risks related to the work, before
the minor the start or before any major change in the working conditions,
focusing particularly on:
a) Equipment and organization of the place and the job posting;
b) Nature, degree and duration of exposure to physical, biological and chemical agents;
c) Choice, adaptation and use of work equipment, including agents, machines
and apparatus and the respective use;
d) Adaptation of the organization of the work, the work processes or its implementation;
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e) Grade of knowledge of the minor with regard to the execution of the work, the risks
for safety and health and preventive measures.
3-The employer must inform the minor and its legal representatives of the risks
identified and the measures taken for their prevention.
4-A emancipation is without prejudice to the application of the standards on the protection of health,
education and training of the minor worker.
5-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1, 2 or 3.
Article 67.
Professional training of minor
1-The State shall provide the minor who has completed compulsory education to
vocational training appropriate to their preparation for working life.
2-The employer shall ensure the vocational training of minor to his or her service,
requesting the collaboration of the competent bodies whenever it does not have the means
to the effect.
3-It is, in particular, assured to the lesser of the right to leave without consideration for the
professional course attendance that confers educational habilitation or course of education and
training for young people, save when the same is likely to cause serious injury to the
company, and without prejudice to the rights of the student-student.
Article 68.
Admission of minor to work
1-You may only be admitted to provide work the minor who has completed the minimum age
of admission, have completed compulsory education and possess physical abilities and
psypical suitable for the job.
2-A The minimum age of admission to provide work is 16 years.
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3-The minor under the age of 16 who has completed compulsory schooling
can provide lightweight work consisting of simple and defined tasks that, by your
nature, by the physical or mental efforts required or by the specific conditions in which
are carried out, are not likely to impair it with respect to physical integrity,
safety and health, school attendance, participation in orientation programmes or
training, capacity to benefit from the instruction imparted, or still to your
physical, psychical, moral, intellectual and cultural development.
4-In family-owned company, the minor under the age of 16 years must work under the
surveillance and direction of a member of their household, higher of age.
5-The employer communicates to the service with inspective competence of the ministry
responsible for the labour area the admission of minor effected under paragraph 3, in the eight
subsequent days.
6-Constitute counter-ordinance grave the violation of the provisions of paragraphs 3 or 4 and constitutes
lightweight counterordinance the violation of the provisions of the previous number.
Article 69.
Admission of minor without compulsory education or without professional qualification
1-The minor under the age of 16 who has completed compulsory schooling
but do not post professional qualification, or the minor with at least 16 years old but
has not completed compulsory education or does not post professional qualification only
can be admitted to providing work since frequent modality of education or
training that confers, as the case may be, compulsory education, qualification
professional, or both, notably in Centres New Opportunities.
2-The provisions of the preceding paragraph shall not apply to the minor who only pay work
during the school holidays.
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3-In the situation referred to in paragraph 1, the minor benefits from the status of an employee-
student, having the work dispensation for frequency of classes duration at double the
provided for in Article 90 (3).
4-The employer communicates to the service with inspective competence of the ministry
responsible for the labour area for admission of minor made in the terms of the number
previous, in the subsequent eight days.
5-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1 and constitutes
serious counterordinance the violation of the provisions of paragraph 3.
6-In case of admission of minor under the age of 16 years and without schooling
obligatory, the ancillary sanction of deprivation of the right to subsidy or benefit is applied
outored by entity or public service, for period up to two years.
Article 70.
Ability of the minor to celebrate contract of work and receive the retribution
1-It is valid the contract of employment concluded by the minor who has completed 16 years of
age and has completed compulsory schooling, unless written opposition from your
legal representatives.
2-The contract concluded by the minor who has not completed 16 years of age or not
has completed compulsory schooling is only valid upon written permission of your
legal representatives.
3-The minor has the capacity to receive the retribution, save the written opposition of his
legal representatives.
4-Legal representatives may at all time declare the opposition or revoke the
authorization referred to in paragraph 2, the effective act being decorated 30 days on its
communication to the employer.
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5-In the case provided for in the s n. s 1 or 2, legal representatives can reduce up to half the
deadline provided in the preceding paragraph, on the grounds of which this is necessary for the
frequency of establishment of teaching or vocational training action.
6-Constitui counter-ordinance write the payment of retribution to the smallest case there are
the written opposition of its legal representatives.
Article 71.
Termination of contract by minor
1-The minor in the situation referred to in Article 69 that denouncing the contract of employment without
term during training, or in an immediately subsequent period of equal duration
to that, must compensate the employer of the direct cost with the training that this has
supported.
2-The provisions of the preceding paragraph shall also apply in case the minor denouncing the
fixed-term employment contract after the employer has proposed to you in writing to
conversion of the same into an unterm contract.
Article 72.
Protection of safety and health of a minor
1-Without prejudice to the obligations set out in special provisions, the employer shall
subject the minor to health check-ups, namely:
a) Health Examination that certifies the suitability of your physical and psychic ability to
exercise of the duties, to be carried out before the commencement of the provision of the work, or in the 15 days
subsequent to admission if this is urgent and with the consent of the representatives
legal of the minor;
b) annual health examination, so that the exercise of the professional activity does not result
injury to their health and to their physical and mental development.
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2-The works that, by their nature or by the conditions in which they are provided, are
detrimental to the physical, psychic and moral development of minors are prohibited or
conditioned by specific legislation.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 73.
Maximum limits of the normal period of work of minor
1-The normal period of work of minor may not be more than eight hours in each day
and at 40 hours in each week.
2-The tools of collective labour regulations should reduce, whenever
possible, the maximum limits of the normal period of work of minor.
3-In the case of light work performed by minor under the age of 16 years, the
normal period of work cannot be more than seven hours in each day and 35 hours in
each week.
4-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 3.
Article 74.
Time-less dispensation in adaptability regime
1-The minor is exempted from providing work at an organized time in accordance with the
adaptability regime when the same can harm your health or safety in the
work.
2-For the purpose of the previous number, the minor must undergo health examination
prior to the beginning of the application of the time concerned.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
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Article 75.
Supplementary work of minor
1-The minor worker cannot provide supplementary work.
2-The provisions of the preceding paragraph shall not apply if the provision of supplementary work
on the part of a minor aged 16 or above is indispensable to prevent
or repair serious injury to the company, due to the abnormal and unpredictable fact or the
exceptional circumstance yet predictable, whose consequences could not be
avoided, provided that there is no other worker available and for a period not exceeding that
five working days.
3-In the situation referred to in the preceding paragraph, the minor is entitled to the equivalent period of
compensatory rest, to enjoy in the following three weeks.
4-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 76.
Minor work in the night period
1-Is prohibited the work of minor under the age of 16 years between the 20 hours of a
day and the seven hours of the next day.
2-The minor aged 16 or above cannot provide work between the 22
hours of one day and the seven hours of the following day, without prejudice to the provisions of the figures
following.
3-The minor aged 16 or above can provide nighttime work:
a) In activity provided for in an instrument of collective work regulation, except
in the period between the zero and the five hours;
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b) That it be justifying for objective reasons, in activity of a cultural, artistic nature,
sporting or advertising, since having an equivalent period of compensatory rest
the next day or as close as possible.
4-In the case of the previous number, the provision of nighttime work by minor shall be
surveilled by an adult, if it is necessary for the protection of their safety or health.
5-The provisions of paragraphs 2 and 3 shall not apply if the provision of nocturnal work occurs
under circumstance referred to in paragraph 2 of the preceding article, being due to the rest provided for in the
n. 3 of the same article.
6-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 4.
Article 77.
Range of rest of smaller
1-The daily working period of minor should be interrupted by duration interval
between one and two hours, so that it does not pay more than four hours of work
consecutive if you are under the age of 16 years, or four hours and 30 if you are of age
equal to or greater than 16 years.
2-The instrument of collective work regulation may establish duration of the
rest interval of more than two hours, as well as the frequency and duration of others
rest intervals in the daily work period or, in the case of minor with equal age
or more than 16 years, reduction of the range up to 30.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 78.
Daily rest of minor
1-The minor is entitled to daily rest, between the two-day work periods
successive, eat minimum duration of 14 consecutive hours if you are under the age of 16
years, or 12 consecutive hours if you are aged 16 or above.
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2-In relation to less than 16 years of age, the planned daily rest
in the preceding paragraph may be reduced by instrument of collective regulation of
work if it is justified by objective reason, as long as it does not affect its safety or
health and the reduction is compensated in the following three days, in the agriculture sector,
tourism, hotel or catering, in marine vessel of commerce, hospital or
other health establishment or in activity characterized by periods of work
fractionated throughout the day.
3-The provisions of paragraph 1 shall not apply to less than 16 years of age or above that
pay for work whose normal duration is not more than 20 hours per week, or work
occasional for period not exceeding one month:
a) In domestic service carried out in household;
b) In a family company, as long as it is not harmful, harmful or dangerous to the minor.
4-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 79.
Weekly rest of minor
1-The weekly rest of the minor has the duration of two days, if possible consecutive, in
each period of seven days, unless there are technical or organizational reasons for the work, the
define by instrument of collective work regulation, which justifies that the
weekly rest of the minor aged 16 or above have the duration of 36
consecutive hours.
2-The weekly rest of the minor aged 16 or above may be from a
day in situation as to which it relates m the s n. s 2 or 3 of the previous article, provided that the reduction if
justifies by objective reason and, in the first case, be established in instrument of
collective labour regulations, and should in any case be assured rest
suitable.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
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Article 80.
Weekly rest and periods of work of minor in case of pluriemployment
1-If the minor works for several employers, weekly rests must be
coincident and the sum of the working periods shall not exceed the maximum limits of the
normal period of work.
2-For the purposes of the provisions of the preceding paragraph, the minor or, if the latter is of less than
16 years, your legal representatives, shall inform you in writing:
a) Before admission, the new employer, about the existence of another job and the duration
of the work and the corresponding weekly rests;
b) On an admission or whenever there is a change in the working conditions in
cause, the other employers, about the duration of the work and the weekly rests
correspondents.
3-The employer who, being informed under the terms of the previous number, celebrates contract
of work with the minor or change the duration of the work or the weekly rests, is
responsible for compliance with the provisions of paragraph 1.
4-Constitute counter-ordinance grave the violation of the provisions of paragraph 1, by which it is
responsible for the employer who finds himself in the situation referred to in the preceding paragraph.
Article 81.
Participation of minor in spectacle or other activity
The participation of minor in spectacle or other activity of a cultural, artistic nature
or advertisement is regulated in specific legislation.
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Article 82.
Crime by misuse of work of minor
1-A the use of work of minor in violation of the provisions of Article 68 (1) or
of Article 72 (2) shall be punished with imprisonment up to two years or with penalty of
fine up to 240 days, if more serious penalty does not fit by force of another legal provision.
2-In the event that the minor has not completed the minimum age of admission or not to have
completed compulsory education, the limits of the penalties are high for double.
3-In the event of recidivism, the minimum limits of the penalties provided for in the figures
previous ones are high for triple.
Article 83.
Crime of disobedience by non-cessation of the activity of minor
When the service with the inspective competence of the ministry responsible for the labour area
check the violation of the provisions of Article 68 (1) or of the standards relating to work
prohibited as referred to in Article 72 (2), notifies in writing the offender to do so
stop immediately the activity of the minor, with the comination of which, if it does not, incurs
in the crime of qualified disobedience.
SUBSECTION VI
Worker with reduced working capacity
Article 84.
General principles as to the employment of worker with reduced working capacity
1-The employer must facilitate employment to worker with work capacity
reduced, providing you with appropriate working conditions, namely the
adaptation of the job posting, retribution and promoting or assisting actions of
appropriate training and outreach.
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2-The State shall stimulate and support, by the convenient means, the action of the companies in the
achievement of the objectives set out in the preceding paragraph.
3-Regardless of the provisions of the preceding paragraphs, they may be established, by
law or instrument of collective work regulation, special protective measures
of worker with reduced working capacity, particularly with respect to their
admission and conditions for the provision of the activity, always taking into account the interests of the
worker and the employer.
4-The regime of this article appears in specific legislation.
5-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.
SUBSECTION VII
Worker with a disability or chronic disease
Article 85.
General principles as to employment of worker with disabilities or chronic disease
1-The worker with a disability or chronic disease is a holder of the same rights and is
adduct to the same duties as the other workers in access to employment, training,
promotion or professional career and working conditions, without prejudice to the
specifics inherent in their situation.
2-The State shall stimulate and support the action of the employer in the hiring of worker
with disability or chronic disease and in their professional readaptation.
3-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.
Article 86.
Positive action measures in favour of a worker with a disability or chronic disease
1-The employer must adopt appropriate measures for the person with a disability or
chronic disease has access to a job, can exercise it and in it progressing, or for that
have vocational training, except if such measures entail charges
disproportionate.
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2-The State shall stimulate and support, by the convenient means, the action of the employer in the
achievement of the objectives referred to in the preceding paragraph.
3-The charges referred to in paragraph 1 shall not be deemed disproportionate when they are
compensated for state supports, under the terms provided for in specific legislation.
4-Can be established by law or instrument of collective work regulation
specific protective measures of a worker with a disability or chronic disease and
incentives to this or the employer, particularly with respect to admission, conditions
of provision of the activity and adjustment of the job posting, taking into account the respective
interests.
Article 87.
Dispensation of some forms of organisation of the work
1-The worker with a disability or chronic disease is relieved of the provision of
work, if the latter can harm your health or safety at work:
a) On an arranged time according to the adaptability regime;
b) Between the 20 hours of one day and the seven hours of the following day.
2-For the purpose of the provisions of the preceding paragraph, the employee shall be subjected to examination
of health in advance of the start of the application of the time concerned.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 88.
Supplemental work of worker with disability or chronic disease
1-The worker with a disability or chronic disease is not obliged to provide work
supplementary.
2-Constitute counter-ordinance grave the violation of the provisions of this article.
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Subsection VIII
Worker-student
Article 89.
Notion of working-student
1-It is considered working-student the worker who attends any level of
school education, as well as postgraduate course, master's degree or doctorate in
educational institution, or still course of vocational training or occupation program
temp of young people with duration equal to or greater than six months.
2-A maintenance of the status of working-student depends on taking advantage
school in the previous school year.
Article 90.
Organization of the working time of working-student
1-The working hours of the working student-student must, where possible, be adjusted
so as to allow the frequency of classes and the displacement for the establishment of
teaching.
2-When the application of the provisions of the preceding paragraph is not possible, the worker-
student has a right to work dispensation for frequency of classes, if they so require the
school hours, without loss of rights and that counts as effective delivery of work.
3-A work dispensation for frequency of lessons can be used at one time or
fractionately, at the choice of the worker-student, and has the following maximum duration,
depending on the normal weekly working period:
a) Three weekly hours for period equal to or greater than 20 hours and less than 30 hours;
b) Four weekly hours for period equal to or greater than 30 hours and less than 34
hours;
c) Five weekly hours for period equal to or greater than 34 hours and less than 38 hours;
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d) Six weekly hours for equal or greater than 38 hours.
4-The worker-student whose period of work is impossible to adjust, according
with the previous figures, the shift regime to which it is allocated, has preference in the
occupation of job posting compatible with your professional qualification and with the
frequency of classes.
5-Should the adjusted working hours or the work dispensation for frequency of classes
clearly undermines the operation of the company, particularly because of the
number of employees-existing students, the employer promotes an agreement with the
interested worker and the committee of workers or, failing that, the committee
intersindical, union commissions or union delegates, on the extent to which the interest
of that one can be satisfied or, in the lack of agreement, decides grounded, informs
the worker in writing.
6-The student-student is not obliged to provide supplementary work, except for
reason of force majeany, nor work in adaptability regime when the same
coinced with school hours or with proof of assessment.
7-A working-student who pay work in adaptability scheme is assured
one day per month of dispensation, without loss of rights, counting as the effective provision of
work.
8-The worker-student who pays supplementary work is entitled to rest
compensatory of equal number of hours.
9-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2, 3, 4 or 8, and
constitutes mild counterordinance to the violation of the provisions of the n. ºs 6 or 7.
Article 91.
Falters for provision of evaluation evidence
1-The student-student may be missing justifiably on grounds of providing proof
of evaluation, in the following terms:
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a) On the day of the evidence and the immediately preceding;
b) In the case of evidence on consecutive days or from more than one proof on the same day, the
previous days immediately are as many as the evidence to be provided;
c) The immediately preceding days referred to in the previous paragraphs include days of
weekly rest and holidays;
d) The flawings given under the above points may not exceed four days per
discipline in each academic year.
2-The right provided for in the preceding paragraph may only be exercised in two academic years
relatively to each discipline.
3-Considerations are still justified of the missing given by working-student in the strict
measure of the necessary displacements to provide proof of assessment, being reciprocated until
10 outlines in each academic year, regardless of the number of disciplines.
4-It is considered proof of evaluation the examination or other proof, written or oral, or the
presentation of work, when this replaces you or completene and as long as it determines
directly or indirectly the school's use.
5-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 2.
Article 92.
Holidays and work permits-student
1-The student-student is entitled to mark the holiday period in accordance with the
your school needs, and may enjoy up to 15 days of interpolated vacations, in the
measure in which this is compatible with the imperious requirements of the operation of the
company.
2-The student-student is entitled, in each calendar year, to leave without retribution, with the
duration of 10 working days followed or interpolated.
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3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1 and constitutes against-
mild ordering the violation of the provisions of the previous number.
Article 93.
Professional promotion of working-student
The employer must enable the worker-student promotion professional appropriate to the
qualification obtained, not being however compulsory for professional reclassification by mere
effect of qualification.
Article 94º
Grant of the status of working student-student
1-The student-student must prove to the employer his / her condition of
student, also presenting the time of the educational activities to attend.
2-The student-student must choose, among the existing possibilities, the time more
compatible with working hours, under penalty of not benefiting from the inherent rights.
3-It is considered to be educational attainment the transition of year or the approval or progression
in at least half of the disciplines in which the worker-student is enrolled,
the approval or validation of half of the equivalent modules or units of each
discipline, defined by the educational institution or trainer entity for the academic year or
for the annual period of frequency, in the case of educational pathways organized in
modular or equivalent regime that does not define transition conditions of year or
progression in disciplines.
4-It is further considered that it has taken school advantage of the worker who does not satisfy the
provisions of the preceding paragraph due to accident of work or occupational disease, or by
have enjoyed initial parental leave, leave for adoption or supplementary parental leave
per period not less than one month.
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5-The student-student shall not cumulate the rights provided for in this Code with
any schemes that target the same purposes, particularly with regard to the dispensation of
work for frequency of classes, licences on school grounds or falters for provision of
proofs of evaluation.
Article 95.
Cessation and renewal of rights
1-The right to adjusted working hours or the dispensation of work for frequency of
lessons, the marking of the holiday period according to school needs or the leave
without retribution cesses when the worker-student does not take advantage of the year
in which it benefits from that right.
2-The remaining rights cease when the worker-student does not take advantage
in two consecutive years or three interpolates.
3-The rights of the worker-student cease immediately in the event of false
statements with respect to the facts of which the granting of the statute or facts depends
constitutive of rights, as well as when they are used for other purposes.
4-The student-student can exercise again the rights in the subsequent academic year
to the one in which the same ceased, and this situation may not occur more than twice.
Article 96.
Procedure for exercise of working rights-student
1-The student-student must prove before the employer the respective
take advantage, at the end of each academic year.
2-The assiduity control of the worker-student can be done, by agreement with the
worker, directly by the employer, through the administrative services of the
establishment of teaching, by e-mail or fax, in which a date and time is bets
from which the worker-student ends up his school responsibility.
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3-In the absence of agreement the employer may, in the 15 days following the use of the dispensation
of work to this end, require proof of the frequency of lessons, whenever the
establishment of teaching proceed to the control of the frequency.
4-The student-student must apply for leave without retribution with the following
advance:
a) 48 hours or, being infeasible, as soon as possible, in the case of a day of leave;
b) Eight days, in the case of two to five days of leave;
c) 15 days, in the case of more than five days of leave.
SUBSECTION IX
The employer and the company
Article 97.
Power of direction
It is incumbent upon the employer to establish the terms in which the work is to be provided,
within the limits arising from the contract and the standards that govern it.
Article 98.
Disciplinary power
The employer has disciplinary power over the worker at his or her service.
Article 99.
Internal company regulation
1-The employer may draw up internal company regulation on organization and
discipline of work.
2-In the drafting of the internal company regulation is heard the commission of
workers or, in their absence, the interunion commissions, the union commissions or the
union delegates.
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3-The employer must, in advance of the production of effects of the internal regulation:
a) Publication of the respective content, specifically making it available at the headquarters of the
company and in its remaining establishments, so as to enable the
knowledge and the consultation, at all time, by the employees;
b) To send it to the service with the inspective competence of the ministry responsible for
labour area.
4-A The drafting of in-house regulation of company on certain subjects may be
made mandatory by instrument of collective bargaining regulation.
5-Constitute counterordinance leads to violation of the provisions of the n. ºs 2 or 3.
Article 100.
Types of companies
1-Consider:
a) Microenterprise to which it employs fewer than 10 employees;
b) Small company to which it employs from 10 a fewer than 50 employees;
c) Average company to which it employs 50 a fewer than 250 employees;
d) Big company to which it employs 250 or more workers.
2-For the purposes of the preceding paragraph, the number of workers corresponds to the average of the
calendar year antecedent.
3-In the year of commencement of activity, the number of employees to be taken into account for application
of the scheme is the existing one on the day of the occurrence of the fact.
Article 101.
Plurality of employers
1-The employee may force himself to provide work to several employers among whom
there is a society-related relationship of reciprocal, domain, or group shareholdings, or that
have common organisational structures.
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2-The contract of employment with plurality of employers is subject to written form and
must contain:
a) Identification, signatures and domicile or seat of the parties;
b) Indication of the activity of the worker, the place and the normal period of work;
c) Indication of the employer representing the rest in the performance of the duties and the
exercise of the emerging rights of the contract of employment.
3-Employers are jointly and severally responsible for the fulfillment of the obligations
arising from the employment contract, the creditor whose creditor is the worker or third party.
4-Cessing the situation referred to in paragraph 1, the worker shall be deemed to be only
linked to the employer referred to in point (c) of paragraph 2, unless otherwise agreed.
5-A The violation of requirements stated in paragraph 2 gives the employee the right to opt
by the employer to which it is linked.
6-Constitui counter-ordinance grave the violation of the provisions of the n. ºs 1 or 2, being
responsible for the same all employers.
SECTION III
Formation of the contract
SUBSECTION I
Negotiation
Article 102.
Blame on the formation of the contract
Who negotiates with outrain for the conclusion of a contract of employment must, both in the
preliminary as in the formation of it, proceed according to the rules of good faith, under penalty of
respond by the culposely caused damage.
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SUBSECTION II
Promise of contract of employment
Article 103.
Scheme of the promise of contract work
1-A The promise of contract of employment is subject to written form and must contain:
a) Identification, signatures and domicile or seat of the parties;
b) Declaration, in no uncertain terms, of the will to the promitent or promitent if
obligate to conclude the said contract;
c) Activity to be provided and corresponding retribution.
2-The non-fulfillment of the promise of employment contract gives way to responsibility
in the general terms.
3-The promise of employment contract shall not apply to the provisions of Article 830 of the
Civil Code.
SUBSECTION III
Contract of accession
Article 104.
Contract of accession work
1-A contractual will of the employer can manifest itself through internal regulation
of company, and that of the employee by the express or tacit adherence to the same regulation.
2-Presume the membership of the employee when the latter does not object in writing within the period of
21 days, from the beginning of the implementation of the contract or the disclosure of the regulation, if
this is later.
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Article 105.
General contractual clauses
The scheme of the general contractual clauses applies to the essential aspects of the contract of
work that does not result from prior specific negotiation, even in the part where your
content to be determined by remission to instrument of collective regulation of
work.
SUBSECTION IV
Information on relevant aspects in the provision of work
Article 106.
Duty of information
1-The employer must inform the employee about relevant aspects of the contract of
work.
2-The employee must inform the employer about relevant aspects for the provision
of the labour activity.
3-The employer must provide the employee with at least the following information:
a) the respective identification, namely, being a society, the existence of a relationship
of the society-wide coalition, of reciprocal, domain or group shareholdings, as well as the
home or household;
b) The place of work or, where there is no fixed or predominant, the indication that the
work is provided in several locations;
c) the category of the worker or the summary description of the corresponding functions;
d) the date of conclusion of the contract and that of the beginning of its effects;
e) the foreseeable duration of the contract, if this is entered into the term;
f) The duration of the holidays or the criterion for their determination;
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g) The advance notice periods to be observed by the employer and the employee for the
termination of the contract, or the criterion for its determination;
h) the value and periodicity of the retribution;
i) The normal period of daily and weekly work, specifying the cases in which it is defined
in average terms;
j) The number of the accident insurance policy and the identification of the entity
insurer;
l) The instrument of collective employment regulation applicable, if any.
4-A information on the elements referred to in points (f) to i) of the preceding paragraph may
be replaced by the reference to the relevant provisions of the law, of the instrument of
collective regulation of applicable work or internal company regulation.
5-Constitute counterordinance leads to violation of the provisions in any paragraph of paragraph 3.
Article 107.
Means of information
1-A information provided for in the previous article shall be provided in writing, and may appear
of one or several documents, signed by the employer.
2-When information is provided through more than one document, one of them must
contain the elements referred to in points (a) to (d), (h) and (i) of paragraph 1 of the preceding Article.
3-The duty provided for in paragraph 1 of the preceding Article shall be deemed to be fulfilled when the
information in question consents to contract of employment reduced to written or contract-
promise of contract of employment.
4-The documents referred to in paragraphs 1 and 2 shall be delivered to the employee in the 60 days
subsequent to the commencement of the execution of the contract or, if this cessation before this deadline, to the
respective term.
5-Constitute counterordinance leads to violation of the provisions of the n. ºs 1, 2 or 4.
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Article 108.
Information on the provision of work abroad
1-If the employee whose contract of employment is governed by Portuguese law exercises the
your activity in the territory of another State for a period of more than one month, the employer
should provide you, in writing and up to your departure, the following supplementary information:
a) foreseeable duration of the period of work to be provided abroad;
b) Currency and place of payment of pecuniary benefits;
c) Conditions of repatriation;
d) Access to health care.
2-A information referred to in paragraph (b) or (c) of the preceding paragraph may be replaced by
reference to provisions of law, instrument for collective employment regulation or
internal company regulation that regulates the matter referred to therein.
3-Constitute counterordinance leads to violation of the provisions of this article.
Article 109.
Updating of information
1-The employer must inform the employee about change relating to any
element referred to in Article 106 (3) or in paragraph 1 of the previous article, in writing and in the
30 subsequent days.
2-The provisions of the preceding paragraph shall not apply when the amendment resulted from law, of
instrument for collective regulation of work or internal regulation of
company.
3-The employee must provide the employer with information on all changes
relevant to the provision of the employment activity, within the time limit set out in paragraph 1.
4-Constitute counterordinance leads to violation of the provisions of paragraph 1.
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SUBSECTION V
Form of contract of employment
Article 110.
General rule on the form of employment contract
The contract of employment does not depend on the observance in a special way, unless the law
determines otherwise.
SECTION IV
Experimental period
Article 111.
Notion of experimental period
1-The trial period corresponds to the initial time of execution of the contract of
work, during which the parties appreciate the interest in their maintenance.
2-In the course of the trial period, the parties shall act in such a way that they may
appreciate the interest in the maintenance of the contract of employment.
3-The experimental period can be excluded by written agreement between the parties.
Article 112.
Duration of the experimental period
1-In the contract of employment for indefinite time, the experimental period has the
following duration:
a) 180 days for the generality of employees;
b) 240 days for worker who will exercise direction or higher frame.
2-In the fixed-term employment contract, the trial period has the following duration:
a) 30 days in case of contract lasting for six months or more;
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b) 15 days in the event of a fixed-term contract lasting less than six months or of
contract to an uncertain term whose foreseeable duration does not exceed that limit.
3-In the contract in commission of service, the existence of experimental period depends on
stipulation expressed in the agreement, may not exceed 180 days.
4-The experimental period,, according to any of the previous figures is reduced
proportionally or excluded, for provision, to the same employer, of activity
corresponding to the same group or professional career, depending on the duration of contract
the term or previous temporary work the implementation of which comes to fruition in the same post
of work, or still of contract of provision of services for the same object, has
been less than or equal to or greater than the duration of that.
5-A duration of the experimental period can be reduced by instrument of
collective labour regulations or by written agreement between parties.
6-A The worker's seniority has been taken care of since the beginning of the trial period.
Article 113.
Counting of the experimental period
1-The experimental period counts from the beginning of the implementation of the provision of the
worker, understanding action of training determination by the employer, in the party
in which it does not exceed half the duration of that period.
2-They are not considered in the counting the days of lack, yet justified, of leave, of
dispensation or suspension of the contract.
Article 114.
Denunciation of the contract during the trial period
1-During the experimental period, unless written agreement to the contrary, either party
may denounce the contract without prior notice and invocation of just cause, nor right to
compensation.
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2-Having the experimental period lasted more than 60 days, the denunciation of the contract by part
of the employer depends on prior notice of seven days.
SECTION V
Activity of the worker
Article 115.
Determination of the activity of the worker
1-It is up to the parties to determine by agreement the activity for the employee to be hired.
2-A The determination referred to in the preceding paragraph may be made by remission to
category of instrument of collective work regulation or regulation
internal company.
3-When the nature of the activity involves the practice of legal business, it is considered
that the employment contract grants the employee the necessary powers, save if the law
require special instrument.
Article 116.
Technical autonomy
The subjection to the authority and direction of the employer is without prejudice to the technical autonomy of the
worker inherent in the activity provided, in the terms of the legal or deontological rules
applicable.
Article 117.
Effects of a lack of professional title
1-Where the exercise of certain activity is found to be legally conditioned
to the possession of a professional title, specifically professional portfolio, its lack determines the
nullity of the contract.
2-When the professional title is withdrawn to the worker, by decision he no longer admits
recourse, the contract shall lapse as soon as the parties are notified of the decision.
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Article 118.
Functions performed by the worker
1-The employee shall, in principle, perform duties corresponding to the activity for
which is found to be engaged, and the employer assigned to him, in the context of the said
activity, the functions most appropriate to your skills and professional qualification.
2-A contracted activity, yet determined by remission to professional category
of instrument of collective labour regulation or internal regulation of
company, comprises the functions that are related to it or functionally connected, for the
which the worker has adequate qualification and which does not involve devaluation
professional.
3-For the purposes of the preceding paragraph and without prejudice to the provisions of instrument of
collective labour regulations, consider themselves to be related or functionally linked,
inter alia, the functions understood in the same group or professional career.
4-Where the exercise of accessory functions requires special qualification, the worker
has a right to vocational training not less than 10 hours annually.
5-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 119.
Change to lower category
The change of the worker to lower category than the one for which he / she is hired
may take place upon agreement, on grounds of pressing need of the company or
of the employee, and shall be authorised by the service with the inspected competence of the
ministry responsible for the labour area in the case of determining diminished consideration.
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Article 120.
Functional mobility
1-The employer may, when the interest of the company requires it, charge the employee with
to temporarily perform functions not understood in the contracted activity, provided that
this does not imply substantial modification of the position of the worker.
2-The parties may extend or restrict the faculty conferred on the preceding paragraph,
upon agreement that lapses after two years if it has not been applied.
3-A The order of amendment must be justified, mentioning where the agreement is made
referred to the preceding paragraph, and indicate the foreseeable duration of the same, which shall not
surpass two years.
4-The provisions of paragraph 1 shall not imply diminishing consideration, the employee
right to the most favourable working conditions that are inherent in the duties exercised.
5-Unless otherwise provided, the employee does not acquire the category corresponding to the
functions temporarily exerted.
6-The provisions of the preceding paragraphs may be sidelined by instrument of
collective labour regulations.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 3 or 4.
SECTION VI
Unvalidity of the contract of employment
Article 121.
Partial invalidity of contract of employment
1-A nullity or partial cancellation does not determine the invalidity of the entire contract of
work, save when it is showing that this would not have been celebrated without the addicted part.
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2-A labour contract clause that viole imperative standard considers itself to be replaced
for this one.
Article 122.
Effects of the invalidity of contract work
1-The contract of employment declared void or void produces effects as valid in
relation to the time in which it is performed.
2-A The amending act of contract of employment that is invalid applies the provisions of the
previous number, provided that it does not affect the worker's guarantees.
Article 123.
Unvalidity and termination of employment contract
1-A extinctive fact occurred prior to the declaration of nullity or cancellation of contract of
work apply the standards on termination of the contract.
2-If it is declared void or annulled the contract to term that has already ceased, the
compensation has by limit the value set out in Article 391 or 399, respectively
for illicit dismissal or denunciation without prior notice.
3-To the invocation of invalidity by the part of bad faith, being the other in good faith, followed by
immediate cessation of the provision of work, the scheme for the compensation provided for in the
n Article 390 (3) or in Article 399 for the unlawful dismissal or the complaint without
prior notice, as the case.
4-A bad faith consists of the conclusion of the contract or the maintenance of this with the
knowledge of the cause of invalidity.
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Article 124.
Contract with object or end contrary to the law, public order or offensive of the good
customs
1-If the contract of employment has by object or end an activity contrary to the law, to the
public order or offensive of the good customs, the part that knew the ilicitude loses the
favour of the service responsible for the financial management of the Social Security budget as
the auwound advantages arising from the contract.
2-A part that knew ilicitude cannot exudes itself to the fulfillment of any
contractual or legal obligation, nor reaver what you have provided or your value, when the other
part ignore this ilicitude.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 125.
Convalidation of contract of employment
1-Cessing the cause of the invalidity during the execution of contract of employment, this
considers itself to be convalidated from the beginning of the execution.
2-In the case of contract referred to in the previous article, the convalidation only produces effects to
from the moment it cesses the cause of the invalidity.
SECTION VII
Rights, duties and guarantees of the Parties
SUBSECTION I
General provisions
Article 126.
General duties of the parties
1-The employer and the employee shall proceed in good faith in the exercise of their rights
and in the performance of their respective obligations.
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2-In the execution of the employment contract, the parties must collaborate in achieving the largest
productivity, as well as in the human, professional and social promotion of the worker.
Article 127.
Duties of the employer
1-The employer shall, inter alia:
(a) to respect and treat the worker with urbanity and probity;
b) Paying punctually the retribution, which must be fair and appropriate to the work;
(c) provide good working conditions, from the physical and moral point of view;
d) To contribute to the elevation of productivity and employability of the worker,
particularly providing you with appropriate vocational training to develop your
qualification;
(e) to respect the technical autonomy of the employee carrying out activity whose regulation
or professional deontology to be exhibited;
(f) enabling the exercise of posts in representative structures of employees;
(g) Preventing occupational hazards and diseases, taking into account the protection of safety and health
of the worker, and shall indemnify him from the damage resulting from accidents at work;
h) Adopt, with regard to safety and health at work, the measures that arise from
law or instrument of collective labour regulation;
i) To provide the employee with appropriate information and training for the prevention of risks of
accident or disease;
j) Manter updated, in each establishment, the registration of workers with indication
of name, dates of birth and admission, modality of contract, category, promotions,
retributions, start dates and term of the holidays and flaws that imply loss of the retribution
or decrease of vacation days.
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2-In the organisation of the activity, the employer must observe the general principle of the
adaptation of the work to the person, with a view to alleviating the monotonous work
or enrolled in function of the type of activity, and the requirements on safety and
health, specifically with regard to pauses during working hours.
3-The employer must provide the employee with working conditions that they favour
the reconciliation of professional activity with family life.
4-The employer must report to the service with inspective competence of the ministry
responsible for the labour area, before the start of the business of the company, the denomination,
sector of activity or social object, address of the head office and other places of work,
indication of the official publication of the respective social compact, status or constitutive act,
identification and domicile of the respective managers or administrators, the number of
workers to the service and the insurance policy of accidents at work.
5-A change of the elements referred to in the preceding paragraph shall be communicated in the time limit
of 30 days.
6-Constitute counter-ordinance leads to violation of the provisions of paragraph 1 (j) or in the n.
4 or 5.
Article 128.
Duties of the worker
1-Without prejudice to other obligations, the employee shall:
(a) Respect and treat the employer, the hierarchical superiors, the fellows
and the people who relate to the company, with urbanity and probity;
b) attend the service with assiduity and punctuality;
c) Realize the work with zeal and diligence;
d) Participate in a diligent manner in professional trainings that are
provided by the employer;
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(e) comply with the orders and instructions of the employer relating to the execution or discipline of the
work, as well as safety and health at work, which are not contrary to their
rights or guarantees;
f) Guarding loyalty to the employer, notably by not trading on their own or
alheia in competition with him, nor disclosing information regarding his organization,
methods of production or business;
g) Velar for the conservation and good use of goods related to the work that
are entrusted by the employer;
h) Promote or carry out the acts aimed at improving the productivity of the company;
i) Cooperate for the improvement of safety and health at work, particularly by
intermediate of the representatives of the elected workers to that end;
(j) comply with the prescriptions on safety and health at work elapse by law or
tool for collective labour regulation.
2-The duty of obedience respects both the orders or instructions of the employer and of
hierarchical superior of the worker, within the powers that by the one to be
assigned.
Article 129.
Guarantees of the worker
1-It is forbidden to the employer:
a) Oporse, in any form, to which the employee shall exercise his / her rights, as well as
dismiss him, apply him another sanction, or treat him unfavorably because of that
exercise;
b) Obstar unjustifiably to the effective provision of work;
(c) to exert pressure on the employee to act in the direction of influencing
unfavorably in the working conditions of him or the fellows;
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(d) diminish the consideration, save in the cases provided for in this Code or in instrument of
collective labour regulations;
e) to change the worker to lower category, save in the cases provided for in this Code;
f) Transfer the worker to another place of work, save in the cases provided for in this
Code or in the instrument of collective work regulation, or still when there is
agreement;
g) Ceder worker for use of third party, save in the cases provided for in this Code or
in instrument of collective work regulation;
h) To obligate the employee to acquire goods or services to himself or the person by him
indicated;
i) Explore, with a lucrative end, canteen, dining hall, economate or other establishment
directly related to the work, for the supply of goods or provision of
services to their employees;
j) To cease the contract and to readmit the worker, even with his / her agreement, with the
purpose of harming it in law or warranty arising from seniority.
2-Constitui counterordinate very serious violation of the provisions of this article.
SUBSECTION II
Vocational training
Article 130.
Objectives of vocational training
They are objectives of vocational training:
(a) provide initial qualification to young person entering the labour market without such
qualification;
b) to ensure the continuing education of the employees of the company;
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c) Promoting the qualification or professional conversion of worker at risk of
unemployment;
d) Promoting the professional rehabilitation of disabled worker, in particular
of the one whose disability results from an accident of work;
e) Promote the socio-professional integration of worker belonging to group with
particular difficulties of insertion.
Article 131.
Continuous training
1-Within the scope of continuing education, the employer shall:
a) Promoting the development and suitability of the skill of the worker, having in
be seen to improve their employability and increase productivity and competitiveness of the
company;
b) Ensuring each employee a minimum annual number of hours of training, through
of shares developed in the company or concession-time for frequency of
training on the initiative of the worker;
c) Organizing the training in the company, structuring annual training plans or
multiannual and, in respect of these, ensuring the right to information and consultation of the
workers and their representatives;
d) recognize and value the qualification acquired by the worker.
2-The worker is entitled, in each year, to a minimum number of 35 hours of training
certified or, being contracted to term by period equal to or greater than three months, a
minimum number of hours proportional to the duration of the contract in that year.
3-It is considered certified training to which it is developed by trainer entity
certified for the purpose, or by establishment of teaching recognized by the ministry
competent.
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4-For the purpose of fulfillment of the provisions of paragraph 2, the hours of
dispensation of work for frequency of classes and flawing for provision of proof of
assessment, under the student-student scheme, as well as the absences to which there is
place in the framework of process of recognition, validation and certification of competences.
5-The employer shall ensure, in each year, continuous training to at least 10% of the
employees of the company.
6-The employer can anticipate up to two years, or differ for equal period, as long as the
training plan to be provided for, the efection of the annual training referred to in paragraph 2,
imputing the training carried out to the fulfillment of the oldest obligation.
7-The period of anticipation referred to in the preceding paragraph shall be five years in the case of
recognition process frequency, validation and certification of competencies, or of
formation that confers double certification.
8-A continuing education that is ensured by the user or the transferee, in the case
of, respectively, temporary work or occasional ceding of worker, exonates the
employer, there may be place for compensation from this in terms of waking up.
9-The provisions of the law on continuing education may be sidelined by convention
collective that takes into account the characteristics of the sector of activity, the qualification of the
workers and the size of the business.
10-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 5.
Article 132º
Credit of hours and allowance for continuing education
1-The hours of training provided for in paragraph 2 of the preceding Article, which are not secured
by the employer until the end of the two years later to their maturity, transform-
if in credit of hours in equal number for training on the initiative of the worker.
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2-The credit of hours for training is referred to the normal period of work, confers
right to retribution and counts as effective service time.
3-The worker can use the credit of hours for the frequency of trainings,
upon communication to the employer at the minimum 10 days ' notice.
4-By instrument of collective work regulation or individual agreement, may
be established a grant for payment of the cost of the training, up to the value of the
retribution of the hours credit period used.
5-In case of cumulation of hours credits, the training carried out is imputed to the
credit won longer ago.
6-The credit of hours for training that is not used in basket past three years on
its constitution.
Article 133.
Content of continuing education
1-A The area of continuing education is determined by agreement or, in the absence of this, by the
employer, in which case it must coincide or be in an end with the activity provided by the
worker.
2-A area of the training referred to in the previous article is chosen by the worker,
having to have correspondence with the activity provided or to respect the technologies of
information and communication, safety and health at work or foreign language.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 134.
Effect of the termination of the employment contract on the right to training
By ceasing the contract of employment, the employee is entitled to receive the consideration
corresponding to the annual minimum number of hours of training that has not been
provided, or to the credit of hours for training that it is a holder of the date of cessation.
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SECTION VIII
Accessory clauses
SUBSECTION I
Condition and term
Article 135.
Condition or suspensive term
To the contract of employment may be affixed, in writing, condition or suspensive term, in the
general terms.
SUBSECTION II
Clauses of limitation of freedom of work
Article 136.
Non-compete pact
1-It is void the contract of employment or instrument of regulation
work collective which, in any form, can harm the freedom of work
after the termination of the contract.
2-It is lawful to limit the activity of the worker for the maximum period of two years
subsequent to the termination of the contract of employment, under the following conditions:
a) Constar of written agreement, in particular of contract of work or revocation
of this;
b) Tratar of activity whose exercise may cause injury to the employer;
c) Assignment to the employee, during the period of limitation of the activity, a compensation
which can be reduced equitably when the employer has carried out expenses
avuled with their professional training.
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3-In the event of dismissal declared illicit or resolution with fair cause by the
worker on the grounds of an unlawful act of the employer, the compensation to which he relates
a point (c) of the preceding paragraph shall be raised to the value of the base consideration at the date of the cessation
of the contract, under penalty of not being able to be invoked the limitation of the activity provided for in the
non-compete clause.
4-Are deducted from the amount of compensation referred to in the preceding paragraph
importances earned by the employee in the exercise of other professional activity,
commenced after the termination of the employment contract, up to the value arising from the application of the
n (c) of paragraph 2.
5-Dealing with an employee affection for the exercise of activity whose nature supposes
special relationship of trust or that you have access to particularly sensitive information in the
plan of the competition, the limitation referred to in paragraph 2 may last up to three years.
Article 137.
Pact of permanence
1-The parties may convene that the worker obliges himself not to report the contract
of work, for a period of not more than three years, as compensation to the employer
by avulated expenses made with their vocational training.
2-The worker may disforce himself from the fulfilment of the agreement provided for in the number
previous upon payment of the amount corresponding to the expenses referred to therein.
Article 138.
Limitation of freedom of work
It is void the agreement between employers, particularly in clause of contract of use
of temporary work, which prohibits the admission of worker who they pay for or have
provided work, as well as obrigue, in case of admission, to the payment a
compensation.
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SECTION IX
Modalities of employment contract
SUBSECTION I
Contract to term resolute
Article 139.
Regime of the resolute term
The scheme of the working contract on the resolute term, constant of this subsection,
can be sidelined by instrument of collective work regulation, with the exception
of point (b) of paragraph 4 of the following article and of paragraphs 1, 4 and 5 of Article 148.
Article 140.
Admissibility of work contract on a resolute term
1-The working contract the term resolutely can only be concluded for satisfaction of
temporary need of the company and for the period strictly necessary to the satisfaction
of that need.
2-It is considered, inter alia, temporary need of the company:
a) Direct or indirect replacement of a missing employee or that, for any reason, if
find it temporarily prevented from working;
b) Direct or indirect replacement of worker in respect of which it is pending in
judgment action of the discretion of the liceness of dismissal;
c) Direct or indirect replacement of worker in leave situation without consideration;
d) Replacement of full time worker who pass on to work on time
partial per period determined;
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e) Seasonal Activity or another whose annual production cycle presents irregularities
arising from the structural nature of the respective market, including the supply of
material-prima;
(f) exceptional addition of activity of the company;
g) Execution of occasional task or determined service precisely defined and not
lasting;
h) Execution of work, project or other defined and temporary activity, including the
execution, direction or supervision of civil construction works, public works,
assemblies and industrial repairs, either in employment arrangements or in direct administration,
as well as the respective projects or other complementary control activity and
follow up.
3-Without prejudice to the provisions of paragraph 1, only contract of work may be concluded
uncertain in situation referred to in any of paragraphs (a) to (c) or (e) to (h) of the preceding paragraph.
4-In addition to the situations provided for in paragraph 1, the term contract of work may be concluded
right to:
(a) Launching of new activity of uncertain duration, as well as initiation of laboring of
company or establishment owned by the company with less than 750 employees;
b) Hiring of worker looking for first job, in unemployment situation
of long duration or in another provided for in special employment policy legislation.
5-It is up to the employer the proof of the facts justifying the conclusion of contract of
work the term.
6-Constitui counter-ordinance very serious violation of the provisions of any of the n.
at 4.
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Article 141.
Form and content of contract work to term
1-The fixed-term employment contract is subject to written form and shall contain:
a) Identification, signatures and domicile or seat of the parties;
b) Activity of the worker and corresponding retribution;
c) Place and normal period of work;
d) Start date of the work;
e) Indication of the stipulated term and of the respective justifiable reason;
f) Dates of conclusion of the contract and, being the right term, of the respective cessation.
2-In the absence of the reference required by paragraph (d) of the preceding paragraph, it is considered that the
contract has commencement on the date of its celebration.
3-For the purposes of paragraph (e) of paragraph 1, the indication of the justification for the term shall be
made with express mention of the facts that integrate it, and the relationship should be established
between the justification invoked and the stipulated term.
4-Constitute counter-ordinance grave the violation of the provisions of paragraph 1 (e) or the n.
3.
Article 142.
Special cases of very short work contract
1-The contract of employment in agricultural seasonal activity or for holding event
tourist duration of not more than one week is not subject to written form, owing the
employer to communicate their celebration to the competent Social Security service,
by means of electronic form containing the elements referred to in points (a), (b) and (d)
of paragraph 1 of the preceding article, as well as the place of work.
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2-The provisions of the preceding paragraph shall apply to fixed-term employment contracts with the same
worker whose total duration does not exceed 60 days of work in the calendar year.
3-In the event of a breach of the provisions of any of the preceding paragraphs, the contract
considers itself to be concluded by the six-month period, counting on this term the duration of
previous contracts concluded under the same precepts.
Article 143.
Succession of contract work to term
1-A termination of employment contract to term, by reason not attributable to the employee,
prevents new admission or allocation of worker through fixed-term employment contract
or of temporary work whose execution comes to fruition in the same job, or
also of contract for the provision of services for the same object, concluded with the same
employer or society that with this one finds in relation to reciprocal shareholdings,
of domain or group, before a period of time equivalent to one-third has elapsed
of the duration of the contract, including renovations.
2-The provisions of the preceding paragraph shall not apply in the following cases:
a) New absence of the substituted worker, when the fixed-term employment contract has
been celebrated for its replacement;
(b) exceptional addition to the business of the Company, after the termination of the contract;
c) Seasonal Activity;
d) Worker previously contracted under the scheme applicable to the hiring of
worker looking for first job.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
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Article 144.
Information relating to contract of work to term
1-The employer shall communicate the conclusion of contract of employment to term, with
indication of the respective justifiable reason, as well as the cessation of the same to the committee
of workers and the trade union association in which the employee is filleted, within the period of
five working days.
2-The employer must communicate quarterly to the service with inspective competence
of the ministry responsible for the labour area the elements referred to in the preceding paragraph.
3-The employer must communicate, within five business days, to the entity with
competence in the area of equality of opportunity between men and women the reason for
not renewal of contract work to term whenever a cause is concerned
pregnant worker, puerpera or lactating.
4-The employer shall affix information relating to the existence of jobs
permanent that are available in the company or establishment.
5-Constitute counterordinance leads to violation of the provisions of this article.
Article 145.
Preference in admission
1-The contract worker has a preference in admission, on equal basis
conditions, should the employer start external recruitment procedure for duties
identical, up to 30 days after the termination of the respective contract.
2-A violation of the provisions of the preceding paragraph obliges the employer to indemnify the
worker at the value corresponding to three months of base retribution.
3-It is up to the employee to claim the violation of the preference provided for in paragraph 1 and the employer to
proof of compliance with the provisions of that precept.
4-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
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Article 146.
Equal treatment in the framework of contract to term
1-The contract worker has the term has the same rights and is adstrite to the same
permanent worker duties in comparable situation, save if objective reasons
justify differential treatment.
2-The term contract workers are considered, for the purposes of the determination
of the social obligations related to the number of workers, based on the average
of those existing in the company at the end of each month of the previous calendar year.
Article 147.
Contract of work without a term
1-It is considered without term the contract of employment:
a) In which the term stipulation has an end to delude the provisions governing the
contract without a term;
(b) concluded outside the cases provided for in Article 140;
c) Where the reduction in writing, identification or signature of the parties, or, or,
simultaneously, the dates of conclusion of the contract and commencement of the work, well
like the one in which they omit or are insufficient the references to the term and
to the justifiable reason;
(d) concluded in violation of the provisions of Article 143 (1).
2-Convert yourself to contract of work without term:
a) The one whose renewal has been made in violation of the provisions of Article 149;
b) The one where the duration of the duration or the number of renovations to be exceeded
refers to the following article;
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c) The entered into uncertain term, when the employee remains in business after the date
of lapse indicated in the communication of the employer or, in the absence of this, decorated 15
days after verification of the term.
3-In situation referred to in paragraph 1 or 2, the seniority of the worker counts from the beginning
of the provision of work, except in a situation referred to in point (d) of paragraph 1, where
understands the time of work provided in fulfillment of successive contracts.
Article 148.
Duration of contract work to term
1-The right term employment contract can be renewed up to three times and its duration
may not exceed:
a) 18 months, when it comes to the person looking for first employment;
b) Two years, in the remaining cases provided for in Article 140 (4);
c) Three years, in the remaining cases.
2-The right term employment contract can only be concluded by a term of less than six
months in situation provided for in any of paragraphs (a) to (g) of Article 140 (2), no
may the duration be lower than that provided for the task or service to be carried out.
3-In the event of a breach of the provisions of the first part of the preceding paragraph, the contract
considers itself to be concluded by the six-month period as long as it corresponds to the satisfaction of
temporary needs of the company.
4-A The duration of the contract of employment to an uncertain term cannot be more than six years.
5-It is included in the ceiling of the limit referred to in paragraph 1 a (c) of the contract duration of
work on term or temporary work the implementation of which is concretising in the same post
of work, as well as of contract of service for the same object, between the
worker and the same employer or societies that with this one find themselves in relation
of reciprocal, domain or group shareholdings.
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Article 149.
Renewal of work contract the right term
1-The parties may agree that the fixed-term employment contract shall not be subject to
renewal.
2-In the absence of stipulation referred to in the preceding paragraph and declaration of
any of the parties that makes it cease, the contract renews itself at the end of the term, by equal
period if another is not agreed by the parties.
3-A The renewal of the contract is subject to the verification of its admissibility, in the terms
anticipated for its celebration, as well as the same form requirements in the case of whether
stipulate different period.
SUBSECTION II
Part-time work
Article 150.
Notion of part-time work
1-It is considered part-time work which corresponds to a normal period of
weekly work lower than the practiced full time in comparable situation.
2-For previous number effects, if the normal period of work is not equal in each
week, is considered the respective average in the applicable reference period.
3-The part-time work can be provided only on a few days a week, by
month or per year, owing to the number of days of work being established by agreement.
4-The situations of part-time and full-time worker are
comparable when these prestakes identical work in the same establishment or, not
there being in this worker in comparable situation, in another establishment of the same
company with identical activity, and should be taken into account the seniority and the
qualification.
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5-If there is no employee in comparable situation pursuant to the preceding paragraph,
meets the provisions of instrument of collective labour regulations or in the law
for full time worker and with the same seniority and qualification.
6-The instrument of collective labour regulation may set the limit
maximum percentage of the complete time that determines the qualification of the time
partial, or comparison criteria in addition to those provided for in the final part of paragraph 4.
Article 151.
Freedom from conclusion of contract of part-time employment
Freedom of conclusion of contract of part-time employment contract cannot be excluded
by instrument of collective work regulation.
Article 152.
Preference in admission for part-time work
1-The instruments of collective work regulation shall establish, for the
admission to part-time, preferences in favor of person with
family responsibilities, with reduced work capacity, with disabilities or
chronic disease or that frequent educational establishment.
2-Constitui counter-ordinance grave the disrespect of preference set out in the terms
of paragraph 1.
Article 153.
Form and content of part-time contract work
1-The contract of part-time employment is subject to written form and shall contain:
a) Identification, signatures and domicile or seat of the parties;
b) Indication of the normal period of daily and weekly work, with comparative reference to
work on full time.
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2-In the absence of the indication referred to in paragraph (b) of the preceding paragraph, it shall be presumed that the
contract is celebrated in full time.
3-When no written form has been observed, the contract concluded shall be deemed to be
full time.
Article 154.
Conditions of part-time work
1-A part-time worker shall apply for the scheme provided for in law and in instrument of
collective labour regulations which, by their nature, do not imply the provision of
work on full time.
2-The part-time worker may have no less favourable treatment than the
full time worker in comparable situation, unless a treatment
different is warranted for objective reasons, which can be defined by instrument of
collective labour regulations.
3-The part-time worker is entitled:
a) To the base consideration and other benefits, with or without retributive character, provided for
in law or in the instrument of collective work regulation or, if they are
more favorable, to the ausores per worker full time in situation
comparable, in the proportion of the respective normal weekly working period;
b) To the meal allowance, in the amount provided for in the instrument of regulation
working collective or, in case it is more favourable, to the practiced in the company, except
when the normal daily working period is less than five hours, in which case
is calculated in proportion to the respective normal weekly working period.
4-Constitute counter-ordinance grave the violation of the provisions of this article.
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Article 155.
Change in the duration of part-time work
1-The part-time worker can go on to work full-time, or the reverse,
either final or for a definite period, upon written agreement with the
employer.
2-The worker may make a cessation of the agreement referred to in the preceding paragraph by means of
written communication sent to the employer until the seventh day following the celebration.
3-Except from the provisions of the preceding paragraph the modification agreement of the period of
work duly dated and whose signatures are the subject of notarial recognition
presential.
4-When the passage of full-time work for part-time, in the
terms of paragraph 1, check itself for a given period, elapsed this, the worker has
right to resume the provision of full time work.
5-Constitute counter-ordinance grave the violation of the provisions of paragraph 4.
Article 156.
Duties of the employer in case of part-time work
1-Whenever possible, the employer shall:
a) Take into account the request for change of the worker in full time to
partial time work available in the establishment;
b) Take into consideration the request for change of the part-time worker to
work available in full-time, or increase in your working time;
(c) facilitating access to part-time work at all levels of the company, including the
management positions.
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2-The employer must, still:
a) Provide the employees, in a timely way, information on the posts of
Part-time and full time work available in the establishment, so as to
facilitate the changes to which subparagraphs (a) and (b) of the preceding paragraph are referred;
b) Provide the structures of collective representation of the employees of the company
appropriate information about the part-time work practiced in the company.
3-Constitute counterordinance leads to violation of the provisions of the previous number.
SUBSECTION III
Intermittent work
Article 157.
Admissibility of intermittent work
In a company that pursues activity with discontinuity or variable intensity, the parties
may agree that the provision of work is intersquared by one or more periods of
inactivity.
Article 158.
Form and content of intermittent work contract
1-Intermittent employment contract is subject to written form and shall contain:
a) Identification, signatures and domicile or seat of the parties;
b) Indication of the annual number of hours of work, or the annual number of days of
work on full time.
2-When no written form has been observed, or in the absence of the referral referred to in the
(b) of the preceding paragraph, the contract concluded without period of time is considered
inactivity.
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3-The contract shall be deemed to be concluded by the annual number of hours resulting from the willing
in paragraph 2 of the preceding Article, if the annual number of hours of work or the annual number
of working days full-time is less than that limit.
Article 159.
Period of work provision
1-Parties establish the duration of the provision of work, in a consecutive manner or
interpolated, as well as the beginning and term of each working period, or in advance
with which the employer must inform the worker of the beginning of that.
2-A The provision of work referred to in the preceding paragraph shall not be less than six months
consecutive full time, per year.
3-A in advance referred to in paragraph 1 shall not be less than 20 days.
4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 160.
Rights of the worker
1-During the period of inactivity, the employee is entitled to retributive compensation
in value set out in instrument of collective work regulation or, in its
the lack, of 20% of the base consideration, payable by the employer with periodicity equal to that of the
retribution.
2-The holiday and Christmas allowances are calculated on the basis of the average of the values of
retribution and retributive compensations earned in the last 12 months, or in the period of
duration of the contract if this is lower.
3-During the period of inactivity, the employee may engage in another activity.
4-During the period of inactivity, the rights, duties and guarantees of the parties remain remain
that they do not presuppose the effective provision of work.
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5-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 2.
SUBSECTION IV
Commission of service
Article 161.
Object of the commission of service
May be exercised in commission of service office of administration or equivalent, of
direction or managerial directly dependent on the administration or director-general or
equivalent, personal secretarial functions of holder of any of these posts, or still,
provided that an instrument of collective work regulation provides for the foresaid, functions whose
nature also supposes special relationship of trust in relation to the holder of those
posts.
Article 162.
Contract scheme for work on commission of service
1-Can exercise office or duties in commission of service a company worker or
another admitted for the purpose.
2-In the case of admission of employee to exercise or duties in committee of
service, it may be agreed upon your stay after the term of the commission.
3-The contract for the exercise of office or duties in service commission is subject to
written form and must contain:
a) Identification, signatures and domicile or seat of the parties;
b) Indication of the post or duties to be performed, with express mention of the scheme of
commission of service;
c) In the case of worker of the company, the activity it exercises, as well as, being diverse, the
who will exercise after ceasing the commission;
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d) In the case of worker admitted to a service commission scheme which is provided for
remain in the company, the activity it will exercise after ceasing the commission.
4-Do not consider yourself in committee to contract the contract which does not have the written form or the
which laces the mention referred to in paragraph (b) of the preceding paragraph.
5-The time of service provided in a service commission of service counts for the purpose of
worker's seniority as if it had been provided in the category of which this is holder.
6-Constitute counter-ordinance grave the lack of the mention referred to in paragraph 3 (b), save
if the employer expressly acknowledges and in writing that the office or functions are
exercised with a permanent character, and constitutes mild counterordinance the lack of reduction to
written of the contract or the violation of paragraph (c) of that paragraph.
Article 163.
Cessation of service commission
1-Any of the parties may terminate the commission of service, upon prior notice by
written, with the minimum advance of 30 or 60 days, depending on the one having lasted,
respectively, up to two years or higher period.
2-A The lack of prior notice shall not preclude the termination of the service commission, constituting the
a flawed part in the obligation to indemnify the counterparty pursuant to Art. 399 para.
Article 164.
Effects of the termination of the service commission
1-Cessing the service commission, the worker is entitled:
a) In case it remains in the service of the company, to perform the activity performed before the
commission of service, or the corresponding to the category to which it was promoted or,
still, the activity provided for in the agreement referred to in point (c) or (d) of paragraph 3 of the article
162º;
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b) To resolve the contract of employment in the 30 days following the employer's decision that
put an end to the commission of service, entitled to compensation calculated in the terms of the
article 365;
c) Having been admitted to work in service commission and this basket at the initiative of the
employer who does not match the dismissal by fact attributable to the employee, the
compensation calculated in accordance with Rule 365.
2-The time limits provided for in the preceding Article and the value of the compensation to which they relate
points (b) and (c) of paragraph 1 may be increased by instrument of regulation
work collective or contract of employment.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
SUBSECTION V
Telework
Article 165.
Notion of telework
Telework is considered to be teleworking carried out with legal subordination,
habitually outside the company and through the resource to information technologies and to
communication.
Article 166.
Contract scheme for subordinate provision of telework
1-Can exercise the activity in teleworking regime a worker of the company or
another admitted for the purpose, upon conclusion of contract for subordinate provision
of telework.
2-The contract is subject to written form and shall contain:
a) Identification, signatures and domicile or seat of the parties;
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b) Indication of the activity to be provided by the worker, with express mention of the scheme of
telework, and corresponding retribution;
c) Indication of the normal period of work;
d) If the forecast period for the provision of work in teleworking arrangements is lower
the foreseeable duration of the contract of employment, the activity to be exercised after the expiry of that
period;
e) Property of the working instruments as well as the one responsible for the respective
installation and maintenance and for the payment of the inherent consumption and the
use;
f) Identification of the establishment or department of the company in whose dependence stays
the employee, as well as who the latter should contact in the context of the provision of work;
3-The worker in teleworking regime can go on to work on the regime of the rest
employees of the company, either permanently or by a specified period, upon agreement
written with the employer.
4-A The written form of the contract is required only for proof of the same.
5-Constitute counterordinance leads to violation of the provisions of paragraph 2.
Article 167.
Scheme in the case of employee previously linked to the employer
1-In the case of worker previously linked to the employer, the initial duration of the
contract for subordinate provision of telework may not exceed three years, or the
term set in instrument of collective labour regulation.
2-Any of the parties may denounce the contract referred to in the preceding paragraph during the
first 30 days of its implementation.
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3-Crying the contract for the subordinate provision of telework, the worker resumes the
provision of work, in the agreed terms or provided for in the instrument of
collective labour regulations.
4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 168.
Working instruments in subordinated telework provision
1-In the lack of stipulation in the contract, it is presumed that the working instruments
relating to information and communication technologies used by the worker
belong to the employer, who shall ensure the respective installation and maintenance and the
payment of the inherent expenses.
2-The worker shall observe the rules for the use and operation of the instruments
of work that are available to you.
3-Unless otherwise agreed, the worker cannot give the working instruments
made available by the employer diverse use of the inherent in the fulfillment of its
provision of work.
Article 169.
Equal treatment of worker in telework
1-The worker in teleworking regime has the rights and duties of the rest
workers, particularly with regard to training and promotion or career
professionals, limits of the normal period of work and other working conditions,
safety and health at work and repair of emerging damage from an accident of work or
occupational disease.
2-Within the scope of vocational training, the employer shall provide the employee,
in case of need, appropriate training on the use of technologies of
information and communication inherent in the exercise of the respective activity.
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3-The employer shall avoid the isolation of the worker, particularly through
regular contacts with the company and the remaining employees.
Article 170.
Privacy of worker in teleworking regime
1-The employer must respect the privacy of the worker and the times of rest and
of the rest of the family of this, as well as providing him with good working conditions, both
from the physical point of view as moral.
2-Where telework is carried out at the home of the worker, the visit to the site of
work should only have the object of the control of the labour activity as well as of the
work instruments and can only be carried out between the nine and 19 hours, with the
assistance from the worker or person by him assigned.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 171.
Participation and collective representation of worker in telework
1-The teleworking scheme worker integrates the number of employees of the company
for all the effects on structures of collective representation, and may apply for
if to these structures.
2-The employee may use the information and communication technologies allocated to the
provision of work to participate in meeting promoted in the workplace by
structure of collective representation of workers.
3-Any structure of collective representation of employees may use the
technology referred to in the preceding paragraph to, in the exercise of its activity, communicate
with the worker in a teleworking regime, notably by disseminating information to
referred to in Article 463 (1)
4-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 2 or 3.
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SUBSECTION VI
Temporary work
DIVISION I
General provisions relating to temporary work
Article 172.
Specific concepts of the temporary working regime
It is considered:
a) Temporary work contract, the contract of work the term concluded between a
temporary work company and a worker, by which this one obliges, upon
retribution from that, to provide its activity to users, by keeping tied to the
temporary work company;
b) Contract of work for time undetermined for temporary yielding, the contract of
indefinite work entered into between a temporary working company and
a worker, by which this one obliges, upon retribution from that, to provide
temporarily its business to users, while keeping tied to the company of
temporary work;
c) Contract of temporary work use, the contract of service provision to
resolute term between a user and a temporary working company, by which this
it forces itself, upon retribution, to give in to that one or more temporary workers.
Article 173.
Illicit ceding of worker
1-Is void the contract of use, the contract of temporary employment or the contract of
indefinite work for temporary yielding celebrated by company of
temporary non-holder work of leave for the exercise of the respective activity.
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2-It is void the contract concluded between temporary working companies by which a cede
to the other a worker so that this is subsequently ceded to third party.
3-In the case provided for in paragraph 1, it is considered that the work is provided to the working company
temporary under non-stop work contract regime.
4-In the case provided for in paragraph 2, it is considered that the work is provided to the company that
hire the worker under contract employment contract without a term.
5-In the event that the employee is ceded to the user by temporary work company
licensed without having entered into a temporary employment contract or contract of
work for undetermined time for temporary yielding, the work is deemed to be
provided to this company in a non-stop work contract scheme.
6-In substitution of the provisions of paragraph 3, 4 or 5, the worker may opt, in the 30 days
subsequent to the commencement of the provision of activity, by an indemnity under the article
394.
7-Constitui counterordinate very serious, attributable to the temporary working company and
to the user, the conclusion of contract for the use of temporary work by
non-holder company of licence.
Article 174.
Special cases of liability of the temporary working company or the user
1-A contract celebration of temporary work utilization by working company
non-licensed temporary holding jointly responsible this and the user for the credits
of the emerging labour contract worker, of his / her violation or cessation, concerning
to the last three years, as well as by the corresponding social charges.
2-The user is secondarily responsible for the employee's claims relating to the
first 12 months of work and the corresponding social charges.
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DIVISION II
Contract for use of temporary work
Article 175.
Admissibility of contract for temporary work use
1-The contract for the use of temporary work can only be concluded in the situations
referred to in points (a) to (g) of Article 140 (2) and still in the following cases:
a) Job Vacancy when decorating recruitment process for your
padding;
b) Intermittent need of labour, determined by fluctuation of activity
for days or parts of day, provided that the use does not exceed weekly half
of the standard period of work majority-practiced in the user;
c) Intermittent need for the provision of direct family support, of a social nature,
for days or parts of days;
d) Realization of temporary project, specifically installation or restructuring of
company or establishment, assembly or industrial repair.
2-For the purpose of the provisions of the preceding paragraph, with regard to paragraph 2 (f) of the
article 140, an exceptional addition of activity of the company is considered to have
duration up to 12 months.
3-A The duration of the contract of use may not exceed the period strictly
necessary to the satisfaction of the need of the user referred to in paragraph 1.
4-No use of temporary worker at a job is permitted
particularly dangerous for your safety or health, unless this is your qualification
professional.
151
5-It is not allowed to conclude temporary work utilization contract for satisfaction
of needs that have been secured by worker whose contract has ceased in the 12
previous months for collective dismissal or dismissal for the extinction of rank of
work.
6-Constituent counterordinance very serious attributable to the user the violation of the willing
in paragraph 4.
Article 176.
Justification of contract for temporary work use
1-It is up to the user the proof of the facts justifying the conclusion of contract of
use of temporary work.
2-Is void the contract for use concluded outside of the situations referred to in paragraph 1 of the
previous article.
3-In the case provided for in the preceding paragraph, the work shall be deemed to be provided by the
user-worker on a non-stop work contract scheme, the
provisions of Article 173 (6).
Article 177.
Form and content of temporary work use contract
1-The contract for the use of temporary work is subject to written form, it is concluded
in two copies and shall contain:
a) Identification, signatures, domicile or seat of the parties, the respective numbers of
taxpayers and the general scheme of social security, as well as, as to the company of
temporary work, the number and the date of the alvshall of the respective licence;
b) Motive justification of recourse to temporary work on the part of the user;
152
c) Characterization of the job to be completed, of the respective occupational risks and,
being a case of this, of the high or relative risks posed by the job particularly
dangerous, the required professional qualification, as well as the modality adopted by the
user for the safety and health services at work and the respective contact;
d) Place and normal period of work;
e) User worker retribution that carries out the same functions;
f) Payment due by the user to the temporary working company;
g) Start and duration, certain or uncertain, of the contract;
h) Date of conclusion of the contract.
2-For the purposes of paragraph (b) of the preceding paragraph, the indication of the justifiable reason shall
be made by the express mention of the facts that integrate it, and the relationship shall be established
between the justification invoked and the stipulated term.
3-The contract for the use of temporary work shall be in annex copy of the policy of
insurance of accidents at work that encompasses the temporary worker and the activity to
exercise for the latter, without which the user is jointly and severally liable for the repair of the
emerging damage from an accident of work.
4-The contract is void if it is not concluded in writing or omits the mention required by the
n (b) of paragraph 1.
5-In the case provided for in the preceding paragraph, the work shall be deemed to be provided by the
user-worker on a non-stop work contract scheme, the
provisions of Article 173 (6).
6-Constituent counterordinance light attributable to the temporary working company and the
user the violation of the provisions of points (a), (c) or (f) of paragraph 1.
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Article 178.
Duration of contract of use of temporary work
1-The contract for the use of temporary work is concluded on a resolute term, certain
or unwell.
2-A duration of the temporary work use contract, including renovations, no
may exceed the duration of the justifiable cause nor the two-year limit, or six or 12
months in case of, respectively, job vacancy when already decorated
recruitment process for your fill or exceptional addition of the
activity of the company.
3-It is considered to be a single contract to which it is the subject of renewal.
4-In the event that the temporary worker continues to the service of the user decorated 10
days after the termination of the contract of use without the conclusion of contract that the
fundingly, it is considered that the work is going on to be provided to the user on the basis of
non-stop work contract.
Article 179.
Prohibition of successive contracts
1-In the case of having completed the maximum contract duration of employment
temporary, the succession at the same post of temporary worker's work is prohibited
or contract worker to term, before taking a period of time equal to a
third of the duration of the said contract, including renovations.
2-The provisions of the preceding paragraph shall not apply in the following cases:
a) New absence of the substituted worker, when the contract of use has been
celebrated for its replacement;
(b) Exceptional addition of need for labour in seasonal activity.
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DIVISION III
Temporary work contract
Article 180.
Admissibility of temporary employment contract
1-The temporary employment contract can only be concluded on a resolute term, right or
uncertain, in the situations foreseen for the conclusion of contract of use.
2-It is void the term stipulated in violation of the provisions of the preceding paragraph, considering-
whether the work carried out in execution of the contract as provided to the working company
temporary under contract of employment contract without a term, and the provisions of the
n Article 173 (6).
3-Case the nullity provided for in the preceding paragraph agrees with the nullity of the contract of
use of temporary work, provided for in Article 176 (2) or in paragraph 4 of the article
177. It is considered that the work is provided to the user in contract arrangements of
work without a term, and the provisions of Article 173 (6) shall apply.
Article 181.
Form and content of temporary work contract
1-The temporary employment contract is subject to written form, it is celebrated in two
exemplars and shall contain:
a) Identification, signatures, domicile or seat of the parties and number and date of the alvshall of the
license of the temporary working company;
b) Motives justifying the conclusion of the contract, with concrete mention of the facts that
integrate them;
c) Activity contracted;
d) Place and normal period of work;
e) Retribution;
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f) Start date of the work;
g) Term of the contract;
h) Date of the celebration.
2-In the absence of written document or in the event of omission or insufficiency of the indication of the
reason justifying the conclusion of the contract, it is considered that the work is provided to the
temporary work company under contract of employment contract without a term, being
applicable the provisions of Article 173 (6).
3-The contract which does not contain the mention of its term shall be deemed to have been concluded by the
term of one month, not being allowed for renewal.
4-An exemplar of the contract stays with the worker.
5-Constituent lightweight counterordinance, attributable to the temporary working company, the
violation of the provisions of paragraph (a) or any of paragraphs (c) to (f) of paragraph 1 or paragraph 4.
Article 182.
Duration of temporary work contract
1-A The duration of the temporary employment contract may not exceed that of the contract of
use.
2-The fixed-term contract for the right term is not subject to the duration limit
of Article 148 (2) and may be renewed while remaining the justifiable reason.
3-A duration of the temporary work contract the right term, including renovations,
may not exceed two years, or six or 12 months when the one is celebrated,
respectively, in the event of a job vacancy when decorating process of
recruitment for your filling or exceptional addition of activity of the
company.
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4-The temporary employment contract the uncertain term lasts for the time required to
satisfaction of temporary need of the user, and may not exceed the limits of
duration referred to in the preceding number.
5-It shall apply to the capt of the limits referred to in the preceding paragraphs the provisions of the n.
5 of Article 148.
6-The expiry of the temporary employment contract shall apply to the provisions of Article 343.
or 344, depending on whether it is the right or uncertain term.
DIVISION IV
Contract of work for indefinite time for temporary yielding
Article 183.
Form and content of contract work for indefinite time to cedence
temporary
1-The contract of work for indefinite time for temporary giving is subject
the written form, is celebrated in two copies and shall contain:
a) Identification, signatures, domicile or seat of the parties and number and date of the alvshall of the
license of the temporary working company;
b) express Mention that the worker accepts that the temporary working company o
ceda temporarily to users;
c) Activity contracted or generic description of the functions to be exercised and qualification
proper professional, as well as the geographical area in which the worker is adstrite to
exercise duties;
d) Minimum retribution during the cedances that occur, pursuant to Art. 185.
2-An exemplar of the contract stays with the worker.
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3-In the absence of written document or in the case of omission or insufficiency of the mentions
referred to in point (b) or (c) of paragraph 1, the work is deemed to be provided to the company of
temporary work on contract employment contract without term, the
provisions of Article 173 (6).
4-Constitute counter-ordinance grave the violation of the provisions of paragraph 1 (b).
Article 184.
Period without temporary yielding
1-In the period in which it does not find itself in a ceding situation, the contract worker
for indefinite time can provide activity to the temporary working company.
2-During the period referred to in the preceding paragraph, the employee shall be entitled:
a) Case does not carry out activity, the compensation provided for in instrument of regulation
work collective, or in the value of two thirds of the last retribution or the consideration
guaranteed monthly minimum, whicheter is more favourable;
b) Case exerts activity to the temporary working company, the consideration corresponding to the
performed activity, without prejudice to the value referred to in the contract of employment to which if
mentions the previous article.
3-Constituent counterordinance serious attributable to the temporary working company a
violation of the provisions of this article.
DIVISION V
Temporary worker work provision scheme
Article 185.
Conditions of temporary worker work
1-The temporary worker may be ceded to more than one user, even if it is not
working contract holder for undetermined time for temporary yielding, if the
otherwise it is not established in the respective contract.
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2-During budding, the worker is subject to the scheme applicable to the user in what
respects the mode, place, duration of the work and suspension of the contract of employment,
safety and health at work and access to social equipment.
3-The user shall draw up the working hours of the worker and mark the period of the
vacations that are enjoyed at your service.
4-During the execution of the contract, the exercise of the disciplinary power rests with the company of
temporary work.
5-The worker is entitled to the minimum retribution of instrument of regulation
working collective applicable to the temporary working company or the user who
correspond to their duties, or to the practiced by this for equal work or equal value,
depending on the one that is most favourable.
6-The worker is entitled, in proportion to the duration of the respective contract, to vacations,
holiday and Christmas allowances, as well as to other regular and periodic benefits to which the
employees of the user shall have the right for equal work or equal value.
7-A consideration of the holiday period and the holiday and worker Christmas allowances
contracted by time undetermined for temporary giving are calculated on the basis of
average of the retributions earned in the last 12 months, or in the period of execution of the
contract if this is lower, excluding the compensations referred to in Article 184 and the
corresponding periods.
8-The temporary worker ceded to user abroad for a period of less than eight
months are entitled to the payment of a monthly allowance for the title of cost aids up to the
limit of 25% of the value of the base retribution.
9-The provisions of the preceding paragraph shall not apply to the contract holder of contract of
work for undetermined time for temporary yielding, to which the
cost allowance rules for travel in service provided for in the general law.
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10-Without prejudice to the provisions of the preceding paragraphs, after 60 days of provision of
work, is applicable to the temporary worker the instrument of collective regulation
of work applicable to user employees who carry out the same functions.
11-The user shall inform the temporary worker of the jobs
available in the company or establishment for functions identical to those exerted by this,
with a view to his candidacy.
12-Constitute counter-ordinance grave the violation of the provisions of paragraph 3 and constitutes the
exercise of disciplinary power on the part of the user or the violation of the provisions of the number
previous.
Article 186.
Safety and health in temporary work
1-The temporary worker benefits from the same level of protection in respect of
safety and health at work that the remaining employees of the user.
2-Prior to the ceding of the temporary worker, the user shall inform, in writing, the
temporary work company on:
a) The results of the risk assessment for the safety and health of the worker
temporary inherent in the outpost to which it is going to be allocated and, in the event of high risks
relative to particularly dangerous job posting, the need for qualification
appropriate professional and medical surveillance;
b) the instructions on the measures to be adopted in the event of serious and imminent danger;
c) First aid, fire-fighting and evacuation measures of the
workers in the event of a claim, as well as the workers or services in charge
of putting them into practice;
d) The way of the work doctor or the hygiene and safety technician of the company of
temporary work access the job to occupy.
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3-A temporary working company must report to the temporary worker to
information provided for in the preceding paragraph, in writing and prior to its ceding to the user.
4-The health examinations of admission, periodicals and occasional are the responsibility of the
temporary work company, tasking the respective doctor of work to
conservation of clinical data sheets.
5-A temporary working company must inform the user that the employee is
considered fit as a result of the health check, has the professional qualifications
appropriate and have the information referred to in paragraph 2.
6-The user shall ensure the temporary worker training sufficient and appropriate
to the job, taking into account their professional qualification and experience.
7-The worker exposed to high risks concerning the job posting particularly
dangerous must have special medical surveillance, the post of the user, whose doctor of work
must inform the doctor of the work of the temporary work company about eventual
counterindication.
8-The user shall report the commencement of the temporary worker activity, in the five
subsequent working days, to safety and health services at work, to representatives
of workers for safety and health at work, to employees with duties
specific in this field and to the committee of employees.
9-Constitutive counter-ordinance very serious violation of the provisions of paragraph 7, constitutes
serious counterordinance to the violation of the provisions of paragraphs 4, 5 or 6 and constitutes against-
mild ordering the violation of the provisions of the n. ºs 3 or 8.
Article 187.
Vocational training of temporary worker
1-A temporary working company must ensure the vocational training of
temporary worker hired to term whenever the duration of the contract, including
renovations, or the sum of successive temporary employment contracts in a calendar year
more than three months.
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2-A vocational training provided for in the preceding paragraph shall have the minimum duration of eight
hours, or higher duration in accordance with Art. 131 (2).
3-A temporary working company must affect the vocational training of the
temp workers, at least 1% of their annual turnover in this
activity.
4-A temporary working company may not require the temporary worker any
amount, whatever the title is, notably by guidance or training services
professional.
5-Constitute counter-ordinance grave the violation of the provisions of this article.
6-In the event of a violation of paragraph 4, the ancillary sanction of suspension may be applied
temporary from the exercise of the activity up to two years, to which is averaged in the national register
of the temporary working companies.
Article 188.
Replacement of temporary worker
1-Unless otherwise agreed, in the event of a cessation of the temporary worker contract
or absence of this, the temporary working company must cede another worker to the
user, within 48 hours.
2-The user may refuse the provision of the temporary worker, in the first 15 or
30 days remaining from this to your service, depending on the contract of use has or
not duration less than six months, in which case the temporary working company shall
proceed under the terms of the preceding paragraph.
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Article 189.
Temporary worker framework
1-The temporary worker is considered, as far as the working company is concerned
temporary and to the user, for the purpose of application of the scheme concerning structures of
collective representation of workers, depending on whether they are in question subjects
to the temporary working company or to the user, namely the constitution of the
same structures.
2-The temporary worker is not included in the number of user workers for
determination of obligations depending on the number of employees, except in what
respects the organisation of safety and health services at work and the classification of
agreement with the type of company.
3-The user shall include the information relating to temporary worker in the balance sheet
social and in the annual report of the activity of the occupational safety and health services.
4-A temporary working company must include the information relating to worker
temporary on the map of the staffing frame and in the annual reports of vocational training
and of the activity of safety and health services at work.
5-Constitute counterordinance leads to violation of the provisions of paragraph 3.
Article 190.
Benefits guaranteed by the surety for exercise of the temporary work activity
1-A collateral consisting of the temporary working company for the exercise of the activity
guarantees, in the terms of specific legislation, the payment of:
a) Credit of the temporary worker concerning retribution, compensation or
compensation for termination of the contract of employment and other benefits
pecuniary, in arrees for a period of more than 15 days;
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b) Contributions to social security, in mora for a period of more than 30 days.
2-A The existence of credit of the worker in mora can be verified by decision
definitive of application of fine for lack of the respective payment, or decision
condensate transient on trial.
Article 191.
Execution of the surety
1-The employee must claim the respective credits within 30 days of the
term of the contract of employment, as well as communicating such a fact to the public service of
employment, for the purpose of payment through the collateral.
2-A lack of punctual payment of credit from the worker that extends per period
greater than 15 days must be declared, at the request of this, by the employer, within five
days or, in case of refusal, by the service with inspective competence of the ministry
responsible for the labour area, within 10 days.
3-A The declaration referred to in the preceding paragraph shall specify the nature, the amount and the
period to which the credit respects.
4-The worker or the creditor of the remaining burdens provided for in the previous article may
requesting the public employment service the payment of the respective credit through the
surety, in the 30 days following the date of its expiry, by submitting the said declaration
in paragraph 2.
5-In the event that the statement issued by the service with competence is submitted
inspective of the ministry responsible for the labour area, the public employment service
notifies the temporary working company that the worker required the payment of
credit on account of the surety and that this is carried out if the same does not prove payment
within eight days.
6-In the event that the surety is insufficient in the face of the credits whose payment is requested, this
is done in accordance with the following criteria of precedence:
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a) Relative credits of the employees concerning the last 30 days of the
activity, with the limit corresponding to the amount of three times a
guaranteed minimum monthly retribution;
b) Other retributive credits per order order;
(c) compensation and compensation for termination of the employment contract
temporary;
d) Demal charges with the workers.
Article 192.
Ancillary sanctions in the framework of temporary work
1-Together with the fine, it can be punished with the incidental sanction of interdiction of the
exercise of the activity up to two years the temporary working company admits
worker in violation of the standards on the minimum age or compulsory education.
2-A temporary working company may still be punished with the ancillary sanction of
interdiction of the exercise of the activity up to two years in the event of a reoccurrence in the practice of the
following offences:
a) Non-constitution of insurance of temporary worker work accidents;
(b) Delay for a period of more than 30 days in the payment of the consideration due to
temporary workers.
3-A temporary working company, together with the fine applicable to the against-
ordering by celebration of contract of use of temporary work not being
license holder, is still punishable with order of closure of the establishment where the
activity is exercised, until the regularization of the situation.
4-A ancillary sanction referred to in the preceding paragraphs is averaged in the national register of the
temporary work companies, provided for in specific legislation.
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CHAPTER II
Provision of the work
SECTION I
Place of work
Article 193.
Notion of place of work
1-The worker shall, in principle, engage in the activity at the contractually
defined, without prejudice to the provisions of the following article.
2-The worker is adstry to dispositions inherent in his or her duties or
indispensable to your professional training.
Article 194.
Transfer of work place
1-The employer may transfer the worker to another place of work, temporary or
definitely, in the following situations:
a) In the event of a change or extinction, total or partial, of the establishment where that
provides service;
b) When another reason in the interest of the company requires it and the transfer does not imply
serious injury to the worker.
2-The parties may, by agreement, extend or restrict the provisions of the preceding paragraph,
upon agreement that lapses after two years if it has not been applied.
3-A temporary transfer may not exceed six months, save by requirements
imperious of the operation of the company.
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4-The employer must cost the employee's expenses arising from the addition of the
travel costs and change of residence or, in the event of a temporary transfer,
of accommodation.
5-In the case of permanent transfer, the employee can settle the contract if it has
serious injury, having the right to the compensation provided for in Article 365.
6-The provisions of the preceding paragraphs may be sidelined by instrument of
collective labour regulations.
7-Constitute counter-ordinance grave the violation of the provisions of paragraphs 1 or 4, in the case of
definitive transfer, and constitutes mild counterordinance to the violation of the provisions of paragraph 3.
Article 195.
Procedure in case of transfer of the place of work
1-The employer must report the transfer to the employee, in writing, with eight or
30 days in advance, depending on whether this is temporary or final.
2-A communication shall be substantiated and indicate the foreseeable duration of the transfer,
mentioning, where this is the case, the agreement referred to in paragraph 2 of the preceding Article.
SECTION II
Duration and organization of working time
SUBSECTION I
Notions and general principles on duration and organization of working time
Article 196.
Time of work
1-It is considered time to work any period during which the employee exercises the
activity or remains adstrate to the realization of the provision, as well as the interruptions and the
intervals predicted in the following number.
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2-Consider themselves understood in the time of work:
a) the interruption of work as such considered in a regulatory instrument
work collective, in internal company regulation or resulting from the use of the company;
b) The occasional interruption of the period of daily work inherent in the satisfaction of
undeferred personal needs of the employee or resulting from consent of the
employer;
c) the interruption of work for technical reasons, namely cleaning, maintenance or
equipment tuning, change of production program, load or discharge of
goods, lack of raw material or energy, or by climate-factor affecting the
activity of the company, or on economic grounds, specifically breaking down
orders;
d) The range for meal in which the worker has to stay in the usual space
of work or close to it, to be able to be called to provide normal work in case of
need;
e) The interruption or pause in the period of work imposed by safety standards and
health at work.
3-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 197.
Normal period of work
The working time that the worker requires to provide, measured in number of hours
per day and per week, denominates normal period of work.
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Article 198.
Period of rest
It is understood by period of rest what is not time for work.
Article 199.
Time of work
1-Understand for working hours the determination of the start and term hours of the
normal period of daily work and rest interval, as well as rest
weekly.
2-The working hours delimit the normal daily and weekly working period.
3-The beginning and term of the normal period of daily work may occur in days
consecutive.
Article 200.
Period of operation
1-Understand for period of operation the daily period of time during which the
establishment can exercise its activity.
2-The period of operation of the establishment of sale to the public shall be denominated
period of opening.
3-The period of operation of industrial establishment is called period of
laboration.
4-The regime of the periods of operation appears in specific legislation.
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Article 201.
Registration of working times
1. The employer shall maintain the record of the working times, in an accessible place and by
form that allows for your immediate consultation.
2. The registration shall contain the indication of the hours of start and term of the working time,
as well as of the interruptions or breaks that in it do not understand each other, so to
allow to ascertain the number of working hours paid per employee, per day and by
week, well as provided in a situation referred to in point (b) of Article 256 (1).
3-The worker who pays work abroad of the company shall aim for the registration
immediately after your return to the company, or send the same duly targeted, de
mode that the company possesses the duly targeted record within 15 days of the
of the provision.
4. The employer shall maintain the record of the working times as well as the declaration and
the agreement referred to in Article 256 and the agreement referred to in point (f) of paragraph 3 of the
article 225, for five years.
5-Constitute counter-ordinance grave the violation of the provisions of this article.
SUBSECTION II
Limits of the duration of work
Article 202.
Maximum limits of the normal working period
1-The normal period of work may not exceed eight hours per day and 40 hours per
week.
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2-The normal period of daily work of worker who pays work exclusively
on weekly rest days of the generality of the employees of the company or
establishment can be increased up to four hours daily, without prejudice to the provisions of
tool for collective labour regulation.
3-There is 15 tolerance for transactions, operations or other tasks commenced and
not finished at the time established for the term of the normal period of daily work,
having such an exceptional character tolerance and the addition of the work being paid to the
pertake four hours or in the end of the calendar year.
4-The maximum limits of the normal working period can be reduced by
tool for collective labour regulation, and may not result in a decrease
of the retribution of the workers.
5-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 203.
Adaptability by collective regulation
1-By instrument of collective work regulation, the normal period of work
may be defined in average terms, in which case the daily limit set out in paragraph 1 of the
previous article can be increased up to four hours and the duration of the weekly work can
reach 60 hours, only not counting in these the supplementary work provided by reason of
larger force.
2-The normal period of work defined in the terms provided for in the preceding paragraph
may exceed 50 hours on average in a period of two months.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
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Article 204. º
Individual adaptability
1. The employer and the employee may, by agreement, define the normal period of
work in average terms.
2. The agreement may provide for the increase of the normal daily working period up to two
hours and that the weekly work can reach 50 hours, just not counting in these the
supplementary work provided by reason of force majeany.
3. In week the duration of the work is less than 40 hours, the reduction may be up to
two hours daily or, being agreed upon, in days or means days, without prejudice to the right
the meal allowance.
4. The agreement may be concluded upon proposal, in writing, of the employer
presumed acceptance by the employee that she does not object, by
written, in the 14 days following the knowledge of it.
5. The legal regime provided for in the preceding paragraphs shall remain until the end of the
reference period in execution at the date of the entry into force of instrument of
collective labour regulations that are incited on the subject matter.
6. Constitute counter-ordinance grave the violation of the provisions of this article.
Article 205.
Grupal adaptability
1-The instrument of collective work regulation establishing the scheme of
adaptability provided for in Article 203, it may provide that:
a) The employer can apply the scheme to the pool of the employees of a team,
section or economic unit if at least 60% of the workers in that structure
are by him covered, upon membership in union trade union membership of the convention
and by choice of that convention as applicable;
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(b) The provisions of the preceding subparagraph shall apply while the employees of the team, section or
economic unity in question covered by the scheme in accordance with the final part of the (
previous are in number equal to or greater than the corresponding to the percentage in it
indicated.
2-In case the proposal referred to in paragraph 4 of the preceding Article is accepted by at least
75% of the employees of the team, section or economic unit to whom it is directed, the
employer can apply the same scheme to the pool of workers in that structure.
3-The provisions of the preceding paragraph shall apply while the employees of the team, section
or economic unity in question that accept the scheme are in equal or higher number
to the corresponding to the percentage indicated therein.
4-The adaptability regime instituted pursuant to paragraphs 1 or 2 does not apply to
worker covered by collective convention who otherwise possesses that
scheme or, in respect of the scheme referred to in paragraph 1, the worker represented by
trade union association that has deducted opposition to the extension of the convention
collective in question.
5-Constitui counter-ordinance grave the practice of working hours in violation of the
willing in this article.
Article 206.
Period of reference
1-In regime of adaptability, the average duration of the work is ascertained by reference to
period established in instrument of collective labour regulation that is not
greater than 12 months or, failing that, a period of four months.
2-In the situation referred to in the final part of the preceding paragraph, the reference period
can be increased to six months when it is in question:
a) Family worker of the employer;
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b) Worker who occupiers office of administration or steering, or who has power of
autonomous decision;
c) Activity characterized by implying remoteness between the workplace and the residence
of the worker or between various workplaces of the worker;
d) Security and surveillance activity of persons or goods with a character of permanence,
specifically of guard, porter or security company worker or surveillance;
e) Activity characterized by the need to ensure continuity of service or of the
production, namely:
i) Reception, treatment or care provided by hospital or establishment
similar, including the activity of medical practitioner in training, or by institution
residential or prison;
ii) Porto or airport;
iii) Press, radio, television, cinematographic production, post office, telecommunications,
ambulance service, sappers-firefighters or civil protection;
iv) Production, transport or distribution of gas, water, electricity, waste collection or
incineration plants;
v) Industry whose working process cannot be interrupted on grounds
technicians;
vi) Research and development;
vii) Agriculture;
viii) Transport of passengers on regular urban transport service.
f) Predictable addition of activity, particularly in agriculture, tourism and in the
postal services;
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g) Railway transport worker who pays intermittent work on board of
trains or having at an end to ensure the continuity and regularity of rail traffic;
h) Fortuitous case or force majeany;
i) Accident or risk of impending accident.
3-Without prejudice to the provisions of instrument of collective labour regulations, the
reference period can only be changed during your course when
objective circumstances the justifying and the total of hours of work paid out is not
higher than those that would have been carried out should the adaptability regime not be vigorous,
applying it with the necessary adaptations to the provisions of Article 204 (3).
4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 207.
Bank of hours
1-By instrument of collective work regulation, a scheme may be instituted
of bank of hours, in which the organisation of the working hours obey the provisions of the
following numbers.
2-The normal period of work can be increased up to four hours daily and may
reach 60 hours weekly, having the addition per limit 200 hours per year.
3-The annual limit referred to in the preceding paragraph may be sidelined by instrument of
collective labour regulations if the use of the scheme is intended to prevent
the reduction in the number of workers, and this limit may only be applied during a
period up to 12 months.
4-The instrument of collective work regulation shall regulate:
a) The compensation of the work provided in addition, which can be done by reduction
equivalent of the working time, payment in cash or both modalities;
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b) In advance with which the employer must communicate to the employee the need for
provision of work;
c) The period in which the reduction of the working time to compensate for work provided
in addition must take place, on the initiative of the employee or, in his absence, from the employer,
well in advance with which any of them must inform the other of the use of that
reduction.
5-Constitui counter-ordinance grave the practice of working hours in violation of the
willing in this article.
Article 208.
Concentrated time
1-By instrument of collective work regulation or agreement between employer and
worker, the normal period of daily work can be increased up to 12 hours, to
concentrate weekly work on three or four consecutive days, owing to the duration of the
normal weekly working period to be respected on average of a reference period
up to 45 days.
2-The instrument of collective work regulation that institutes the time
concentrate regulates the retribution and other conditions of its application.
Article 209.
Exceptions to the maximum limits of the normal working period
1-The limits of the normal working period set out in Article 202 can only be
outdated in the cases expressly provided for in this Code, or when instrument of
collective labour regulations allow it in the following situations:
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a) In relation to non-profit entity worker or closely connected to the
public interest, provided that the subjection of the normal period of work to those limits
be unbeatable;
b) In relation to a worker whose work is markedly intermittent or of
simple presence.
2-Where entity referred to in paragraph (a) of the preceding paragraph shall continue
industrial, the normal period of work is not to exceed 40 hours per week, in the
average of the applicable reference period.
Article 210.
Maximum limit of the average length of the weekly work
1-Without prejudice to the provisions of Articles 202 to 209, the average duration of the work
weekly, including supplementary work, may not be more than 48 hours, in a period of
reference established in instrument of collective labour regulation that does not
exceeds 12 months or, in the absence of this, in a reference period of four months, or of
six months in the cases provided for in Article 206 (2).
2-In the calculation of the average referred to in the preceding paragraph, the holiday days are subtracted to the
period of reference in which they are enjoyed.
3-The days of absence by sickness, as well as the days of parental leave, initial or
supplemental, and leave to care for child with disability or chronic disease
are considered on the basis of the corresponding normal period of work.
4-The provisions of the preceding paragraphs shall not apply to the employee who occupiers the job of
administration or steering or with autonomous decision-making power, which is exempt from
working hours, under subparagraphs (a) or (b) of Article 218 (1).
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SUBSECTION III
Time of work
Article 211.
Elaboration of working hours
1-Compete to the employer determine the working hours of the worker, within the
limits of the law, specifically of the applicable period of operation.
2-In the elaboration of the working hours, the employer shall:
a) To take into consideration the requirements for the protection of safety and
health of the worker;
(b) to facilitate the employee to reconcile the occupation with family life;
(c) Facilitating the employee the frequency of school course as well as training
technical or professional.
3-A committee of workers or, failing that, the interunion commissions, the committees
trade union or union delegates should be consulted beforehand on the definition and the
organization of working hours.
4-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 2 or 3.
Article 212.
Range of rest
1-The daily work period is to be interrupted by a rest interval, from
duration not less than one hour nor greater than two, so that the worker does not
pay more than five hours of consecutive work.
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2-By instrument of collective work regulation, it may be permitted to
providing work up to six consecutive hours and the break range can be
reduced, excluded or have duration higher than that provided for in the previous number, as well as may
be determined the existence of other intervals of rest.
3-Compete in the service with inspective competence of the ministry responsible for the area
labour, upon application by the employer, instructed with written statement of
concordance of the worker covered and information to the commission of workers of the
company and the representative union of the worker concerned, authorize the reduction or
rest interval exclusion, when such is shown favourable to the interest of the
worker or if it is justified by the particular conditions of work of certain activities.
4-Unpermitted rest interval change in the previous numbers is not permitted
to involve more than six hours of consecutive work, except in the scope of activity
referred to in paragraph 2 (d) or (e) of Article 206 (2), as well as in the case of worker who
occupiers of administration or steering or with autonomous decision-making power, which
be exempt from working hours.
5-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 4.
Article 213.
Daily rest
1-The worker is entitled to a period of rest of at least 11 hours straight
between two consecutive daily periods of work.
2-The provisions of the preceding paragraph shall not apply:
a) The employee who occupiers office or direction or with power to
autonomous decision, which is free from working hours;
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b) When the provision of supplementary work is necessary, by reason of force majeany,
or because it is indispensable to repair or prevent serious injury to the company or to the
your viability due to accident or the risk of impending accident;
c) When the normal period of work is fractionated throughout the day with
foundation in characteristic of the activity, particularly in cleaning services;
d) In activity characterized by the need to ensure continuity of service or
of the production, in particular that referred to in any of paragraphs (d) and (e) of paragraph 2 of the article
206, with the exception of point viii) of the second subparagraph, and in the event of foreseeable addition of
activity in tourism, provided that an instrument of collective labour regulation
ensures the worker an equivalent period of compensatory rest and regulates the
period in which the same shall be enjoyed.
3-In the event provided for in paragraph (a) or (b) of the preceding paragraph, between two daily periods of
consecutive work must be observed a period of rest that allows for
recovery of the worker.
4-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 3.
Article 214º
Working time map
1-The employer draws up the working hours map taking into account the provisions
legal and the instrument of collective labour regulations applicable, of which they must
record:
a) Firm or denomination of the employer;
b) Activity exercised;
c) Sede and place of work of the employees to which the time relates;
d) Start and term of the operating period and, if any, day of closure or
suspension of operation of the company or establishment;
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e) Start and term hours of the normal periods of work, with indication of intervals
of rest;
f) Mandated weekly rest day and supplementary weekly rest, if this exists;
g) Instrument for collective employment regulation applicable, if any;
h) Regime resulting from agreement that institutes working hours in regime of
adaptability, if any.
2-When the referrals referred to in the preceding paragraph are not common to all
workers, the working hours map must contain the identification of workers
whose scheme is different from the one set for the remaining, without prejudice to the provisions of the
n. 4.
3-Whenever the working time includes shifts, the map must still indicate the number of
shifts and those in which there are minors, as well as the rotation scale if it exists.
4-A The composition of the shifts, of harmony with the respective scale, if it exists, is recorded
in self-made book or in computer support and is an integral part of the time map of
work.
5-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 215.
Affixing and submission of working time map
1-The employer affixes the working hours map in the workplace to which it respects,
in place well visible.
2-When various companies, establishments or services develop, simultaneously,
activities in the same place of work, the holder of the premises shall consent to the affixing
of the different working time maps.
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3-On the same date, the employer must submit copy of the working time map to the
service with inspective competence of the ministry responsible for the labour area,
particularly via e-mail, at the minimum 48 hours notice
regarding its entry into force.
4-The conditions of advertising working hours of worker affection for the holding
of motor vehicle are set up in the porterie of the ministers responsible for the area
labour and by the transport sector.
5-Constitute counterordinance leads to violation of the provisions of the n. ºs 1, 2 or 3.
Article 216.
Change of working hours
1-The change of working hours is applicable to the provisions of its elaboration, with the
specifics of the following numbers.
2-A change of working hours must be preceded by consultation with employees
involved and the committee of workers or, failing that, the trade union commission or
intersindical or the union delegates, as well as, yet still vigore the regime of
adaptability, be affixed to the company in advance of seven days relatively to the
start of your application, or three days in case of microenterprise.
3-Except for the provisions of the preceding paragraph the change of working hours whose
duration is not more than one week, provided that it is registered in a book of its own, with the
mention that the structure of collective representation of workers has been consulted
referred to in the preceding paragraph, and the employer did not resort to this scheme more than three times
per year.
4-It cannot be unilaterally changed the individually agreed time.
5-A amendment involving addition of expenditure for the employee confers right to
economic compensation.
6-Constitute counter-ordinance grave the violation of the provisions of this article.
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SUBSECTION IV
Exemption of working hours
Article 217.
Conditions of exemption of working hours
1-By written agreement, it may be free from working hours the worker who finds himself
in one of the following situations:
(a) Exercise of office of administration or direction, or of functions of trust,
supervision or support for the holder of such posts;
b) Execution of preparatory or supplementary works which, by their nature, only
can be carried out outside the limits of working hours;
c) Telework and other cases of regular exercise of activity outside the establishment,
without immediate control by superior hierarchical.
2-The instrument of collective work regulation may provide for other situations of
admissibility of working hours exemption.
3-The agreement referred to in paragraph 1 shall be sent to the service with an inspected competence of the
ministry responsible for the labour area.
4-Constitute counterordinance leads to violation of the provisions of the previous number.
Article 218.
Modalities and effects of working hours exemption
1-The parties may agree on one of the following modalities of time-exemption of
work:
a) Do not subject to the maximum limits of the normal period of work;
b) Possibility of certain increase in the normal period of work, per day or by
week;
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c) Observance of the normal period of work agreed.
2-In the lack of stipulation of the parties, the provisions of paragraph (a) of the preceding paragraph shall apply.
3-A exemption is without prejudice to the right to day of weekly rest, compulsory or
complimentary, the holiday or the daily rest.
4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
SUBSECTION V
Work by shifts
Article 219.
Notion of work by shifts
Is considered to be work by shifts any organisation of the teamwork in which the
workers successively occupy the same jobs, to a particular
rhythm, including the rotary, continuous or discontinuous, and may perform the work at hours
different in a given period of days or weeks.
Article 220.
Organization of shifts
1-Must be organized different personnel shifts whenever the period of
operation exceeds the maximum limits of the normal working period.
2-The shifts should, as far as possible, be arranged in accordance with the interests and
the preferences manifested by the workers.
3-A The working duration of each shift cannot exceed the maximum limits of the
normal periods of work.
4-The worker can only change the shift after the weekly rest day.
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5-The shifts in the continuous laboring regime and those of workers who ensure
services that cannot be disrupted, particularly in the situations to which they refer
points (d) and (e) of Article 206 (2) shall be arranged in such a way that the
workers of each shift enjoy at least one day of rest in each period of
seven days, without prejudice to the surplus period of rest to which they are entitled.
6-The employer must have separate registration of the workers included in each shift.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 3, 4, 5 or 6.
Article 221.
Protection in safety and health at work
1-The employer must arrange the activities of safety and health in the work of form
that shift workers benefit from a level of protection in respect of
safety and health appropriate to the nature of the work they exercise.
2-The employer shall ensure that the means of protection and prevention in respect of
safety and health of workers by shifts are equivalent to those applicable to the
remaining workers and find themselves available at any time.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
SUBSECTION VI
Night work
Article 222.
Notion of night work
1-Night-time work is considered to be provided in a period that has the minimum duration
from seven hours and maximum of 11 hours, understanding the range between the zero and the five
hours.
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2-The night working period can be determined by instrument of
collective labour regulations, with observance of the provisions of the preceding paragraph,
considering itself as such, in the lack of that determination, the understood between 22
hours of one day and the seven hours of the following day.
Article 223.
Duration of nighttime worker work
1-You are considered to be a night worker who provides at least three hours of work
regular nocturner in each day or who carry out during the night period part of your
annual working time corresponding to three hours per day, or another defined by
tool for collective labour regulation.
2-The normal period of daily working of night worker, when behold-up regime of
adaptability, should not be more than eight hours daily, on average weekly, without injury
of the instrument of collective work regulation.
3-For clearance of the average referred to in the preceding paragraph do not count the days of
weekly mandatory or complimentary rest and the holidays.
4-The night worker must not provide more than eight hours of work in a period
of 24 hours in which you carry out night work, in any of the following activities which
entail special risks or significant physical or mental stress:
a) Monotonous, repetitive, enrolled or insulated;
b) In construction work, demolition, excavation, movement of land, or intervention
in tunnel, railway or highway without interruption of traffic, or at risk of falling height
or of soterring;
c) of the extractive industry;
d) Of manufacture, transport or use of explosives and pyrotechnics;
e) that involve contact with medium or high voltage electrical current;
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f) Of production or transport of compressed, liquefied or dissolved gases or with
significant use of them;
g) Which, depending on the assessment of the risks to be carried out by the employer, take over
particular penosity, dangerousness, insalubrity or toxicity.
5-The provisions of the preceding paragraphs shall not apply to the employee who takes up office of
administration or steering or with autonomous decision-making power that is exempt from
working hours.
6-The provisions of paragraph 4 shall not also apply:
a) When the provision of supplementary work is necessary by reason of force
greater or to prevent or repair serious injury to the company or to its
feasibility due to accident or the risk of impending accident;
b) The activity characterized by the need to ensure continuity of service
or production, in particular that referred to in any of paragraphs (d) to (f) of paragraph 2 of the
article 206, provided that by collective convention is granted to the worker
equivalent period of compensatory rest.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 2 or 4.
Article 224.
Protection of night worker
1-The employer must ensure free and sensitive health examinations to the employee
nighttime intended to evaluate your state of health, prior to your placement and
later at regular intervals and at a minimum annually.
2-The employer must assess the risks inherent in the activity of the worker,
present, namely, their physical and mental condition, prior to the commencement of the activity and
subsequently, every six months, as well as before changing the conditions of
work.
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3-The employer shall keep the record of the assessment carried out in accordance with the
previous number.
4-Applies to the night-time worker the provisions of Article 221.
5-Where possible, the employer must ensure the worker who suffers from a problem
of health related to the provision of night work to be allocated to daytime work
who is fit to perform.
6-The employer must consult with the representatives of the workers for safety and
health at work or, in the absence of these, the worker himself, on the assignment to work
nighttime, the organization of this that best suits the worker, as well as about the
safety and health measures to be adopted.
7-Constitute counter-ordinance grave the violation of the provisions of this article.
SUBSECTION VII
Supplementary work
Article 225.
Notion of supplementary work
1-Supplemental work is considered to be provided outside of working hours.
2-In the case where the agreement on working hours exemption has limited to
provision of this to a certain period of work, daily or weekly, considers yourself
supplementary work which exceeds that period.
3-It is not understood in the notion of supplementary work:
a) The provided by worker exempt from working hours on normal working day,
without prejudice to the provisions of the preceding paragraph;
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b) The provided to compensate for suspension of activity, irrespective of their cause,
length of not more than 48 hours, followed or interpolated by a day of rest or
holiday, upon agreement between the employer and the employee;
c) the 15 tolerance provided for in Article 202 (3);
d) Professional training carried out outside of working hours, which does not exceed two
daily hours;
e) the work provided under the conditions laid down in point (b) of Article 256 (1);
f) The work provided for compensation of periods of absence to work, carried out
on the initiative of the worker, provided that one and the other have the agreement of the employer.
4-In the situation referred to in point (f) of paragraph 3, the work provided for compensation shall not
may exceed the daily limits of Art. 227 (1).
Article 226.
Conditions for provision of supplementary work
1-Supplemental work can only be provided when the company has to cope with
possible and transient addition of work and not to be justified for such an admission of
worker.
2-The supplementary work can still be provided in case of force majeany or when it is
indispensable to prevent or repair serious injury to the company or to its
feasibility.
3-The employee is obliged to carry out the supplementary work provision, save when,
there are any reasonable grounds, expressly ask for your discharge.
4-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1 or 2.
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Article 227.
Limits of duration of supplementary work
1-The supplementary work provided for in paragraph 1 of the preceding Article is subject, per employee,
to the following limits:
a) In the case of microenterprise or small business, 175 hours per year;
b) In the case of medium or large company, 150 hours per year;
c) In the case of a part-time worker, 80 hours per year or the number of hours
corresponding to the proportion between the respective normal period of work and that of
full time worker in comparable situation, when higher;
d) On normal working day, two hours;
e) On weekly rest day, mandatory or complimentary, or holiday, a number of
hours equal to the normal period of daily work;
f) On half a day of supplementary rest, a number of hours equal to half a period
normal of daily work.
2-The limit referred to in paragraph (a) or (b) of the preceding paragraph may be increased up to
200 hours per year, per instrument of collective work regulation.
3-The limit referred to in point (c) of paragraph 1 may be increased by agreement
written between the employee and the employer, up to 130 hours per year or, by instrument of
collective labour regulations, up to 200 hours per year.
4-The supplementary work provided for in paragraph 2 of the preceding Article shall only be subject to the limit
of the constant weekly working period of Article 210 (1).
5-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1 and constitutes
serious counterordinance the violation of the provisions of paragraph 2.
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Article 228.
Compensatory rest of supplementary work
1-The worker who provides supplementary work on a working day, on weekly rest day
complimentary or on holiday is entitled to paid compensatory rest,
corresponding to 25% of the hours of supplementary work carried out, without prejudice to the
provisions of paragraph 3.
2-The compensatory rest to which the previous number is concerned is due when it pervades
a number of hours equal to the normal period of daily work and should be enjoyed in the 90
following days.
3-The worker providing supplementary work impediment to the enjoyment of daily rest
is entitled to paid compensatory rest equivalent to the hours of rest in
foul, to enjoy in one of the following three working days.
4-The worker who provides work on mandatory weekly rest day is entitled to
a day of paid compensatory rest, to enjoy in one of the following three working days.
5-The compensatory rest is marked by agreement between worker and employer or,
at their lack, by the employer.
6-The provisions of paragraphs 1 and 2 may be sidelined by instrument of regulation
work collective setting out the supplementary work compensation upon
equivalent reduction of working time, payment in cash or both
modalities.
7-Constitute counter-ordinance very serious violation of the provisions of the n. ºs 1, 3 or 4.
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Article 229.
Special supplementary work schemes
1 A supplementary work provision, on mandatory weekly rest day, which no
exceeds two hours by reason of unforeseen worker shortage who should occupy the post
of work on the following shift confers a right to compensatory rest pursuant to the n.
3 of the previous article.
2-The compensatory rest of supplementary work provided on business day or holiday,
with the exception of that referred to in paragraph 3 of the preceding Article, may be replaced by provision of
paid work with addition not less than 100%, upon agreement between
employer and worker.
3-In microenterprise or small business, by reason-related attendant
organization of the work, the compensatory rest referred to in paragraph 1 of the article
previous, with the proviso of the provisions of paragraph 3 of the same article, may be replaced by
provision of paid work with an addition of not less than 100%.
4-The limits of duration and the compensatory rest of supplementary work provided
to ensure the service shifts of pharmacies from sale to the public are contained in legislation
specific.
5-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 230.
Registration of supplementary work
1-The employer must have a supplementary work record in which, before the start of the
provision of supplementary work and soon after your term, the hours in which you are noted
each of the situations occurs.
2-The worker shall aim at the record referred to in the preceding paragraph, when it is not
per se carried out, immediately following the provision of supplementary work.
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3-The worker who carries out supplementary work abroad of the company shall visit the
registration, immediately after your return to the company or upon submission of the same
duly targeted, owing in any case to the Company having the registered register in the
period of 15 days from the provision.
4-From the register must appear on the express indication of the foundation of the provision of work
supplemental and compensatory rest periods enjoyed by the worker, in addition to
other elements indicated in the respective model, approved by the minister's porterie
responsible for the labour area .
5-A violation of the provisions in the preceding paragraphs gives the worker, for each day in
that has provided activity outside of working hours, the right to retribution
corresponding to two hours of supplementary work.
6-The supplementary work register is carried out in appropriate documentary support,
notably printed tailings adapted to the existing assiduity control system in the
company, which allows for your immediate consultation and printing, owing
permanently updated, with no amendments or unresurred rasures.
7-In the months of January and July each year the employer must send to the service with
inspective competence of the ministry responsible for the labour area, in electronic support,
nominal ratio of the workers who provided supplementary work during the semester
previous, with discrimination of the number of hours presaged under the n. ºs 1 or 2 of the
article 209, endorsed by the committee of workers or, failing that, in case of worker
filtered, by the respective union.
8-The employer must maintain for five years nominal ratio of the employees who
have carried out supplementary work, with discrimination of the number of hours paid to the
shelter from paragraphs 1 and 2 of Article 226 and indication of the days of enjoyment of the correspondents
compensatory rests.
9-Constitute counter-ordinance grave the violation of the provisions of paragraphs 1, 2, 4 or 7 and constitutes
lightweight counterordinance the violation of the provisions of paragraph 8.
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SUBSECTION VIII
Weekly rest
Article 231.
Weekly rest
1-The worker is entitled to at least one day of rest per week.
2-The mandatory weekly rest day may cease to be Sunday, in addition to others
cases provided for in special legislation, when the employee provides activity:
a) In company or company sector dispensed from terminating or suspending the
operation one full day per week, or that you are obliged to terminate or
suspend operation on a diverse day of Sunday;
b) In a company or business sector whose functioning cannot be interrupted;
c) In activity that should take place on rest day of the remaining workers;
d) In activity of surveillance or cleaning;
e) On display or fair.
3-By instrument of collective work regulation or contract of employment, may
be instituted a complementary, continuous or discontinuous weekly rest period,
in all or a few weeks of the year.
4-The employer must, where possible, provide the weekly rest on the same
day to workers of the same household who request it.
5-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
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Article 232.
Cumulation of weekly rest and daily rest
1-Should be enjoyed in continuity the mandatory weekly rest and a period of
11 hours corresponding to the daily rest set out in Article 213.
2-The period of 11 hours referred to in the preceding paragraph shall be deemed to be fulfilled, in whole or
in part, by the complimentary weekly rest enjoyed in continuity to rest
mandatory weekly.
3-The provisions of paragraph 1 shall not apply:
a) The employee who occupiers office or direction or with power to
autonomous decision that is free from working hours;
b) When the normal period of work is fractionated throughout the day on grounds
in characteristics of the activity, namely cleaning services;
(c) In a situation provided for in point (d), (e), (h) or (i) of Article 206 (2) with the exception of,
as to the second, from point viii);
d) In situation of foreseeable addition of activity in tourism.
4-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
SUBSECTION IX
Holidays
Article 233.
Mandatory holidays
1-Are mandatory holidays the days January 1, of Good Friday, of Sunday of
Easter, April 25, May 1, of Body of God, June 10, August 15, 5 of
October, November 1, 1, 8 and December 25.
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2-The Good Friday holiday can be observed on another day with local meaning
in the Easter period.
3-Mediating specific legislation, certain mandatory holidays may be
observed on Monday of the subsequent week.
Article 234.
Optional holidays
1-In addition to the mandatory holidays, you can be observed for a holiday title, upon
instrument for collective work regulation or contract of employment, on Tuesday
of Carnival and the municipal holiday of the locality.
2-In replacement of any holiday referred to in the preceding paragraph, it may be observed
another day in which an employer and worker acorders.
Article 235.
Regime of the holidays
1-On a holiday day, the business or part of a company whose business is suspended
operation did not take place on Sunday.
2-The instrument of collective labour regulations or the contract of employment shall not
may establish holidays other than those indicated in the previous articles.
SUBSECTION X
Holiday
Article 236.
Right to holiday
1-The employee is entitled, in each calendar year, to a period of reciprocated vacation, which if
wins on January 1.
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2-The right to vacation, as a rule, reports to the work provided in the previous calendar year, but
is not conditional on assiduity or service efectiveness.
3-The right to vacation is irrelatable and your enjoyment cannot be replaced, albeit with the
contract of the employee, for any compensation, economic or other, without prejudice to the
provisions of paragraph 5 of the following article.
4-The right to vacation must be exercised in such a way as to provide the employee with
physical and psychic recovery, conditions of personal availability, integration in life
family and social and cultural participation.
Article 237.
Duration of the holiday period
1-The annual holiday period has the minimum duration of 22 working days.
2-For holiday effects, are useful the days of the week from Monday to Friday, with
exception of holidays.
3-A duration of the holiday period is increased in the event that the worker has not been missing or
have only justified flawed in the year to which the holidays report, on the following terms:
a) Three days of vacation, until a lack or two means days;
b) Two days of vacation, up to two lines or four means days;
c) A day of vacation, up to three lines or six means days.
4-For the purposes of the preceding paragraph, the days of suspension of the
contract of employment by fact concerning the employee and is considered as a period of
effective work on parental leave.
5-The worker may waive the enjoyment of vacation days that exceed 20 working days, or the
corresponding proportion in the case of holiday in the year of admission, without reduction of the
consideration and allowance for the expired period of vacations, which cumulate with the
retribution from the work provided on these days.
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6-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 3 or 5.
Article 238.
Special cases of length of the holiday period
1-In the year of admission, the worker is entitled to two business days of vacation for each month
duration of the contract, up to 20 days, whose enjoyment may take place after six full months of
execution of the contract.
2-In the event that the calendar year ends before the deadline referred to in the number has elapsed
previous, vacations are enjoyed until June 30 of the subsequent year.
3-From the application of the provisions in the preceding paragraphs may not result in the enjoyment, in the same
calendar year, of more than 30 working days of holiday, without prejudice to the instrument of
collective labour regulations.
4-In case the duration of the contract of employment is less than six months, the worker
is entitled to two business days of vacation for each full month of the duration of the contract,
by counting for the effect every day followed or interpolated from work provision.
5-The holidays referred to in the preceding paragraph shall be enjoyed immediately before the cessation of the
contract, unless agreement of the parties.
6-In the year of cessation of prolonged impediment started in the previous year, the
worker is entitled to a vacation under the terms of paragraphs 1 and 2.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 4, 5 or 6.
Article 239.
Year of the enjoyment of the holidays
1-The holidays shall be enjoyed in the calendar year in which they are due, without prejudice to the provisions of the
following numbers.
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2-The holidays can be enjoyed until April 30 of the following calendar year, in cumulation or not
with vacations due at the beginning of this, by agreement between employer and worker or always
that this intends to enjoy with a family resident abroad.
3-It may still be cumulated the enjoyment of half of the holiday period won in the year
previous with the vencent in the year concerned, upon agreement between employer and employee.
4-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 240.
Marking of the holiday period
1-The holiday period is marked by agreement between employer and worker.
2-In the lack of agreement, the employer marks the holidays, which cannot begin on a day of
weekly rest of the worker, listening to the effect to the committee of workers or, in the
your lack, the intersindical commission or the representative union commission of the worker
interested.
3-In small, medium or large company, the employer can only mark the period of
holiday between May 1 and October 31, unless the instrument of regulation
working collective or the opinion of the workers ' representatives admits time
different
4-In the absence of agreement, the employer who exercises activity connected to tourism is obliged
to mark 25% of the holiday period to which employees are entitled between May 1 and 31
of October, which are enjoyed consecutively.
5-In the event of termination of the contract of employment subject to prior notice, the employer may
determine that the enjoyment of the holiday takes place immediately prior to the cessation.
6-In the marking of the holidays, the most intended periods should be prorated, whenever
possible, by alternately benefiting employees depending on the enjoyed periods
in the previous two years.
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7-The spouses, as well as persons living in de facto union or common economy
on the terms provided for in specific legislation, which work in the same company or
establishment, are entitled to enjoy holidays in the identical period, unless there is injury
serious for the company.
8-The enjoyment of the holiday period can be interpolated, by agreement between employer and
worker, as long as they are enjoyed, at the minimum, 10 consecutive working days.
9-The employer draws up the holiday map, with indication of the beginning and the term of the
holiday periods of each employee, up to April 15 of each year and keep it affixed
in the workplaces between this date and October 31.
10-Constitute counter-ordinance grave the violation of the provisions of paragraphs 2, 3 or 4 and constitutes
counterordinance leads to violation of the willing in any of the remaining numbers of this
article.
Article 241.
Closure for holiday
1-Whenever it is compatible with the nature of the activity, the employer may terminate
the company or the establishment, in whole or in part, for a workers ' vacation.
2-A The application of the provisions of the preceding paragraph shall not waiver the fulfilment of the
provisions relating to marking the holiday period, without prejudice to the provisions of the number
next.
3-The employer may terminate the establishment for five consecutive working days,
in the holiday season of Christmas.
Article 242.
Alteration of the holiday period by reason relating to the company
1-Employer may change the holiday period already marked or interrupt the already
initiated by compelling demands of the operation of the company, having the worker
right to compensation for the damages suffered by leaving to enjoy the holidays in the period
marked.
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2-A interruption of the holiday should allow the enjoyment followed by half of the period to which the
worker is entitled.
3-In the event of termination of the contract of employment subject to prior notice, the employer may
change the marking of the holidays, by application of the provisions of Article 240 (4).
4-Constitute counterordinance leads to violation of the provisions of the n. ºs 1 or 2.
Article 243.
Alteration of the holiday period by reason pertaining to the worker
1-The enjoyment of the holiday does not start or suspend itself when the worker is
temporarily prevented by illness or other fact that is not attributable to it, since
that there is communication from the same to the employer.
2-In case referred to in the preceding paragraph, the enjoyment of the holidays takes place after the term of the
impediment to the measure of the remnant of the marked period, owing to the period
corresponding to the unenjoyed days being marked by agreement or, in the absence of this, by the
employer, without subjection to the provisions of Article 240 (3).
3-In the event of total or partial impossibility of the holiday enjoyment, on the grounds of
impediment of the worker, the latter is entitled to the consideration corresponding to the period of
holidays not enjoyed or the enjoyment of the same until April 30 of the following year and, in any
case, the respective allowance.
4-The worker's illness in the holiday period applies to the provisions of the n. ºs 2 and 3 of the
article 253.
5-The provisions of paragraph 1 shall not apply if the employee is opposed to the verification of the
disease situation under Rule 253.
6-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 3.
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Article 244.
Effects of termination of employment contract on the right to holiday
1-Crying the contract of employment, the employee is entitled to receive the consideration of
holiday and respective allowance:
a) Corresponding to overdue and non-enjoined vacations;
b) Proportional to the time of service provided in the year of cessation.
2-In the case referred to in paragraph (a) of the preceding paragraph, the holiday period shall be considered
for effects of seniority.
3-In the event of a cessation of contract in the calendar year subsequent to that of admission or whose
duration is not more than 12 months, the total cape of the holidays or the corresponding
retribution to which the employee is entitled shall not exceed the proportional to the period
annual holiday taking into account the duration of the contract.
4-Crying the contract after prolonged impediment of the worker, this is entitled to
retribution and the holiday allowance corresponding to the time of service provided in the year of
start of the suspension.
5-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 245.
Violation of the right to holiday
1-Should the employer obsess culposely to the enjoyment of the holidays in the terms provided for in the
previous articles, the worker is entitled to compensation in the value of triple the
retribution corresponding to the missing period, which shall be enjoyed until April 30 of the
subsequent calendar year.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
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Article 246.
Exercise of another activity during the holidays
1-The worker may not exercise during the holidays any other gainful activity,
save when you already exercise cumulatively or the employer authorizes you.
2-In the event of a breach of the provisions of the preceding paragraph, without prejudice to the possible
disciplinary liability of the employee, the employer is entitled to reaver the retribution
corresponding to the holidays and the respective allowance, half of which reverts to the service
responsible for the financial management of the Social Security budget.
3-For the purposes set out in the preceding paragraph, the employer may proceed to discounts
in the consideration, up to the limit of one sixth, in relation to each of the periods of
later maturity.
SUBSECTION XI
Faltas
Article 247.
Notion of lack
1-It is considered missing the absence of worker from the place in which he was due to perform the
activity during the normal period of daily work.
2-In case of absence of the worker for periods less than the normal period of
daily work, the respective times are added for determination of the lack.
3-Should the duration of the normal period of daily work be not uniform, consider
average duration for effect of the provisions of the preceding paragraph.
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Article 248.
Types of foul
1-A The lack can be justified or unwarranted.
2-Are considered justified falters:
a) The given, for 15 days followed, by the height of the marriage;
b) A motivated by the passing of a spouse, relative or afim, pursuant to Art. 250;
c) A motivated by the provision of proof in educational establishment, in the terms of the article
91.
d) A motivated by impossibility to provide work due to the fact not attributable to the
worker, namely disease, accident or compliance with legal obligation;
e) A motivated by the provision of unavoidable and indispensable assistance to son, grandchild or
member of the family household of worker, pursuant to Articles 49, 50 or 251,
respectively;
f) The motivated by travelling establishment of education of responsible for education of
minor by reason of the educational situation of this, for the time strictly necessary, up to
four hours per quarter, by each child;
g) An elected worker for structure of collective representation of workers, in the
terms of Article 407;
h) A candidate for public office, pursuant to the corresponding electoral law;
i) The authorised or approved by the employer;
j) A which by law is as such considered.
3-It is considered unjustified any unforeseen shortage in the preceding paragraph.
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Article 249.
Imperativity of the flawing regime
The provisions on the justifiable reasons for falterings and their duration shall not be
sidelated by a tool of collective labour regulations, save in relation to
situation provided for in paragraph 2 (g) of the preceding Article and provided that in a sense more
favorable to the worker, or by contract of employment.
Article 250.
Falters by reason of passing on spouse, relative or afim
1-The worker can falsely fail:
a) Up to five consecutive days, by demise of non-separate spouse of persons and goods
or of relative or afim in the 1. degree in the straight line;
b) Up to two consecutive days, by the passing of another relative or afim in the straight-line or
in the 2. degree of the collateral line.
2-Applies the provisions of paragraph (a) of the preceding paragraph in the event of a passing of person
living in de facto union or common economy with the worker, in the terms provided for
in specific legislation.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 251.
Lack for assistance to member of the household
1-The worker is entitled to be missed to work up to 15 days a year to provide assistance
unavoidable and indispensable, in the event of illness or accident, the spouse or person living
in de facto union or common economy with the worker, relative or afim in the recessed line
rising or in the 2. degree of the collateral line.
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2-In the case of assistance to relative or awe in the ascending straight-line, it is not required to
belong to the same household.
3-For missing justification, the employer may require the worker:
a) Proof of the unavoidable and necessary character of the assistance;
b) Declaration that the other members of the household, if they exercise activity
professional, have not missed for the same reason or are unable to provide the
assistance;
c) In the case of the previous number, statement that other relatives, if they exercise
professional activity, have not been missed for the same reason or are unable to
provide the assistance.
Article 252.
Communication of absence
1-A The absence, when predictable, is communicated to the employer, accompanied by the
indication of the justifiable reason, with the minimum advance of five days.
2-Case in advance provided for in the preceding paragraph shall not be respected,
notably by the absence being unpredictable in advance of five days, the
communication to the employer is made as soon as possible.
3-A lack of a candidate for public office during the legal period of the election campaign is
communicated to the employer with the minimum 48-hour advance notice.
4-A communication is reiterated in the event of an absence immediately subsequent to the planned
in communication referred to in one of the previous figures, even when the absence
determine the suspension of the contract of employment by prolonged impediment.
5-Failure to comply with the provisions of this article determines that the absence is unjustified.
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Article 253.
Proof of justifiable reason for lack
1-The employer may, in the 15 days following the communication of the absence, require the
worker proof of fact relied on for the justification, to be provided within a reasonable time.
2-A evidence of the worker's disease situation is made by declaration of establishment
hospital, or health centre or still by medical attestative.
3-A The disease situation referred to in the preceding paragraph can be checked by doctor, in the
terms provided for in specific legislation.
4-A presentation to the employer of medical declaration with fraudulent intent constitutes
false statement for the effects of fair cause of dismissal.
5-The non-compliance of obligation provided for in paragraphs 1 or 2, or the opposition, without reason
attendant, to the verification of the disease referred to in paragraph 3 determines that the absence is
considered unjustified.
Article 254.
Effects of justified lack
1-A justified failure shall not affect any employee's right, save the provisions of the
the following number.
2-Without prejudice to other legal provisions, they determine the loss of retribution as
following justified phalts:
a) For the reason of illness, provided that the employee benefits from a safety regime
social protection in the disease;
b) By reason of an accident at work, as long as the employee is entitled to any
allowance or insurance;
c) A provided for in Article 251;
(d) those provided for in Article 248 (2) (j) when they exceed 30 days per year;
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e) The authorised or approved by the employer.
3-A The lack provided for in Article 251 shall be deemed to be the effective provision of work.
Article 255.
Effects of unwarranted failure
1-A unjustified lack constitutes violation of the duty of assiduity and determines loss of the
retribution corresponding to the period of absence, which is not counted in the seniority of the
worker.
2-A unwarranted failure to one or a half normal period of daily work, immediately
previous or later the day or half day of rest or the holiday, constitutes a serious offence.
3-In the case of worker presentation with unjustified delay:
a) Being greater than 60 and for commencement of the daily work, the employer may not
to accept the provision of work for the entire normal period of work.
b) Being greater than 30, the employer may not accept the provision of work
during that part of the normal period of work.
Article 256.
Replacement of loss of retribution by reason of lack
1-A loss of retribution by reason of failure can be replaced:
a) By waiver on vacation days in equal numbers, up to the extent permitted by the article 5 of the article
237., upon express statement of the worker;
b) By provision of work in addition to the normal period, within the prescribed limits
in Article 203, when the instrument of collective labour regulation allows it.
2-The provisions of the preceding paragraph does not imply reduction of the holiday allowance
corresponding to the expired holiday period.
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CHAPTER III
Retribution and other patrimonial benefits
SECTION I
General provisions on retribution
Article 257.
General principles on retribution
1-consideration shall be deemed to provide that, in the terms of the contract, the standards that the
governing or the uses, the employee is entitled in return for his work.
2-A The consideration comprises the base consideration and other regular and periodic installments
made, directly or indirectly, in cash or in kind.
3-Presume-if it constitutes retribution any provision of the employer to the employee.
4-To the qualifying as a consideration shall apply for the corresponding scheme of
guarantees provided for in this Code.
Article 258.
Retribution in kind
1-A non-pecuniary retributive benefit should be aimed at meeting needs
personal of the employee or his or her family and may not be assigned higher value to the
current in the region.
2-The value of non-pecuniary retributive benefits may not exceed that of the Party in
money, save the willing in instrument of collective labour regulation.
Article 259.
Benefits included or excluded from retribution
1-Considerate retribution:
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a) The importance that corresponds, inter alia, to the help of cost, expenditure with
transport or accommodation, allowance for failures or meal allowance, in the part where
exceeds the normal amount of expense often made to the employer's service and
is considered by the contract or by the uses as a counterpart to the work;
b) The gratification due by force of the contract or the standards that govern it, yet
conditioned by good services of the worker, or to which, by its importance and character
regular and permanent, be considered by the uses as an integral element of the retribution;
c) The benefit related to the result obtained by the company which, by its title or
by the uses, have regular and permanent assignment, regardless of the variability of the
your amount;
d) the participation in the profits of the company when the employee is not assured by the
contract a fitting consideration to your work.
2-Do not consider themselves retribution:
a) The importance referred to in point (a) of the preceding paragraph, to the extent that it is not
covered by the provisions of its final part;
b) The extraordinary gratification granted by the employer as a prize for the good
result of the company;
c) the performance related to the performance or professional merit or still with the
assiduity of the worker, the payment of which is not in advance guaranteed;
d) the participation in the profits of the Company when the provisions of point (d) do not occur
previous number.
Article 260.
Modalities of retribution
1-A The consideration may be certain, variable or mixed, this being constituted by a party
right and another variable.
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2-Is certain the consideration calculated in function of time of work.
3-To determine the value of the variable consideration, when the respective
criterion, the average of the amounts of benefits corresponding to the latter is considered
12 months, or to the time of execution of contract that has lasted less time.
4-In case the process established in the preceding paragraph is not practicable, the calculation of the
variable consideration is made under the provisions of instrument of collective regulation
of work or, failing that, according to the prudent arbitrio of the adjudicator.
5-The employer shall seek, inter alia, by means of mixed-reward systems,
that the retribution of workers encourages increased productivity, owing to
assessment of this taking into account in particular the personal qualities that
benefit the provision of work.
Article 261.
Calculation of supplementary or ancillary provision
1-When legal, conventional or contractual provision does not otherwise possess, the basis
of calculation of supplementary or ancillary benefit consists of the base consideration and
diuturnals.
2-For the purpose of the provisions of the preceding paragraph, it shall be understood by:
a) Basic retribution, the provision corresponding to the activity of the worker in the period
normal of work;
b) Diuturnity, the provision of nature reciprocity to which the employee is entitled to
foundation in antiquity.
Article 262.
Christmas allowance
1-The worker is entitled to the Christmas allowance of value equal to one month of retribution,
which must be paid by December 15 of each year.
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2-The value of the Christmas allowance is proportional to the time of service provided in the calendar year,
in the following situations:
a) In the year of admission of the worker;
b) In the year of termination of the contract of employment;
c) In the event of suspension of contract of employment on the basis of the employee.
3-Constitui counterordinate very serious violation of the provisions of this article.
Article 263.
Consideration of the holiday period and allowance
1-A The return of the holiday period corresponds to the one the worker would receive if
were in effective service.
2-In addition to the consideration mentioned in the preceding paragraph, the employee is entitled to
holiday allowance, understanding the base consideration and other retributive benefits that
are counterpart to the specific mode of the implementation of the work, corresponding to the
minimum duration of holidays, not counting for this purpose the provisions of paragraph 3 of the article
237.
3-Unless otherwise written agreement, the holiday allowance must be paid before the start of the
period of vacation and proportionally in case of interpolated holiday enjoyment.
4-Constitui counterordinate very serious violation of the provisions of this article.
Article 264.
Consideration for exemption from working hours
1-The working hours free worker is entitled to specific consideration,
established by instrument of collective labour regulation or, in the absence of this,
not less than:
a) One hour of supplementary work per day;
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b) Two hours of supplementary work per week when it is an exemption scheme
of time with observance of the normal period of work.
2-The employee who is exerted by administration or management may waive the
retribution referred to in the preceding paragraph.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 265.
Payment of night work
1-Night work is paid with addition of 25% on the payment of
equivalent work provided during the day.
2-The addition predicted in the preceding paragraph may be replaced, by instrument
of collective labour regulations, by:
a) equivalent Reduction of the normal period of work;
b) Fixed return of the base consideration, provided that it does not import less favourable treatment
for the worker.
3-The provisions of paragraph 1 shall not apply, unless provided for in an instrument of regulation
collective of work:
a) In activity carried out solely or predominantly during the night period,
particularly spectacle or public fun;
b) In activity which, by its nature or by virtue of the law, should work at the disposal of the
public during the nighttime period, specifically tourism venture,
establishment of catering or beverages, or pharmacy, in period of opening;
c) When the consideration is established given the circumstance of the work duty to be
provided in a nighttime period.
4-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.
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Article 266.
Retribution for exercise of related or functionally connected functions
1-The employee who carries out duties referred to in Article 118 (2), albeit the
accessory title, is entitled to the highest consideration that corresponds to them, while such
exercise keep up.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 267.
Payment of supplementary work
1-The supplementary work is paid for the value of the hourly consideration with the following
additions:
a) 50% for the first hour or fraction of this and 75% per hour or subsequent instalment, on a day
useful;
b) 100% for each hour or instalment, on weekly rest day, compulsory or
supplemental, or on holiday.
2-It is required for the payment of supplementary work the provision of which has been prior and
expressly determined, or carried out so as to not be foreseeable the opposition of the
employer.
3-The provisions of the preceding paragraphs may be sidelined by instrument of
collective employment regulation in accordance with Article 228 (6).
4-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 268.
Installments on a holiday day
1-The worker is entitled to the consideration corresponding to the holiday, without the
employer to be able to compensate with supplementary work.
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2-The worker who provides normal work on a company holiday day not obliged to
suspend the functioning on that day is entitled to compensatory rest of equal
duration or the addition of 100% of the corresponding consideration, having the choice to
employer.
SECTION II
Determination of the value of retribution
Article 269.
Criteria for determination of retribution
In the determination of the value of the consideration must take into account the quantity, nature and
quality of work, observing the principle that, for equal work or value
equal, equal pay.
Article 270.
Calculation of the value of hourly retribution
1-The value of the hourly consideration is calculated by the following formula:
(Rm x 12): (52 x n)
2-For effect of the previous number, Rm is the value of the monthly retribution and n the period
normal weekly work, defined in average terms in case of adaptability.
Article 271.
Judicial determination of the value of retribution
1-Compete to the court, taking into account the practice of the company and the uses of the sector or places,
determine the value of the retribution when the parties did not and it did not result from
tool for collective working regulation of applicable work.
2-Compete still to the court to resolve doubt raised over qualification as
retribution of benefit paid by the employer.
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SECTION III
Guaranteed monthly minimum consideration
Article 272.
Determination of the guaranteed monthly minimum consideration
1-It is guaranteed to workers a minimum monthly consideration, whatever the
practiced modality, the value of which is determined annually by specific legislation,
listened to the Standing Committee on Social Concertation.
2-In the determination of the guaranteed monthly minimum consideration are weighted, among others
factors, the needs of workers, the increase in cost of living and the evolution of the
productivity, with a view to its suitability for the criteria of the income policy and
prices.
3-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.
4-A The decision that applies the fine shall contain the order of payment of the quantitative of the
consideration in debt to the employee, to be carried out within the time limit set for
payment of the fine.
Article 273.
Benefits included in the guaranteed monthly minimum consideration
1-The amount of the guaranteed monthly minimum consideration includes:
a) the value of provision in kind, particularly food or accommodation, due to the
worker in return for their normal work;
b) Commission on sales or production premium;
c) Gratification constituting retribution, pursuant to paragraph 1 (b) of Article 259 (1).
216
2-The value of benefit in kind is calculated according to current prices in the region and
may not be greater than the following amounts or percentages of the value of the consideration
guaranteed monthly minimum, total or of the given by application of percentage of
reduction to which the following article is concerned:
a) 35% for full feed;
b) 15% for the food consisting of a main meal;
c) 12% for the accommodation of the worker;
d) 27.36 € per division assorted for the housing of the worker and his household;
e) 50% for the total benefits in kind.
3-The value mentioned in paragraph (d) of the preceding paragraph shall be updated by application of the
coefficient of upgrading of housing rents, where the value of the
guaranteed minimum monthly retribution.
4-The amount of the guaranteed monthly minimum consideration does not include allowance, premium,
gratification or other accidental attribution or for a period of more than one month.
Article 274.
Reduction of the guaranteed monthly minimum consideration related to the worker
1-A The guaranteed monthly minimum consideration has the following reduction in respect of:
a) Practicant, apprentice, trainee or trainee in certified training situation, 20%;
b) Worker with reduced working capacity, the reduction corresponding to the difference
between the full capacity for the work and the effective coefficient for the
contracted activity, if the difference is greater than 10%, with the limit of 50%.
2-A reduction provided for in paragraph (a) of the preceding paragraph shall not apply for higher period
a year, including the time of training at the service of another employer, provided that
targeting the same qualification.
217
3-The period set out in the preceding paragraph is reduced to six months in the case of
worker habilitated with technical-professional course or course obtained in the system of
qualified vocational training for the respective profession.
4-A certification of the effective capacity coefficient is done, at the request of the worker, of the
job candidate or employer, by the public employment service or by the
health services.
SECTION IV
Fulfillment of obligation of retribution
Article 275.
Form of compliance
1-A consideration is satisfied in cash, as well as in non-pecuniary benefits, in the
terms of Article 258.
2-A pecuniary part of the consideration can be paid by means of cheque, postal valley or
deposit to the worker's order, and shall be borne by the employer at the expense made
with the conversion of the credit title in cash or the lifting, at one time, of the
retribution.
3-Until the payment of the consideration, the employer must deliver to the worker
document from which they build the identification of that, the full name, the number of
enrollment at the social security institution and the professional category of the worker, the
basis consideration and the remaining benefits, as well as the period to which they respect, the
discounts or deductions and the net amount to be received.
4-Constitutive counter-ordinance very serious violation of the provisions of paragraph 1 and constitutes
serious counterordinance the violation of the provisions of paragraph 2.
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Article 276.
Place of compliance
1-A consideration must be paid in the workplace or elsewhere that is agreed upon, without
injury to the provisions of paragraph 2 of the preceding Article.
2-Should retribution be paid in a diverse place of the workplace, the time that the
worker to spend to receive the retribution considers themselves time to work.
Article 277.
Time of compliance
1-The retributive credit wins for certain and equal periods, which, unless stipulating or
diverse use, are the week, the fortnight and the month of the calendar.
2-A consideration must be paid on a business day, during the period of work or
immediately following this.
3-In the event of variable consideration with period of calculation greater than 15 days, the
worker may demand payment in fortnightly installments.
4-The amount of the consideration shall be at the disposal of the employee on the date of
due or on previous business day.
5-The employer consists of mora if the employee, as a matter of fact that it is not
attributable, it cannot dispose of the amount of the consideration at the date of due date.
6-Constitute counter-ordinance grave the violation of the provisions of paragraph 4.
Article 278.
Compensations and discounts
1-In the pendency of employment contract, the employer cannot compensate for the consideration
in debt with credit you have on the worker, nor do you discount or deduction on the
amount of that.
219
2-The provisions of the preceding paragraph shall not apply:
a) A discount in favour of the State, social security or other entity, ordered by law,
judicial decision transitioned on trial or self of conciliation, when the employer has
been notified of the decision or the self;
b) The compensation owed by the employee to the employer, settled by court decision
transitioned on trial or self-conciliation;
c) to the financial penalty referred to in point (c) of Article 327 (1);
d) The amortization of capital or payment of loan interest granted by the
employer to the worker;
e) The price of meals in the place of work, of telephone use, of supply of
genera, of fuels or materials, when requested by the worker, or other
expense carried out by the employer on account of the employee with the agreement of this;
f) The allowance or advance on account of the consideration of the consideration.
3-The discounts referred to in the preceding paragraph, with the exception of the one mentioned in the
(a) they may not exceed, as a whole, a sixth of the consideration.
4-The prices of meals or other goods supplied to the worker by co-operative of
consumption, upon agreement between this and the worker, are not subject to the limit
mentioned in the previous number.
5-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.
Article 279.
Assignment of retributive credit
The worker can only give in credit to retribution, free or onerous, in the measure
in which the same is pawable.
220
CHAPTER IV
Prevention and repair of accidents at work and occupational diseases
Article 280.
General principles on safety and health at work
1-The worker is entitled to provide work in conditions of safety and health.
2-The employer must assure the workers of safety and health conditions in
all aspects related to the work, applying the necessary measures having in
account for essential principles of prevention.
3-In the implementation of the prevention measures, the employer must mobilize the means
necessary, particularly in the fields of technical prevention, training, information and
consultation of employees and appropriate services, internal or external to the company.
4-Employers who simultaneously develop activities in the same place of
work must cooperate in the protection of the safety and health of the respective
workers, taking into account the nature of the activities of each.
5-A The law regulates the modes of organization and operation of the security services and
health at work, which the employer must ensure.
6-Are prohibited or conditioned the work that is considered, by
regulation in special legislation, likely to involve risks to heritage
genetics of the worker or his descendants.
7-Workers must comply with safety and health requirements at work
established in law or in instruments of collective labor regulation, or
determined by the employer.
221
Article 281.
Information, consultation and training of employees
1-The employer must inform employees about the relevant aspects for the
protection of your safety and health and that of third parties.
2-The employer shall consult in good time the employees ' representatives, or the
own employees, on the preparation and implementation of prevention measures.
3-The employer must ensure proper training, which empowers employees to
prevent the risks associated with the respective activity and the employees ' representatives to
exercise in a competent manner the respective functions.
4-In each company, employees are represented in the promotion of safety and
health at work by elected representatives with that purpose or, failing that, by the
commission of workers.
Article 282º
Accidents at work and occupational diseases
1-The worker and his relatives are entitled to the repair of emerging damage from
accident at work or occupational disease.
2-Professional diseases are listed in the list organized and published in the Journal of the Republic .
3-A The law sets out the situations that exclude the duty to indemnify or to grace the
responsibility.
4-The employer is obliged to transfer responsibility for the intended compensation
in this Chapter for legally authorized entities to carry out this insurance.
5-A compensation for accidents at work that cannot be paid by the entity
responsible, particularly on grounds of economic incapacity, is assumed by fund
public in the context of social security, under the law.
222
6-A responsibility for repairing the emerging damage of occupational diseases is
taken over by social security, under the law.
7-The employer must ensure the affected worker of injury caused by accident
of work or occupational disease that reduces your ability to work or gain a
occupation in compatible functions.
Article 283.
Regulation of prevention and repair
The provisions of this Chapter are regulated in specific legislation.
CHAPTER V
Contractual vicissitudes
SECTION I
Transmission of company or establishment
Article 284.
Effects of company transmission or establishment
1-In the event of a transmission, by any title, of the title of company, or
establishment or even of part of a company or establishment constituting a
economic unit, transmit to the acquirer the position of the employer in the
labour contracts of the respective employees, as well as the responsibility for the
payment of fine applied by the practice of labour counter-ordinance.
2-The transmitant responds solidly by the obligations due to the date of
transmission, during the subsequent year to this.
223
3-The provisions of the preceding paragraphs shall also apply to the transmission, assignment or
reversal of holding company, establishment or economic unit, being
jointly and severally liable, in the event of assignment or reversal, who immediately before
has exercised exploitation.
4-The provisions of the preceding paragraphs shall not apply in the event of an employee who the
transmitent, prior to transmission, transfer to another establishment or unit
economic, in accordance with the provisions of Article 194º, keeping it at its service, except in the
respect to the liability of the purchaser for the payment of fine imposed by the
practice of labour counter-ordinance.
6-Economic unity is considered to be the set of means organised with the aim of
engage in an economic, principal or ancillary activity.
7-Constitui counterordinate very serious violation of the provisions of paragraph 1 and the first
part of paragraph 3.
Article 285.
Information and consultation of employee representatives
1-The transmitant and the acquirer shall inform the representatives of the respective
workers or, if they do not exist, the workers themselves, on the date and motives of the
transmission, its legal, economic and social consequences for employees and
projected measures in relation to these.
2-A information referred to in the preceding paragraph shall be provided in writing, before the
transmission, in good time, at least 10 days prior to the consultation referred to in the number
next.
3-The transmitant and the acquirer shall consult the representatives of the respective
workers, prior to transmission, with a view to obtaining an agreement on the measures
that they wish to apply to the workers following the transmission, without prejudice to the
legal and conventional provisions applicable to such measures.
224
4-For the purposes of the previous figures, representatives of the employees are considered
workers ' commissions, as well as interunion commissions, union commissions
or the union delegates of the respective companies.
5-Constitute counterordinance leads to violation of the provisions of the n. ºs 1, 2 or 3.
Article 286.
Representation of workers after the transmission
1-Should the company or establishment maintain autonomy after transmission, the
status and function of the representatives of the workers affected by the latter do not change,
provided that the necessary requirements for the institution of the structure of
collective representation in question.
2-Should the company, establishment or transmitted economic unit be incorporated into the
acquirer company and in this do not exist the corresponding structure of representation
collective of the workers provided for in the law, the existing one in the incorporated entity continues in
functions for a period of two months from the transmission or until new structure
however elected to start their respective roles or, still, for another two months, if the election
is nullified.
3-In the case of incorporation of establishment or part of company or establishment
predicted in the previous number:
a) The subcommittee exercises the own rights of commission of workers during the
period in which to continue in office, in representation of the employees of the
establishment transmitted;
b) The representatives of workers for safety and health in the work assigned to the
incorporated entity exercise the own rights of this structure, under the terms of the point
previous.
225
4-The members of collective representation structure of employees whose mandate
cesse, in accordance with paragraph 2, continue to benefit from the protection set out in paragraphs 2 a to 4
of Article 408 or in a tool of collective labour regulations, to date in
that the respective mandate would end.
SECTION II
Occasional ceding of worker
Article 287.
Notion of occasional worker budding
The occasional ceding consists in the temporary provision of worker, by the
employer, to provide work to another entity, the one whose power of direction that lies
subject, maintaining the initial contractual bond.
Article 288.
Admissibility of occasional ceding
1-A The occasional ceding of worker is licite when they cumulatively check them out
following conditions:
a) The employee is bound to the employer ceding by contract of employment without
term;
b) cedence occurs between affiliated societies, in the society-related relationship of shareholdings
reciprocal, domain, or group, or between employers who have structures
common organisational;
c) The worker agrees with the yielding;
d) The duration of the cedence does not exceed one year, renewable for equal periods to the maximum
of five years.
226
2-The conditions of the occasional ceding of worker may be regulated by
instrument for collective work regulation, with the exception of that referred to in point (c)
of the previous number.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 289.
Occasional ceding agreement of worker
1-A The occasional ceding of worker depends on agreement between transferor and transferee,
subject to written form, which shall contain:
a) Identification, signatures and domicile or seat of the parties;
b) Identification of the ceded worker;
c) Indication of the activity to be provided by the worker;
d) Indication of the date of commencement and duration of the yielding;
e) Declaration of agreement of the worker.
2-In the event of a cessation of the occasional ceding agreement, of extinction of the entity
transferee or cessation of the activity for which it was ceded, the worker returns to the
service of the vendor, maintaining the rights it had prior to ceding, the duration of which counts
for effects of seniority.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1 (e) or the n.
2 and constitute mild counterordinance to the violation of any of the remaining precepts of paragraph 1.
Article 290.
Working provision of ceded worker
1-During the occasional ceding, the worker is subject to the applicable working regime
to the transferee with respect to the mode, place, duration of work, suspension of contract
of work, safety and health at work and access to social equipment.
227
2-The transferee shall inform the transferor and the employee ceded about the risks to the
safety and health inherent in the post of work to which this is affection.
3-No allocation of worker ceded to job particularly is permitted
dangerous for your safety or health, save when it corresponds to your qualification
specific professional.
4-The transferee shall draw up the working hours of the incarded labourer and mark the
period of the holidays that are enjoyed at your service.
5-The ceded worker is entitled:
a) To the minimum consideration which, in instrument of collective labour regulations
applicable to the transferor or the transferee, correspond to his or her duties, or to the practicum thereof
to the same functions, or to the retribution earned at the moment of cedence, depending on the
that is higher;
b) A vacation, holiday and Christmas allowances and other regular and periodical benefits to which the
workers of the transferee shall be entitled by identical work, in
proportion of the duration of the yielding.
6-A The budding of worker to one or more entities shall observe the conditions
constants of the employment contract.
7-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 2, 3, 4 or 5.
Article 291.
Consequence of illicit recourse to cedence or irregularity of the agreement
1-A The occasional ceding of worker outside of the conditions in which it is admissible, or the lack
of the Agreement pursuant to Article 289 (1) confers on the employee ceded the right to
opt to stay in the service of the transferee on contract of employment contract without
term.
228
2-The right provided for in the preceding paragraph may be exercised until the term of cedence,
upon communication to the transferor and the transferee by registered letter with notice of
reception.
Article 292.
Ceded worker framing
1-The ented worker is not considered for the purpose of the determination of the obligations of the
transferee that take into account the number of employees employed, except in what
respects the organisation of occupational safety and health services.
2-The transferee shall communicate to the commission of workers the beginning of the use of
worker in occasional yielding regime, within five working days.
3-Constitute counterordinance leads to violation of the provisions of the previous number.
SECTION III
Reduction of activity and suspension of contract work
SUBSECTION I
General provisions on reduction and suspension
Article 293.
Determinant facts of reduction or suspension
1-A temporary reduction of normal period of work or the suspension of contract of
work can be grounded in the temporary impossibility, respectively partial or
total, of delivery by fact pertaining to the employee or the employer.
2-Permits also the reduction of the normal working period or the suspension of the
contract of employment, specifically:
a) The need to ensure the viability of the company and the maintenance of posts of
work, in a situation of business crisis;
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b) The agreement between worker and employer, namely pre-reform agreement.
3-There may still be the suspension of employment contract on the initiative of a worker,
founded on a lack of punctual payment of the retribution.
Article 294.
Effects of reduction or suspension
1-During the reduction or suspension, the rights, duties and guarantees of the parties remain remain
that they do not presuppose the effective provision of work.
2-The time of reduction or suspension counts for the purposes of seniority.
3-A reduction or suspension shall have no effect in the course of expiry, nor shall it obstinate
a for any of the parties to cease the contract in the general terms.
4-terminated the period of reduction or suspension, the rights, duties and duties are restored.
guarantees of the parties arising from the effective provision of work.
5-Constitute counterordinance grave the impediment by the employer to which the
worker resume normal activity after the end of the period of reduction or suspension.
SUBSECTION II
Suspension of contract of employment by fact concerning worker
Article 295.
Fact determinant of the suspension concerning the worker
1-Determine the suspension of the contract of employment the temporary impediment by fact
concerning the worker who is not attributable to him and extends for more than one month,
particularly disease, accident or fact arising from the application of the law of military service.
2-The contract of employment suspenders before the deadline referred to in the preceding paragraph, in the
moment in which it is foreseeable that the impediment will be duration higher than that.
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3-The suspended contract of employment shall lapse at the time when it is certain that the
impediment becomes definitive.
4-The temporary impediment by fact attributable to the worker determines the suspension
of the contract of employment in the cases provided for in the law.
Article 296.
Return of the worker
On the immediate day of the cessation of the impediment, the worker must present himself to the
employer to resume the activity.
SUBSECTION III
Temporary reduction of the normal period of work or suspension of the contract of employment
by fact concerning the employer
DIVISION I
Business crisis situation
Article 297.
Reduction or suspension in situation of business crisis
1-The employer may temporarily reduce the normal periods of work or
suspend employment contracts, on market, structural or technological grounds,
disasters or other occurrences that have severely affected the normal activity of the
company, as long as such a move is indispensable to ensure the viability of the company and
the maintenance of the jobs.
2-A The reduction referred to in the preceding paragraph may cover:
a) One or more normal periods of work, journals or weekly, and may concern
different groups of workers, rotatively;
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b) Decrease in the number of hours corresponding to the normal period of work, journal
or weekly.
3-The reduction or suspension scheme applies to cases in which such a measure is
determined in the context of a company statement in difficult economic situation or, with the
necessary adaptations, in the process of company recovery.
Article 298.
Communications in the event of a reduction or suspension
1-The employer communicates, in writing, to the commission of workers or, failing that, to the
intersindical commission or union commissions of the representative company of the employees
to cover, the intention to reduce or suspend the provision of the work, informing them
simultaneously about:
a) Economic, financial or technical Fundamentals of the measure;
b) Table of staff, broken down by sections;
(c) criteria for selection of employees to be covered;
d) Number and professional categories of employees to be covered;
e) Term of application of the measure;
f) Training areas to be attended by the workers during the period of reduction or
suspension, being the case.
2-In the absence of the entities referred to in paragraph 1, the employer communicates, in writing, to each
worker to be covered, the intention to reduce or suspend the provision of work,
and may these, in the five days after the receipt of the communication, designate from among
they a representative commission with the maximum of three or five elements, depending on
measure covers up to 20 or more workers.
3-In the case provided for in the preceding paragraph, the employer sends the commission the information
referred to in paragraph 1.
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4-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 299.
Information and negotiation in the event of a reduction or suspension
1-In the five days after the fact provided for in paragraph 1 or 3 of the previous article, the
employer promotes a phase of information and negotiation with the representative structure
of the workers, with a view to an agreement on the modality, scope and duration of the
measures to be adopted.
2-A The minutes of the trading meetings shall contain the agreed matter and, as well, the
divergent positions of the parties, with the opinions, suggestions and proposals of each.
3-Concluded the agreement or, in the absence of this, after having elapsed 10 days on the sending of the
information provided for in paragraph 1 or 3 of the previous article or, in the absence of this, of the communication
referred to in paragraph 2 of the same article, the employer communicates to each employee, in writing,
the measure that it decided to apply, with express mention of the plea and the start dates and
term of application.
4-On the date of the communications referred to in the preceding paragraph, the employer referred to the
representative structure of employees and the competent service of the ministry
responsible for the area of social security the minutes referred to in paragraph 2, as well as relationship
of which the name of the workers, abode, dates of birth and admission in the
company, situation in the face of social security, profession, category and retribution and, still, the
individually adopted measure, with an indication of the start and term dates of the application.
5-In the absence of the minutes of the negotiation, the employer sends to the entities referred to in the number
previous a document in which it justifies it and describes the agreement, or the reasons that
have obstinate to the same and the final positions of the parties.
6-Constitute counterordinance leads to violation of the provisions of this article.
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Article 300.
Duration of reduction or suspension measurement
1-A reduction or suspension shall have a previously defined duration, not more than six
months or, in the event of a disaster or other occurrence that has severely affected the
normal activity of the company, one year.
2-A reduction or suspension can start by decorating 10 days on the date of communication
referred to in paragraph 3 of the previous article, or immediately in the event of an impediment
immediate to the normal provision of work that is known to workers
covered.
3-Any of the time limits referred to in paragraph 1 may be extended by a maximum period
of six months, provided that the employer communicates such an intention and the expected duration, by
written and in a reasoned manner, to the representative structure of the workers and this not if
opponent, in writing and in the following five days.
4-In the lack of representative structure of the employees, the communication provided for in the
previous number is made to each worker covered by the extension, which will only take place
when the worker manifests, in writing, his agreement.
5-Constitute counterordinance leads to violation of the provisions of paragraph 1.
Article 301.
Vocational training during the reduction or suspension
1-A vocational training to be attended by workers during the period of reduction
or suspension should orientate itself towards the company's viabilization and the maintenance of the posts of
work, or the development of the professional qualification of workers to increase
their employability.
2-The employer draws up the plan of the training, preceded by consultation with employees
covered and to appear from the representative structure of the workers.
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3-A The response of the workers and the opinion referred to in the preceding paragraph shall be
issued within a time indicated by the employer, not less than five days.
4-Constitute counterordinance leads to violation of the provisions of this article.
Article 302.
Employer duties in the period of reduction or suspension
1-During the period of reduction or suspension, the employer shall:
(a) make punctually the payment of the compensation compensation;
b) Paying punctually the social security contributions on the retribution earned
by the workers;
c) Do not distribute profits, in any form, in particular to the title of surveying by
account;
d) Do not increase the consideration or other installment assigned to member of
social bodies, as long as social security comprised in the retributive compensation
assigned to workers;
e) Do not proceed to admission or renewal of contract of employment for filling in
job posting likely to be secured by a worker in a reduction situation or
suspension.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 303.
Duties of the worker in the period of reduction or suspension
1-During the period of reduction or suspension, the worker shall:
a) Paying social security contributions on the basis of the retribution earned and the
retributive compensation;
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b) In case you exercise paid activity outside the company, communicate the fact to the employer,
within five days of the beginning of it;
c) attend professional trainings provided for in the plan referred to in Article 301.
2-The worker who does not unreasonably comply with the duty referred to in point (b) or
c) of the preceding paragraph loses the right to retributive compensation and, in the case of point (b),
must restitute what he has received to this title, constituting yet the omission an offence
severe disciplinary.
Article 304.
Worker's rights in the period of reduction or suspension
1-During the period of reduction or suspension, the worker is entitled:
a) To earn monthly a minimum amount equal to two thirds of your consideration
illiquid normal, or the value of the guaranteed monthly minimum consideration corresponding to its
normal period of work, whicheter is higher;
b) Maintain the social perks or social security benefits to which you are entitled and that the
that the respective base of calculation is not changed by the effect of the reduction or suspension;
c) To engage in another paid activity.
2-During the period of reduction, the employee's consideration is calculated in proportion
of the hours of work.
3-During the period of reduction or suspension, the worker is entitled to compensation
retributive to the extent necessary for, jointly with the consideration of work
provided in or outside of it, secure the monthly amount referred to in paragraph (a) of the n.
1, up to triple the guaranteed monthly minimum retribution.
4-Social security sickness benefit allowance is not awarded in respect of the period of
illness that occurs during the suspension of the contract, keeping the worker right to the
retributive compensation.
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5-In the event of no punctual payment of the amount provided for in paragraph 1 (a) during
the period of reduction, the employee is entitled to suspend the contract under the terms of the
article 324º.
6-Constitute counter-ordinance grave the violation of the provisions of paragraph 1 (a), or in the
point (b) of the same number in the part concerning the employer.
Article 305.
Effects of reduction or suspension on holiday, holiday allowance or Christmas
1-The time of reduction or suspension does not affect the maturity and the length of the period of
holiday.
2-A reduction or suspension is without prejudice to the marking and enjoyment of vacations, in the general terms,
having the employee right to the payment by the employer of the holiday allowance due
under normal working conditions.
3-The worker is entitled to the entire Christmas allowance, which is paid for by security
social in amount corresponding to half of the reciprocating compensation and the
employer in the rest.
4-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2 or 3, this in
part concerning the employer.
Article 306.
Monitoring of the measure
1-Employer informs quarterly the representative structures of workers
of the evolution of the reasons justifying the recourse to the reduction or suspension of the provision of
work.
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2 During the reduction or suspension, the service with inspective competence of the ministry
responsible for the labour area, on its own initiative or the requirement of any
interested, should put an end to the application of the scheme in respect of all or some
workers, in the following cases:
a) Non-verification or cessation of the existence of the plea raised;
b) Lack of communications or refusal to participate in the information procedure and
trading on the part of the employer;
c) Infulfillment of any of the duties referred to in Article 302º (1).
3 A The decision putting an end to the application of the measure shall indicate the employees to whom
applies and produces effects from the time the employer is notified.
Article 307.
Rights of workers ' representatives during the reduction or suspension
1-A measure of reduction or suspension relative to worker who is a union delegate or
member of structure of collective representation of workers is without prejudice to the right
to the exercise of the corresponding functions in the company.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
DIVISION II
Temporary closure and decrease in activity
Article 308.
Retribution during the closure or the decrease in activity
1-In the event of a temporary closure or temporary decrease in activity of
company or establishment that does not respect the situation of business crisis, the worker
is entitled to:
a) being due to fortuitous or force majean case, 75% of the retribution;
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b) being due to the fact attributable to the employer or by reason of interest of this, the
totality of the retribution.
2-At the value of the consideration deducted what the employee receives in the period concerned by
other activity that has gone on to exert by effect of the closure or decrease of
activity.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 309.
Cessation of closure or decrease in activity
The employer must inform the workers whose activity is suspended from the cessation of the
closure or decrease in activity, and these shall resume the provision of
work.
Article 310.
Procedure in case of temporary closure by fact attributable to the employer
1-The temporary closure of company or establishment by fact attributable to the
employer, without this having started procedure with a view to dismissal
collective, dismissal by job extinction, the temporary reduction of the
Normal period of work or suspension of the contract of employment in crisis situation
business, or who does not consist of closure for a vacation, is governed by the provisions of the
following numbers.
2-For the purpose of the preceding paragraph, it is considered that there is temporary closure of
company or establishment by fact attributable to the employer whenever, by decision
of this, the activity cede to be exercised, or there is interdiction of access to places of work or
refusal of supply of work, conditions and working instruments, which determines
or it can determine the company or establishment shutdown.
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3-The employer informs the workers and the commission of workers or, failing that,
the intersindical commission or the union's union commissions, on the grounds, duration
foreseeable and consequences of closure, in advance not less than 15 days or,
being this invitationable, as soon as possible.
4-A committee of workers may issue opinion on the closure within 10
days.
5-Constituent counter-ordinance very serious the non-doleful violation of the provisions of paragraph 3.
Article 311.
Surety in case of temporary closure by fact attributable to the employer
1-In situation provided for in the previous article, the employer constitutes the surety that guarantees the
payment of consideration in mora, if they exist, of retributions regarding the period of
closure and compensation for dismissal, for employees
covered.
2-The employer is waived from providing collateral for compensation by
collective dismissal in the event of an express statement in this sense, in writing, of two
thirds of workers covered.
3-A The surety shall be used decorated 15 days after the non-payment of any
guaranteed benefit or, in the case of retribution in mora, after its constitution.
4-A collateral shall be strengthened proportionally in the event of increased retribution, of the
duration of the closure or its extension to another establishment of the company.
5-The scheme of the collateral for the exercise of the business of working business shall apply
temporary with respect to the following aspects:
a) Entity in favour of which it is constituted;
b) Form by which it is provided;
c) Proof of the non-payment of guaranteed benefits;
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d) Cessation and return.
6-Constitui counterordinance very serious the non-doleful violation of the provisions of the n.
or 4.
Article 312º
Prohibited acts in case of temporary closure
1-In the event of a temporary closure of a company or establishment referred to in
n Article 310 (1), the employer shall not:
a) Distribute profits or dividends, pay supplies and respective interest or amortize
quotas in any form;
(b) Remunerating members of the social bodies by any means, as a percentage higher than
pays the respective workers;
c) to purchase or sell shares or shares of their own to members of the social bodies;
(d) make payments to creditors not holders of warranty or privilege with preference
in relation to employee credits, unless such payments are intended to
allow the business of the company;
(e) making payments to workers who do not correspond to the prorated ratee of the amount
available, in the proportion of the respective reciprocations;
(f) carry out liberalities, whatever the title;
(g) waiving rights with an equity value;
(h) Concluding contracts of mutual benefit in the quality of lender;
i) Proceeding of treasury withdrawals to end the activity of the company.
2-A prohibition referred to in any of points (d) to g) of the preceding paragraph in
case of an express statement in this sense, in writing, of two-thirds of the employees
covered.
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Article 313.
Cancellability of act of provision
1-The act of disposition of the company's patrimony free of charge, practiced during the
temporary closure covered by Article 310 (1), is nullified on the initiative of
any interested or structure of collective representation of employees.
2-The provisions of the preceding paragraph shall apply to the company's act of disposition of heritage
the onerous title, practiced during the same period, if it results in diminishing the
equity guarantee of workers.
Article 314º
Extension of the scheme in the case of final closure
The scheme provided for in Articles 310 to 313 applies, with due adaptations, to
permanent closure of company or establishment that occurs without being started
procedure for collective dismissal or without being complied with the provisions of paragraph 4 of the
article 345.
Article 315.
Criminal liability in case of closure of company or establishment
1-The employer that terminates, temporarily or definitively, company or
establishment, in the event provided for in Article 310 or in the previous article, without having given
compliance with the provisions of Articles 310 and 311, is punishable by imprisonment up to two
years or a fine up to 240 days.
2-A violation of the provisions of Article 312 is punishable by imprisonment up to three years, without
injury to the most serious penalty applicable to the case.
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SUBSECTION IV
License without retribution
Article 316.
Concession and effects of leave without retribution
1-The employer may grant the employee, at the request of this, leave without retribution.
2-The worker is entitled to leave without consideration for duration of more than 60 days for
frequency of training course taught under responsibility of educational institution
or of vocational training, or in the specific program scope approved by
competent authority and executed under its pedagogical control, or for the frequency of
course taught in educational establishment.
3-In situation provided for in the preceding paragraph, the employer may refuse to grant the
license:
a) When, in the previous 24 months, the training worker has been provided
appropriate professional or licence for the same purpose;
b) In the case of an employee with seniority less than three years;
c) When the worker has not required the licence in the minimum advance of 90
days in relation to the date of its commencement;
d) When it addresses microenterprise or small business and is not possible to
proper replacement of the worker, if necessary;
e) In the event of a worker covered by Article 112 (1), when it is not possible to
your replacement without serious injury to the operation of the company.
4-A The licence determines the suspension of the contract of employment, with the effects provided for in
article 294.
5-Constitute counter-ordinance grave the violation of the provisions of paragraph 2.
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SUBSECTION V
Pre-reform
Article 317.
Notion of pre-reform
Pre-reform the situation of reduction or suspension of the provision of work is considered,
consisting of an agreement between employer and employee aged 55 or above
years, during which the latter is entitled to receive from the employer a pecuniary benefit
monthly, called pre-retirement.
Article 318.
Pre-reform agreement
The pre-reform agreement is subject to written form and must contain:
a) Identification, signatures and domicile or seat of the parties;
b) Start date of the pre-reform;
c) Mongering of the provision of pre-reform;
d) Organisation of the working time, in the case of reduction of the provision of work.
Article 319.
Provision of pre-retirement
1-The initial amount of the pre-retirement provision may not be higher than the consideration of the
worker on the date of the agreement, nor less than 25% of this or the consideration of the work, case
pre-reform consisted in the reduction of the provision of work.
2-Unless otherwise stipulated, the provision of pre-reform is updated annually in
percentage equal to that of the increase in consideration that the worker would benefit if
were in full exercise of duties or, if no such increase, at the rate of inflation.
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3-A The provision of pre-reform enjoys the guarantees of emerging worker credits
of contract of employment.
Article 320.
Rights of worker in pre-reform situation
1-The worker in a pre-retirement situation may engage in another professional activity
remunerated.
2-The pre-retirement agreement may ascribe to the employee other rights not arising
in the law.
3-In the event of a culpable lack of payment for the provision of pre-retirement or,
regardless of guilt, if the mora prolong itself for more than 30 days, the worker
is entitled to resume the full exercise of duties, without prejudice to seniority, or the
resolve the contract, with right to compensation pursuant to paragraphs 2 and 3 of the article
next.
Article 321.
Cessation of pre-reform
1-A pre-reform cessa:
a) With the retirement of the employee, by old age or disability;
b) With the return of the employee to the full exercise of duties, by agreement with the
employer or under the terms of paragraph 3 of the previous article;
c) With the termination of the contract of employment.
2-In the situation provided for in paragraph (c) of the preceding paragraph, in case the modality of cessation of the
contract of employment gave the right worker compensation or compensation if
be in the full exercise of duties, the one is entitled to compensation in the amount
of pre-retirement benefits up to the statutory age of retirement by old age.
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3-A The compensation referred to in the preceding paragraph shall be based on the amount of the provision of
pre-retirement on the date of termination of the employment contract.
CHAPTER VI
Failure to fulfil the contract
SECTION I
General provisions
Article 322.
General effects of non-compliance with the contract of employment
1-A part that fails culposefully to the fulfillment of your duties is responsible for the
injury caused to the counterparty.
2-The employer who fails culposely to the fulfillment of pecuniary benefits is
obliged to pay the corresponding interest of late payment at the statutory rate, or the higher rate
established in instrument of collective work regulation or agreement of the parties.
3-A lack of punctual payment of the retribution gives the worker the faculty of
suspend or terminate the contract, in the terms provided for in this Code.
Article 323.
Effects for the employer of lack of punctual payment of the consideration
1-A employer in situation of lack of punctual payment of retribution is applicable the
provisions of Article 312º.
2-The act of disposition of the patrimony of the company practiced in a situation of lack of
punctual payment of retributions, or in the previous six months, is nullified pursuant to the
article 313.
3-A violation of paragraph 1 is punished with imprisonment for up to three years, without penalty of penalty
more serious applicable to the case.
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SECTION II
Suspension of contract of work for non-payment punctual payment
Article 324.
Requirements of the suspension of contract work
1-In the case of lack of punctual payment of the consideration for 15-day period on the
date of maturity, the employee may suspend the employment contract, upon
communication in writing to the employer and the service with inspective competence of the
ministry responsible for the labour area, with the minimum advance of eight days in
relation to the start date of the suspension.
2-The worker may suspend the contract of employment before the period of
15 days referred to in the preceding paragraph, when the employer declares in writing that it provides for
that will not pay the consideration in debt until the expiry of that period.
3-A lack of punctual payment of the consideration for period of 15 days is declared, the
application by the employee, by the employer or, in the case of refusal, by the service referred to in para.
1, within five or 10 days, respectively.
4-A The declaration referred to in paragraph 2 or 3 shall specify the amount of the consideration in
debt and the period to which they respect.
5-Constitute counterordinance leads to violation of the provisions of paragraph 3.
Article 325.
Provision of work during suspension
The employee may engage in another paid activity during the suspension of the contract
of work, with respect to the duty of loyalty to the employer.
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Article 326.
Cessation of the suspension of the contract of employment
The suspension of the contract of employment basket:
a) Mediant communication of the worker, in accordance with Article 324º (1), of which it
term to suspension from a given date;
b) With the full payment of the consideration in debt and interest of late payment;
c) By agreement between worker and employer for regularization of the debt consideration
and late payment interest.
SECTION III
Disciplinary power
Article 327.
Disciplinary sanctions
1-In the exercise of disciplinary power, the employer may apply the following penalties:
a) Repreension;
b) registered Repreension;
c) pecuniary sanction;
d) Loss of vacation days;
e) Suspension of the work with loss of retribution and seniority;
f) Dismissal without compensation or compensation.
2-The instrument of collective labour regulation may provide for other sanctions
disciplinary, provided that they do not prejudice the rights and guarantees of the worker.
3-A The application of the sanctions shall respect the following limits:
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a) pecuniary penalties applied to the employee for offences practiced on the same day
cannot exceed one third of the daily consideration and, in each calendar year, the retribution
corresponding to 30 days;
b) The loss of vacation days may not bring the enjoyment of 20 working days into question;
c) The suspension of work shall not exceed 30 days for each offence and, in each year
civil, the total of 90 days.
4-Whenever they justify the special working conditions, the limits set out
in points (a) and (c) of the preceding paragraph may be high up to double by instrument of
collective labour regulations.
5-A The penalty may be aggravated by its disclosure within the company.
6-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 3 or 4.
Article 328.
Disciplinary procedure and prescription
1-The right to exercise the disciplinary power prescribes one year after the practice of the offence,
or within the limitation period of the criminal law if the fact constitutes an equally crime.
2-The disciplinary procedure shall start in the 60 days subsequent to the one in which the
employer, or the hierarchical superior with disciplinary competence, had knowledge of the
infringement.
3-The disciplinary power can be exercised directly by the employer, or by higher
hierarchical of the worker, in the terms established by the one.
4-Initiated the disciplinary procedure, the employer may suspend the worker if the
presence of this one if it shows inconvenience, keeping the payment of the retribution.
5-A disciplinary sanction may not be enforced without prior hearing of the worker.
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6-Without prejudice to the corresponding right of legal action, the employee may complain
to the rank hierarchically superior to the one that applied the sanction, or to resort to proceedings
of resolution of dispute when provided for in instrument of collective regulation of
work or in law.
7-Constitute counter-ordinance grave the violation of the provisions of paragraph 3.
Article 329.
Criterion for decision and application of disciplinary sanction
1-A disciplinary sanction shall be proportionate to the seriousness of the offence and the culpability of the
infractor, and may not apply more than one for the same offence.
2-A The application of the sanction shall take place in the three months subsequent to the decision, under penalty of
expiry.
3-The employer must deliver to the service responsible for the financial management of the
Social Security budget the amount of financial penalty imposed.
4-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 2 or 3.
Article 330.
Abusive sanctions
1-It is considered to be abusive to the disciplinary sanction motivated by the fact that the worker:
a) have complained legitimately against the working conditions;
b) If it refuses to comply with order to which it should not comply, in accordance with paragraph 1 (e)
and of Article 128 (2);
(c) Exercise or apply if to the exercise of functions in representation structure
collective of workers;
d) In general, exercise, have exercised, intend to exercise or invoke your rights or
guarantees.
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2-Presume-if abusive the dismissal or other sanction applied allegedly to punish
an offence, when it takes place:
a) Up to six months after any of the facts mentioned in the preceding paragraph;
b) Up to one year after complaint or other form of exercise of rights relating to
equality and non-discrimination.
3-The employer who applies abusive sanction shall indemnify the employee on the terms
general, with the constant changes of the following numbers.
4-In the event of dismissal, the employee is entitled to choose between reintegration and a
compensation calculated in accordance with Rule 390 (4).
5-In the event of a financial penalty or suspension of the work, the compensation shall not be
less than 10 times the importance of that or the lost retribution.
6-The employer who applies abusive sanction in the case provided for in paragraph 1 (c) shall
indemnify the worker on the following terms:
a) The minimums to which the preceding paragraph is concerned are high for double;
b) In the event of dismissal, the indemnity shall not be lower than the value of the consideration
basis and diuturnals corresponding to 12 months.
7-Constitute counter-ordinance serious the application of abusive sanction.
Article 331.
Registration of disciplinary sanctions
1-The employer must have an up-to-date record of the disciplinary sanctions, made by form
to easily allow the verification of compliance with the applicable provisions,
particularly on the part of the competent authorities requesting their consultation.
2-Constitute counterordinance leads to violation of the provisions of the previous number.
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SECTION IV
Guarantees of employee credits
Article 332.
Receivables
1-The claims of the emerging labour contract worker, or of their violation or
cessation enjoy the following receivables:
(a) Privilege general furnishings;
b) Special real estate privilege on the real estate of the employer in which the worker
provides its activity.
2-A The graduation of the credits is done by the following order:
a) Credit with general furnishing privilege is graduated before credit referred to in paragraph 1
of Article 747 of the Civil Code;
b) The credit with special real estate privilege is graduated before credit referred to in the
article 748 of the Civil and Credit Code relating to the contribution to social security.
Article 333.
Supportive liability of society in relation to reciprocal shareholdings, domain
or group
By emergent credit of contract of employment, or of your violation or cessation, won there are
more than three months, they jointly respond to the employer and society that with this se
find in relation to reciprocal, domain or group shareholdings, in the terms
provided for in articles 481 and following of the Code of Commercial Societies.
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Article 334.
Responsibility of partner, manager, administrator or director
1-The partner who, by himself or together with others to whom he is linked by agreements
parassociates, finds itself in one of the situations provided for in Article 83 of the Code of
Commercial Societies, responds in the terms of the previous article, provided that they check out the
assumptions of Articles 78, 79 and 83 of that diploma and the way in which they are established.
2-The manager, administrator or director responds in the terms provided for in the previous article,
provided that the assumptions of Articles 78 and 79 of the Code of Societies have been checked
Commercials and the mode in them established.
Article 335.
Wage Guarantee Fund
The payment of emerging contract worker credits from work contract, or from your
violation or cessation, which cannot be paid by the employer on the grounds of
insolvency or difficult economic situation, is ensured by the Salarial Guarantee Fund,
in the terms provided for in specific legislation.
SECTION V
Prescription and proof
Article 336.
Prescription and proof of credit
1-The credit of employer or emerging labour contract worker, from your
breach or cessation prescribed one year from the day following the one in which
has ceased the contract of employment.
2-The credit corresponding to compensation for violation of the right to vacation, compensation
by application of abusive sanction or payment of supplementary work, won there are more
of five years, it can only be proved by idoneo document.
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CHAPTER VII
Termination of employment contract
SECTION I
General provisions on termination of employment contract
Article 337.
Prohibition of dismissal without just cause
Dismissal without fair cause or for political or ideological motives is prohibited.
Article 338.
Imperativity of the termination scheme of the contract of employment
1-The regime established in this Chapter shall not be sidelined by instrument of
collective labour regulations or by contract of employment, unless the provisions of the
the following numbers or in another legal provision.
2-The criteria for the definition of compensation, the time limits of procedure and notice
prior enshrined in this chapter can be regulated by instrument of
collective labour regulations.
3-The values of compensation may, within the limits of this Code, be regulated
by instrument of collective work regulation.
Article 339.
Modalities of termination of the contract of employment
In addition to other legally foreseen modalities, the employment contract may cease
by:
a) Caducity;
(b) Repeal;
c) Dismissal by fact attributable to the worker;
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d) collective dismissal;
e) Dismissal for extinction of job posting;
f) Despediment by inadaptation;
g) Resolution by the worker;
h) Denpronunciation by the worker.
Article 340.
Documents to be delivered to the worker
1-Cessaying the employment contract, the employer must deliver to the worker:
a) A work certificate, indicating the dates of admission and cessation, as well as the
job title or positions;
b) Other documents intended for official purposes, specifically those provided for in the legislation
of social security, which should issue upon request.
2-The work certificate may only contain other references at the request of the employee.
3-Constitute counterordinance leads to violation of the provisions of this article.
Article 341.
Return of working instruments
By ceasing the contract of employment, the worker must return to the
employer the working instruments and any other objects belonging to this,
under penalty of incurryto civil liability for the damage caused.
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SECTION II
Expiry of contract of employment
Article 342.
Causes of expiry of contract work
The contract of employment shall lapse in the general terms, namely:
a) Verifying your term;
b) By supervenient impossibility, absolute and final, of the worker to provide his /
work or from the employer to receive it;
c) With the retirement of the worker, by old age or disability.
Article 343.
Expiry of fixed-term employment contract
1-The contract of employment at the right term shall lapse at the end of the stipulated time limit, or of its
renewal, provided that the employer or the employee communicates to the other party at will
of making it cease, in writing, respectively, 15 or eight days before the deadline expires.
2-In case of expiry of contract the right term arising from the declaration of the
employer, the employee is entitled to compensation corresponding to three or two days
of base retribution and diuturnals for each month of contract duration, depending on this
do not exceed or exceed six months, respectively.
3-A part of the compensation for the month fraction of the duration of the contract is calculated
proportionally.
4-Constitute counter-ordinance grave the violation of the provisions of paragraph 2.
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Article 344.
Expiry of contract of employment contract to be uncertain
1-The contract of employment at the uncertain term lapses when, predicting the occurrence of the
term, the employer communicates the cessation of the same to the worker, in advance
minimum of seven, 30 or 60 days as per the contract lasted for up to six months, of six
months to two years or by higher period.
2-Addressing the situation provided for in point (e) or (h) of Article 140 (2) giving way
to the hiring of several employees, the communication referred to in the preceding paragraph
must be made, successively, from the verification of the gradual decrease of the respective
occupation, as a result of the normal reduction of activity, task or work for which
have been hired.
3-In the absence of the communication referred to in paragraph 1, the employer must pay the
worker the value of the retribution corresponding to the missing prior notice period.
4-In the event of an expiry of contract to an uncertain term, the employee is entitled to
compensation calculated under the terms of paragraphs 2 and 3 of the preceding Article.
5-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 345.
Death of employer, extinction of legal person or closure of company
1-A death of employer in individual name makes expiry of the contract of employment on the date
of the closure of the company, save if the successor of the deceased continues the activity to
that the worker finds himself engaged, or whether to check the transmission of the company or
establishment.
2-A The extinction of the employing collective person, when not the transmission of the
company or establishment, determines the expiry of the contract of employment.
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3-The total and final closure of the company determines the expiry of the contract of
work, and should, should the number of workers correspond to the notion of
collective dismissal, following the procedure laid down in Articles 359 and below,
with the necessary adaptations.
4-Checking the expiry of the contract in the event provided for in one of the preceding paragraphs,
the employee is entitled to the compensation calculated in accordance with Article 365, by which
responds the heritage of the company.
5-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 346.
Insolvency and company recovery
1-A The employer's insolvency court statement does not cease the contract of
work, and the insolvency administrator shall continue to fully meet the
obligations to employees as long as the establishment is definitely not
closed.
2-Before the final closure of the establishment, the administrator of insolvency
may make cessation of the contract of worker work whose collaboration is not
indispensable to the operation of the company.
3-A cessation of employment contracts arising from the closure of the establishment or
carried out pursuant to paragraph 2, which covers workers in number corresponding to that of the
notion of collective dismissal, must be antecedents of procedure provided for in the
articles 359 and following, with the necessary adaptations.
4-The provisions of the preceding paragraph shall apply in the event of insolvency proceedings that may
determine the closure of the establishment.
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Article 347.
Conversion into contract to term after retirement by old age or age of 70 years
1-It is considered to be the term the contract of employment of the employee who remains at the service
decorated 30 days on the knowledge, by both parties, of their retirement by old age.
2-In the case provided for in the preceding paragraph, the contract shall be subject to the scheme defined in this
Code for the contract on a resolute term, with the necessary adaptations and the following
specificities:
a) the reduction of the written contract is waived;
b) The contract beams for the period of six months, renewing itself for equal periods and
successive, without subjection to maximum limits;
c) The expiry of the contract shall be subject to prior notice of 60 or 15 days, depending on
initiative belonging to the employer or the employee;
d) The expiry does not determine the payment of any compensation to the worker.
3-The provisions of the preceding paragraphs shall apply to contract of work of worker
that reaches 70 years of age without there having been reform.
SECTION III
Revocation of contract of employment
Article 348.
Termination of contract of employment by agreement
1-The employer and the employee can make termination of the contract of employment by agreement.
2-The revocation agreement must appear in a document signed by both parties,
getting each with an exemplar.
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3-The document shall expressly mention the date of conclusion of the agreement and that of
start of production of the respective effects.
4-The parties may concurrently agree on other effects, within the limits of the law.
5-If, in the agreement or jointly with this, the parties establish a compensation
global pecuniary for the worker, it is presumed that this includes the credits due to date
of the cessation of the contract or demanded by virtue of this.
6-Constitute counterordinance leads to violation of the provisions of the n. ºs 2 or 3.
Article 349.
Cessation of the revocation agreement
1-The worker can make cessation of the agreement of revocation of the contract of employment
upon written communication addressed to the employer, up to the seventh day following the date of the
respective celebration.
2-The worker, if he cannot secure the receipt of the communication within the specified time
in the preceding paragraph, you must remetallate it by registered letter with acknowledview of receipt, on the working day
subsequent to the end of the deadline.
3-A cessation provided for in paragraph 1 is only effective if, at the same time with the communication, the
worker deliver or puser, by any form, at the disposal of the employer to
the totality of the amount of pecuniary compensations paid in fulfilment of the agreement,
or by effect of termination of the contract of employment.
4-Except for the provisions of the preceding paragraphs the revocation agreement duly
dated and whose signatures are the subject of presential notarial recognition, in the terms
of the law.
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SECTION IV
Dismissal on the initiative of the employer
SUBSECTION I
Modalities of dismissal
DIVISION I
Dismissal on a fact attributable to the worker
Article 350.
Notion of fair cause of dismissal
1-Constitui fair cause of dismissal the culpable behavior of the worker who,
by its gravity and consequences, make it immediate and practically impossible to subsistence
of the working relationship.
2-Constituting, inter alia, fair cause of dismissal the following behaviours
of the worker:
a) illegitimate disobedience to the orders given by hierarchically superior persons;
b) Violation of rights and guarantees of employees of the company;
c) Repeated provocation of conflicts with employees of the company;
d) repeated disinterest in compliance, with due diligence, of obligations
inherent in the exercise of the office or job to which it is allocated;
e) Laughtsman of serious heritage interests of the company;
f) False statements regarding the justification of faults;
g) Faltas not justified to work that directly determine damage or risk
serious for the company, or whose number reaches, in each calendar year, five followed or 10
interpolated, regardless of injury or risk;
h) Fhigh culposon of observance of safety and health rules at work;
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i) Practice, within the framework of the company, of physical violence, injurors or other punishable offenses
by law on company worker, element of social bodies or employer
individual not belonging to these, their delegates or representatives;
j) Sequestro or in general crime against the freedom of the persons referred to in the preceding paragraph;
l) Incompliance or opposition to compliance with judicial or administrative decision;
m) Abnormal productivity reductions.
3-In the assessment of the just cause, it shall be met, in the company's management framework, to the degree
of injury to the interests of the employer, to the character of the relations between the parties or between the
worker and his / her companions and the other circumstances that in the case are
relevant.
Article 351.
Prior survey
Should the prior procedure of inquiry be necessary to substantiate the bill of guilt,
your start interrupts the counting of the deadlines set out in paragraphs 1 or 2 of the article
328., as long as it occurs in the 30 days following the suspicion of irregular behaviours, the
procedure be conducted diligently and the guilty note is notified by 30
days after the completion of the same.
Article 352.
Note of guilt
1-In the case where any such behaviour is likely to constitute a fair cause
of dismissal, the employer communicates, in writing, to the employee who has
practiced the intention to proceed to his dismissal by joining with a note of guilt with the
circumstantial description of the facts that are charged to it.
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2-On the same date, the employer refers copies of the communication and the note of guilt to the
commission of workers and, should the employee be union representative, to the association
trade union respective.
3-A notification of the bill of guilt to the worker interrupts the time count
set out in Article 328 (1) or (2).
4-Constitute counterordinance serious, or very serious in the case of union representative, the
dismissal of worker with violation of the provisions of the n. ºs 1 or 2.
Article 353.
Preventive suspension of worker
1-With the notification of the bill of guilt, the employer may preemptively suspend the
worker whose presence in the company shows itself to be inconvenient by keeping the payment from the
retribution.
2-A suspension referred to in the preceding paragraph may be determined in the 30 days
previous to the notification, provided that the employer justifies, in writing, that, having in
account for evidence of facts attributable to the worker, the presence of this in the company is
inconvenience, particularly for the fact-finding of such facts, and which has not yet been
possible to draw up the bill of guilt.
Article 354.
Response to the note of guilt
1-The worker has 10 working days to consult the process and respond to the note of
guilt by deducting in writing the elements that it considers relevant to clarify the
facts and their participation in them, and may piece together documents and request the
probatory representations that show pertinent to the clarification of the truth.
2-Constitute counterordinance serious, or very serious in the case of union representative, the
dismissal of worker with violation of the provisions of the preceding paragraph.
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Article 355.
Instruction
1-It is up to the employer to decide the realization of the required probatory representations in the
response to the bill of guilt.
2-If the dismissal respects the pregnant worker, puerpera or lactating or the
worker in the enjoyment of parental leave, the employer, by you or through instructor
which has appointed, must carry out the required probatory representations in the response to the note
of guilt, unless it considers them to be patently dilatory or impertinent, owing
in this case alleging it substantially in writing.
3-When there is place to the instruction required by the worker, the employer is not
thank you to the hearing of more than three witnesses for each fact described in the
note of guilt, not more than 10 in total.
4-The worker shall ensure the comparisons of the witnesses to indicate.
5-Upon receipt of the response to the bill of guilt or the completion of the representations
probattories, the employer presents full copy of the process to the commission of
workers and, should the employee be union representative, to the trade union association
respective, which may, within five working days, bring the process together
reasoned opinion.
6-For the purpose of the previous number, the employee can communicate to the employer, in the
three working days later than the receipt of the guilty note, which the opinion on the process is
issued by certain trade union association, not in this case place a
presentation of copy of the process to the committee of workers.
7-Constitute counterordinance serious, or very serious in the case of union representative,
the dismissal of a worker with violation of the provisions of the n. ºs 2, 5 or 6.
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Article 356.
Decision of dismissal by fact attributable to the employee
1-Received the opinions referred to in paragraph 5 of the preceding Article or the deadline
for the purpose, the employer has 30 days to profer the dismissal decision,
under penalty of lapse of the right to apply the sanction.
2-When there is no commission of workers and the worker is not representative
trade union, the time limit referred to in the preceding paragraph shall be taken from the date of completion of the
last due diligence of instruction.
3-If the employer chooses not to carry out the probatory representations required by the
worker, the decision can only be taken after decorations five working days after the
receipt of the opinions of the employees ' representatives, or the course of the period
for the purpose or, in case there is no commission of workers and the worker is not
trade union representative, upon receipt of the response to the bill of guilt or the course of the
deadline for this effect.
4-In the decision are considered the circumstances of the case, particularly those referred to in
Article 350 (3), the suitability of dismissal to the culpability of the worker and the
opinions of the employees ' representatives, and no facts may be relied on
constants of the guilt note or the worker's response, save if they attenuate the
responsibility.
5-A The decision must be substantiated and appear in a written document.
6-A The decision is communicated, by copy or transcription, to the employee, to the commission of
workers, or the respective trade union association, should that be trade union representative
or in the situation referred to in paragraph 6 of the preceding Article.
7-A The decision determines the termination of the contract as soon as it comes to the power of the worker or
is his known or, yet, when only for the fault of the worker was it not for him
opportunely received.
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8-Constitute counterordinance serious, or very serious in the case of union representative, the
dismissal of worker with violation of the provisions of this article.
Article 357.
Procedure in case of microenterprise
1-In the procedure of dismissal in microenterprise, should the employee not be
member of committee of workers or trade union representative, are waived the
formalities laid down in Article 352 (2), paragraph 5 of Article 355 and paragraphs 1, 2, 3 and 6
of the preceding Article, the provisions of the following paragraphs being applicable.
2-In the weighting and statement of reasons for the decision, the provisions of paragraph 4 of the article shall apply
previous, with the exception of the reference to opinions of representatives of employees.
3-The employer may prefer the decision within the following deadlines:
a) If the employee does not respond to the guilty note, 30 days from the term of the deadline
for response to the same;
b) Case carries out the probate representations required by the worker, 30 days from the
completion of the last due diligence;
c) Case chooses not to carry out the probatory representations required by the worker,
decorations five working days after receipt of the answer to the guilty note, and up to 30 days
after this date.
4-If the employer does not provide the decision until the expiry of the period referred to in any of the
points from the previous paragraph, the right to apply the penalty shall lapse.
5-A The decision is communicated, by copy or transcription, to the worker.
6-Constitute counter-ordinance grave the violation of the provisions of the n. s 2, 3 or 5.
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DIVISION II
Collective dismissal
Article 358.
Notion of collective dismissal
1-It is considered collective dismissal the cessation of promotional work contracts
by the employer and operated concurrent or successively in the period of three months,
spanning at least two or five employees, as they are respectively treated,
of microenterprise or small business, on the one hand, or of medium or large enterprise,
on the other, whenever that occurrence gives way to closure of one or several sections
or equivalent structure or the reduction of the number of workers and be determined by
market, structural or technological reasons.
2-For the purposes of the provisions of the preceding paragraph shall be considered, inter alia:
a) Market Reasons, those consisting in the foreseeable decrease in demand for goods or
services or in the supervenient impossibility, legal or de facto, of placing these in the
market, causing a reduction in the business of the company;
b) Structural motives, those consisting of economic-financial imbalance, change
of activity, restructuring of the productive organization or replacement of products
dominant;
c) Technological reasons, those consisting in alteration of techniques or processes of
manufacturing, automation of production instruments, control or handling of loads,
as well as computerization of services or automation of means of communication.
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Article 359.
Communications in the event of collective dismissal
1-The employer who intends to carry out a collective dismissal communicates that
intention, in writing, to the committee of workers or, failing that, to the intersindical commission
or to the union commissions of the company representative of the employees to be covered.
2-From the communication referred to in the preceding paragraph shall appear:
a) the grounds relied on for the collective dismissal;
b) the framework of personnel, broken down by organizational sectors of the company;
c) The criteria for selection of employees to be fired;
d) the number of employees to be fired and the professional categories covered;
e) the period of time in the course of which the dismissal is intended to be carried out;
f) The method of calculation of compensation to be granted generically to workers to
saying goodbye, if any, without prejudice to the compensation set out in Article 365 or
in instrument of collective work regulation.
3-In the absence of the entities referred to in paragraph 1, the employer communicates the intention of
proceed to the dismissal, in writing, to each of the employees who may be
covered, which they may designate, from among them, within five working days of the
reception of the communication, a representative commission with the maximum of three or five
members depending on the dismissal covers up to five or more employees.
4-In the case provided for in the preceding paragraph, the employer sends to the committee in this said the
elements of information discriminated against in paragraph 2.
5-The employer, on the date on which it carries out the communication provided for in paragraph 1 or in the number
previous, send copy of the same to the service of the ministry responsible for the labour area with
competence for the monitoring and fostering of collective contracting.
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6-Constitute counterordinate serious dismissal carried out with violation of the provisions
in the n. paragraphs 1, 2, 3 or 4.
Article 360.
Information and negotiation in the event of collective dismissal
1-In the five days after the date of the act provided for in the s n. s 1 or 4 of the previous article,
the employer promotes a phase of information and negotiation with the structure
representative of workers, with a view to agreement on the size and effects of the
measures to be implemented and, as well, of other measures that reduce the number of
employees to say goodbye, specifically:
a) Suspension of employment contracts;
b) Reduction of normal periods of work;
c) Reconversion or professional reclassification;
d) Early retirement or pre-reform.
2-A measure application provided for in point (a) or (b) of the previous number to workers
covered by the procedure for collective dismissal is not subject to the provisions of the
articles 298 and 299.
3-A The application of measure provided for in paragraph (c) or (d) of paragraph 1 depends on the agreement of the
worker.
4-Employer and representative structure of workers can make themselves watch
each of which by an expert in the negotiation meetings.
5-The minutes of the negotiating meetings shall be drawn up, containing the agreed matter, well
as the divergent positions of the parties and the opinions, suggestions and proposals of each.
6-Constitute counterordinate serious dismissal carried out with violation of the provisions
in the n. ºs 1 or 3.
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Article 361.
Intervention of the ministry responsible for the labour area
1-The competent department of the ministry responsible for the labour area participates in the
negotiation provided for in the previous article, with a view to promoting the regularity of its
substantive and procedural instruction and the reconciliation of the interests of the parties.
2-The service referred to in the preceding paragraph, if there is any irregularity of the instruction
substantive and procedurance, should warn the employer and, if the same persists, should do
record that mention of the minutes of the negotiation meetings.
3-A request from either party or on the initiative of the service referred to in the number
previous, the regional services of employment and vocational training and social security
indicate the measures to be implemented, in their respective areas, in accordance with the legal framework
of the solutions that are adopted.
4-Constitute counterordinance takes the impediment to the participation of the competent service
in the negotiation referred to in paragraph 1.
Article 362.
Decision for collective dismissal
1-Concluded the agreement or, in the absence of this, after having elapsed 15 days on the practice of the
act referred to in Article 359 (1) or (4) or, in the absence of representatives of the
workers, from the communication referred to in paragraph 3 of the same article, the employer communicates
to each employee covered the dismissal decision, with express mention of the reason
and of the date of termination of the contract and indication of the amount, form, moment and place of
payment of compensation, overdue credits and those required by the effect of cessation
of the contract of employment, in writing and in minimum advance, regarding the date of
cessation, of:
a) 15 days, in the case of an employee with seniority less than one year;
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b) 30 days, in the case of an employee with seniority equal to or more than one year and lower than
five years;
c) 60 days, in the case of worker with seniority equal to or more than five years and lower
to 10 years;
d) 75 days, in the case of worker with seniority equal to or above 10 years.
2-On the date on which it sends the communication to employees, the employer refers:
a) To the competent department of the ministry responsible for the labour area, the minutes of the meetings
of negotiation or, in their absence, information on the justification of such a lack, the reasons that
have dogged the agreement and the final positions of the parties, as well as the relationship of which it is conspicting the
name of each worker, abode, dates of birth and admission to the company,
situation in the face of social security, profession, category, retribution, the decided measure and the
target date for its application;
b) To the representative structure of employees, copy of the relationship referred to in the preceding paragraph.
3-Not being observed the minimum advance notice period, the contract basket decorations 60
days from dismissal communication, owing the employer to pay the retribution
corresponding to this period.
4-The payment of the compensation, the overdue credits and the required by the effect of the
termination of the contract of employment shall be carried out until the expiry of the notice period,
saved in a situation provided for in Article 346 or regulated in special legislation on
recovery of companies and restructuring of economic sectors.
5-Constitute counterordinate serious dismissal carried out with violation of the provisions
in paragraphs 1 or 4 and constitute mild counterordinance to the violation of the provisions of paragraph 2.
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Article 363.
Credit of hours during the advance notice
1-During the advance notice period, the employee is entitled to a credit of hours
corresponding to two days of work per week, without prejudice to the retribution.
2-The credit of hours can be divided by some or every day of the week, by
initiative of the worker.
3-The worker must report to the employer the use of the credit of hours, with three
days in advance save reason serviceable.
4-Constitute counterordinance leads to violation of the provisions of this article.
Article 364.
Denunciation of the contract by the employee during the prior notice
During the advance notice period, the employee may report the contract of employment,
upon statement with the minimum advance of three working days, while maintaining the right to
compensation.
Article 365.
Compensation for collective dismissal
1-In the event of a collective dismissal, the employee is entitled to compensation
corresponding to one month of base retribution and diuturnals for each full year of
seniority.
2-In the event of a fraction of a year, the compensation is calculated proportionally.
3-A compensation may not be less than three months of base retribution and diuturnals.
4-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 2.
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DIVISION III
Dismissal for extinction of job posting
Article 366.
Notion of dismissal for extinction of job posting
1-It is considered dismissal for the extinction of the job posting a cessation of contract of
work promoted by the employer and substantiated in that extinction, when this is
due to market, structural or technological grounds.
2-Understand for market, structural or technological reasons as such as such
in Article 358 (2).
Article 367.
Requirements for dismissal for extinction of job posting
1-Dismissal for job extinction can only take place as long as it is
check the following requirements:
a) The reasons stated are not due to the culpable conduct of the employer or the
worker;
b) It is practically impossible for the livelihood of the working relationship;
c) There are no, in the company, fixed-term employment contracts for tasks corresponding to the
of the extinct post;
d) The collective dismissal shall not be applicable.
2-Havendo in the section or equivalent structure a plurality of outposts of
identical functional content, for realization of the outpost to be extinguished, the
employer must observe, by reference to the respective holders, the following order of
criteria:
a) Minor seniority in the job posting;
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b) Minor seniority in the professional category;
c) lower class of the same professional category;
d) Minor seniority in the company.
3-The worker who, in the three months prior to the beginning of the procedure for
dismissal, has been transferred to post of work that comes extinct, has
right to be reallocated to the previous post if it still exists, with the same
base retribution.
4-For the purpose of paragraph 1 (b), once the outpost is extinguished, it is deemed that
the livelihood of the employment relationship is practically impossible when the employer does not
has another compatible with the professional category of the worker.
5-Dismissal for extinction of the outpost can only take place as long as, until the
term of the prior notice period, be put at the disposal of the employee the compensation
due, as well as the overdue credits and the required by effect of the termination of the contract of
work.
6-Constitute counter-ordinance serious dismissal with violation of the provisions of the n. ºs 1,
2 or 3.
Article 368.
Communications in the event of dismissal for extinction of job posting
1-In the case of dismissal for extinction of job posting, the employer communicates,
in writing, to the committee of workers or, failing that, to the intersindical commission or
trade union committee, the worker involved and yet, should this be trade union representative, to the
respective trade union association:
a) The need to extinguish the job posting, stating the justifiable reasons and the
section or equivalent unit to which you respect;
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b) The need to fire the worker affection for the job to be extinguished and his / her
professional category.
2-Constitute counterordinate serious dismissal carried out with violation of the provisions
in the previous number.
Article 369.
Consultations in the event of dismissal by job extinction
1-In the 10 days after the communication provided for in the previous article, the structure
representative of the workers, the worker involved and yet, should this be
trade union representative, the respective trade union association may transmit to the employer the
its reasoned opinion, particularly on the grounds relied on, the requirements
provided for in Article 367 (1) or the priorities referred to in paragraph 2 of the same article,
as well as the alternatives that allow to mitigate the effects of dismissal.
2-Any entity referred to in the preceding paragraph may, in the three working days after the
communication from the employer, request the service with inspective competence of the
ministry responsible for the labour area to check the requirements set out in points (c)
and (d) of paragraph 1 and in Article 367 (2), informing simultaneously of the fact the
employer.
3-The service referred to in the preceding paragraph prepares and sends to the applicant and the
employer report on the matter subject to verification, within seven days after the
receipt of the application.
Article 370.
Decision of dismissal for extinction of job posting
1-Decorrids five days from the expiry of the period provided for in paragraph 1 of the preceding Article,
or, where appropriate, counting from the receipt of the report referred to in paragraph 3 of the same
article or of the term of the deadline for your submission, the employer may proceed to
dismissal.
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2-A The dismissal decision is delivered in writing, from it by constying:
a) Motive of the extinction of the job posting;
b) Acknowledgement of the requirements set out in Article 367 (1), with mention, being
of this, of the refusal of alternative proposal to the worker;
c) Proof of the application of the priorities criterion, if there has been opposition to it;
d) Mongering, form, moment and place of the payment of compensation and credits
losers and those required by the effect of termination of the employment contract;
e) Date of termination of the contract.
3-The employer communicates the decision, by copy or transcription, to the worker, to the
entities referred to in Article 368 (1) and, as well, to the service with competence
inspective of the ministry responsible for the labour area, in advance minimum,
regarding the date of the cessation, of:
a) 15 days, in the case of an employee with seniority less than one year;
b) 30 days, in the case of an employee with seniority equal to or more than one year and lower than
five years;
c) 60 days, in the case of worker with seniority equal to or more than five years and lower
to 10 years;
d) 75 days, in the case of worker with seniority equal to or above 10 years.
4-The payment of the compensation, the overdue credits and the required by the effect of the
termination of the contract of employment shall be carried out by the end of the notice period.
5-Constitute counterordinate serious dismissal carried out with violation of the provisions
in paragraphs 1 or 2 or the prior notice referred to in paragraph 3, and constitute mild counterordinance to
violation of the provisions of paragraph 3.
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Article 371.
Worker rights in case of dismissal by job extinction
The worker fired by the extinction of the job posting applies the provisions of paragraph 3 of the
article 362 and in articles 363 to 365.
DIVISION IV
Dismissal for inadaptation
Article 372.
Notion of dismissal for inadaptation
Dismissal is deemed to be dismissal for inadaptation to termination of contract of employment promoted
by the employer and grounded in supervenient inadaptation of the worker to the post
of work.
Article 373.
Situations of inadaptation
1-A the inadaptation occurs in any of the situations provided for in the following points,
when, being determined by the mode of exercise of the worker's functions, make
practically impossible the livelihood of the working relationship:
a) continued reduction of productivity or quality;
b) repeated Avarias in the means allocated to the outpost;
c) Risks for the safety and health of the worker, other workers or third parties.
2-Checks still inadaptation of worker affection for technical complexity or
of direction when they do not meet the previously agreed, in writing purposes, in
consequence of its mode of exercise of functions and is practically impossible to
subsistence of the working relationship.
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Article 374.
Requirements for dismissal by inadaptation
1-The dismissal for inadaptation in situation referred to in paragraph 1 of the previous article only
may take place as long as, cumulatively, if you check the following requirements:
a) Tenham were made modifications to the post of work resulting from changes
in manufacturing or marketing processes, new technologies or equipment
based on different or more complex technology, in the six months prior to the start of the
procedure;
b) Have been imparted appropriate professional training to the modifications of the post of
work, under pedagogical control of the competent authority or trainer entity
certified;
c) Have been provided to the employee, after the training, a period of adjustment of, by the
less, 30 days, at the job posting, or outside of it whenever the exercise of functions
in that post is likely to cause damage or risks to the safety and health of the
worker, other workers or third parties;
d) Do not exist in the company other outpost available and compatible with
professional qualification of the worker;
e) The situation of inadaptation does not decorates lack of safety and health conditions in the
work attributable to the employer.
2-The worker who, in the three months prior to the beginning of the procedure for
dismissal, has been transferred to post of work that comes extinct, has
right to be reallocated to the previous post if it still exists, with the same
base retribution.
3-The dismissal for inadaptation in situation referred to in paragraph 2 of the previous article only
may take place as long as the requirement referred to in paragraph 1 (e) is met and, as yet,
there has been introduction of new manufacturing processes, new technologies or
equipment based on different or more complex technology, which implies
modification of the duties concerning the job posting.
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4-Dismissal can only take place as long as it is put at the disposal of the worker to
compensation due.
5-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 375.
Communications in the event of dismissal by inadaptation
1-In the case of dismissal by inadaptation, the employer communicates, in writing, to the
commission of workers or, in their absence, to the interunion commission or union commission,
to the employee and, should this be trade union representative, to the respective trade union association:
a) The need to make a cessation of the contract of employment, stating the reasons
justifications;
b) The modifications made to the job and the results of the training
professional and the adjustment period in accordance with points (a) to (c) No 1 of the
previous article;
c) The non-existence in the company of another outpost available and compatible with
professional qualification of the employee in accordance with point (d) of paragraph 1 of the article
previous.
2-Constitute counterordinate serious dismissal carried out with violation of the provisions
in this article.
Article 376.
Consultations in the event of dismissal for inadaptation
In the 10 days after the communication provided for in the previous article, the structure
representative of the workers, the worker involved and yet, should this be
trade union representative, the respective trade union association may transmit to the employer the
its reasoned opinion, particularly on the justifiable reasons of the
dismissal, and may still the employee to present the means of proof that he or she considers
pertinent.
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Article 377.
Decision of dismissal for inadaptation
1-Decorrids five days on the expiry of the period referred to in paragraph 1 of the preceding Article,
the employer may proceed to the dismissal, upon reasoned decision and by
written of which they build:
a) Motive of termination of the contract of employment;
b) Acknowledgement of the requirements set out in Article 374, with mention, being the case, of the
refusal of alternative proposal to the worker;
c) Mongering, form, moment and place of the payment of compensation and credits
losers and those required by the effect of termination of the employment contract;
d) Date of termination of the contract.
2-The employer communicates the decision, by copy or transcription, to the worker, to the
entities referred to in Article 375 (1) and, as well, to the service with competence
inspective of the ministry responsible for the labour area, in advance minimum,
regarding the date of the cessation, of:
a) 15 days, in the case of an employee with seniority less than one year;
b) 30 days, in the case of an employee with seniority equal to or more than one year and lower than
five years;
c) 60 days, in the case of worker with seniority equal to or more than five years and lower
to 10 years;
d) 75 days, in the case of worker with seniority equal to or above 10 years.
3-Constitute counterordinate serious dismissal carried out with violation of the provisions
in paragraph 1 or the prior notice referred to in paragraph 2, and constitutes counterordinate mild the violation
of the provisions of paragraph 2, with respect to the lack of communication to the entities and the service in it
referred to.
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Article 378.
Worker rights in the event of dismissal for inadaptation
The worker fired for inadaptation applies to the provisions of Article 362 (3) and in the
articles 363 to 365.
Article 379.
Maintenance of the level of employment
1-In the 90 days following dismissal for inadaptation, the
maintenance of the level of employment in the company, by means of admission or transfer of
worker in the course of procedure tendon to dismissal by fact that does not
be attributable.
2-In the event of non-compliance with the provisions of the preceding paragraph, the service with
inspective competence of the ministry responsible for the labour area notifies the employer
to ensure the maintenance of the level of employment, within no more than 30 days.
3-Constitute counterordinate serious dismissal carried out with violation of the provisions
in paragraphs 1 or 2, the violation of the n. 2 punishable with double the fine.
SUBSECTION II
Ilicitude of dismissal
Article 380.
General fundamentals of ilicitude of dismissal
Without prejudice to the provisions of the following articles or in specific legislation, the dismissal
on the initiative of the employer is illicit:
a) If it is due to political, ideological, ethnic, or religious motives, albeit with
invocation of a diverse motive;
b) If the justifying reason for the dismissal is declared unintendant;
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c) If it is not preceded by the respective procedure;
d) In case of pregnant worker, puerpera or lactating or worker during the enjoyment
of initial parental leave, in any of its modalities, if you are not asked for the
prior opinion of the competent entity in the area of equal opportunities between
men and women.
Article 381.
Ilicitude of dismissal by fact attributable to the worker
1-The dismissal by fact attributable to the employee is still illicit if he is delivered after
the expiry of any of the time limits set out in Article 328 (1) or (2), or if the
respective procedure is invalid.
2-The procedure is invalid if:
a) Speak the note of guilt, or if this is not written or does not contain the description
circumstantial of the facts imputed to the worker;
b) Failing the communication of the dismissal intention joins the note of guilt;
c) You have not been respected the right of the employee to consult the process or the
respond to the bill of guilt or, still, the deadline for response to the bill of guilt;
d) Communication to the employee of the dismissal decision and of its
grounds is not made in writing, or is not elaborated in the terms of the
(4) Article 356 (2) or Article 357 (2).
Article 382.
Ilicitude of collective dismissal
The collective dismissal is still illicit if the employer:
a) It has not made the communication provided for in Article 359 (1) or (4) or promoted to
negotiation provided for in Article 360 (1);
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b) Tiver applied discriminative criterion in the selection of workers to be fired;
c) I have not observed the deadline to decide the dismissal, referred to in Article 1 (1)
362.
d) It has not put at the disposal of the fired worker, until the expiry of the notice period
prior, the compensation referred to in Article 365 and the credits won or required in
virtue of termination of the contract of employment, without prejudice to the provisions of the final part of the n.
4 of Article 362º.
Article 383.
Ilicitude of dismissal for extinction of job posting
Dismissal for extinction of job posting is still illicit if the employer:
(a) failing to comply with the requirements of Article 367 (1);
b) Do not comply with the criteria for the delivery of jobs to be extinguished
referred to in Article 367 (2);
c) You have not made the communications provided for in Article 368;
d) It has not placed at the disposal of the fired worker, until the expiry of the term
of prior notice, the compensation referred to in Article 365 by remission of the
article 371 and credits won or required by virtue of termination of the contract
of work.
Article 384.
Ilicitude of dismissal by inadaptation
The dismissal for inadaptation is still illicit if the employer:
(a) failing to comply with the requirements of Article 374 (1);
b) It has not made the communications provided for in Article 375;
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c) It has not put at the disposal of the fired worker, until the expiry of the notice period
prior, the compensation referred to in Article 365 by remission of Article 378 and the
credits won or required by virtue of termination of the employment contract.
Article 385.
Suspension of dismissal
The employee may apply for the preventive suspension of the dismissal, within five
working days from the date of receipt of the communication of dismissal, upon
cautionary providence regulated in the Labor Process Code.
Article 386.
Judicial appreciation of the liceness of dismissal
1-A ilicitude of dismissal can only be declared by judicial court.
2-A Judicial action must be brought within 60 days, counted from the reception of the
communication of dismissal.
3-In the action of judicial appreciation of the liceness of dismissal, the employer only can
invoke facts and grounds set out in the dismissal decision communicated to the
worker.
4-Without prejudice to the appreciation of formal vices, the court must always pronounce
on the verification and provenance of the grounds relied upon for the dismissal.
Article 387.
Effects of ilicitude of dismissal
1-Being the dismissal declared illicit, the employer is convicted:
a) To indemnify the worker for all damage caused, patrimonial and not
heritage;
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b) On the reintegration of the worker in the same establishment of the company, without
prejudice to its category and seniority, save in the cases provided for in the articles
389. and 390.
2-In the case of mere wrongdoing founded on a disability of procedure that does not
determine the ilicitude of the dismissal, if they are declared proceeded the grounds
justifications invoked for dismissal, the employee is only entitled to
compensation corresponding to half of the value that would result from the application of the n. 1 of the
article 389 para.
3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 388.
Compensation in the event of unlawful dismissal
1-Without prejudice to the compensation provided for in paragraph 1 (a) of the preceding Article, the
worker is entitled to receive the retributions that it cede from auinjure since the
dismissal up to the transit on trial of the court's decision declaring the ilicitude of the
dismissal.
2-The retributions referred to in the preceding paragraph shall be deducted:
a) The importances that the worker would earn from the termination of the contract and which he would not receive
if it were not for the dismissal;
b) The consideration for the period from the dismissal up to 30 days before the
posture of the action, if this is not proposed in the 30 days subsequent to the dismissal;
c) the unemployment allowance allocated to the employee in the period referred to in paragraph 1,
owing the employer to deliver this amount to social security.
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Article 389.
Compensation in replacement of reintegration at the request of the worker
1-In replacement of reintegration, the employee may opt for compensation, until
to the end of the discussion at a final trial hearing, by the court of the court to determine the
your amount, between 15 and 45 days of base retribution and diuturnals for each full year
or antique fraction, meeting the value of the retribution and the degree of ilicitude
arising from the ordinance set out in Article 380.
2-For the purposes of the preceding paragraph, the court shall cater to the time elapsed since the
dismissal up to the transit on trial of the court decision.
3-A The compensation provided for in paragraph 1 shall not be less than three months of base consideration
and diuturnals.
Article 390.
Compensation in replacement of reintegration at the request of the employer
1-In the event of a microenterprise or employee who occupiers post of administration or
direction, the employer may apply to the court to exclude the reinstatement, with
foundation in facts and circumstances that make the return of the worker seriously
harmful and disruptive of the operation of the company.
2-The provisions of the preceding paragraph shall not always apply that the ilicitude of the dismissal if
fundar on political, ideological, ethnic, or religious grounds, albeit with invocation of
diverse motive, or when the ground of opposition to the reintegration is culposefully
created by the employer.
3-In case the court excludes reintegration, the employee is entitled to compensation,
determined by the court between 30 and 60 days of base retribution and diuturnals for each
full year or fraction of seniority, pursuant to the terms set out in paragraphs 1 and 2 of the article
previous, may not be lower than the value corresponding to six months of base consideration
and diuturnals.
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SUBSECTION III
Dismissal on the initiative of the employer in the event of a fixed-term contract
Article 391.
Special rules on contract of work to term
1-The general rules of termination of the contract apply to the fixed-term employment contract, with
the constant changes of the following number.
2-Being the dismissal declared illicit, the employer is convicted:
a) In the payment of compensation of the damage of the patrimonial and non-patrimonial damage, which no
must be lower than the retributions the worker has ceased to earn since dismissal
to the right or uncertain term of the contract, or even to the transit on trial of the court decision,
if that term occurs later;
b) Should the term occur after the transit on trial of the court decision, in the reinstatement
of the worker, without prejudice to its category and seniority.
3-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
SECTION V
Termination of employment contract on the initiative of the employee
SUBSECTION I
Contract resolution of employment by the worker
Article 392.
Fair cause of resolution
1-Occurring just cause, the worker can immediately cease the contract.
2-Constitutions fair cause of resolution of the contract by the employee, namely, the
following behaviors of the employer:
a) Fhigh culposis of punctual payment of the consideration;
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b) culpable violence of legal or conventional guarantees of the worker;
c) Application of abusive sanction;
d) Fhigh culposes of safety and health conditions at work;
e) Laughtsman culposes of serious worker's serious heritage interests.
f) Offensa to the physical or moral integrity, freedom, honour or dignity of the worker,
punishable by law, practiced by the employer or its representative;
3-Constitutions still fair cause of resolution of the contract by the worker:
a) Need for compliance with legal obligation incompatible with the continuation of the
contract;
b) substantial and lasting change in the working conditions in the lawful exercise of
powers of the employer;
c) Falta non-culposable punctual payment of the retribution.
4-A fair cause is appreciated under Rule 350 (3), with the necessary
adaptations.
5-It is considered to blame for the lack of punctual payment of the retribution that extends by
period of 60 days, or when the employer, at the request of the employee, declares in writing to
prediction of non-payment of the missing consideration, until the expiry of that period.
Article 393.
Procedure for contract resolution by the worker
1-The employee shall report the resolution of the contract to the employer, in writing,
with a succinct indication of the facts justifying it, in the 30 days subsequent to the
knowledge of the facts.
2-In the case referred to in paragraph 5 of the preceding Article, the time limit for resolution is to be
from the term of the 60-day period or from the employer's statement.
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3-If the ground of the resolution is the one referred to in paragraph 3 (a) of the preceding article, the
communication must be made as soon as possible.
4-The employer may require that the signature of the worker constant of the declaration of
resolution has presential notarial recognition, owing, in this case, to mediate a
period of not more than 60 days between the date of recognition and that of termination of the contract.
Article 394.
Compensation due to the worker
1-In the event of a settlement of the contract on the ground in fact provided for in paragraph 2 of the
article 392, the employee is entitled to compensation, to be determined between 15 and 45 days of
base retribution and diuturnals for each full year of seniority, listening to the value
of the retribution and the degree of the ilicitude of the employer's behaviour, and may not be
less than three months of base retribution and diuturnals.
2-In the case of fraction of year of seniority, the value of the indemnity is calculated
proportionally.
3-The value of the indemnity may be higher than that which would result from the application of paragraph 1
whenever the worker suffers damage and non-patrimonial damage of amount more
high.
4-In the case of contract to term, the indemnity may not be lower than the value of the
vincend retributions.
Article 395.
Repeal of the resolution
1-The worker can revoke the resolution of the contract, in case his or her constant signature
of this is not the subject of presential notarial recognition, up to the seventh day following the
date on which to arrive at the power of the employer, upon written communication directed at this.
2-It shall apply to the revocation of the provisions of Article 349 (2) or (3).
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Article 396.
Challenge of the resolution
1-A ilicitude of contract resolution may be declared by court of law in action
intended by the employer.
2-A The action is to be brought within one year of the date of the resolution.
3-In the action where the ilicitude of the resolution is appreciated, they are only serviceable for the
justify the facts set out in the communication referred to in Article 393 (1).
4-In the event that the resolution was impugned on the basis of ilicitude of the procedure
provided for in Article 393 (1), the worker may correct the addiction until the expiry of the term
to contest, but can only utilize this faculty once.
Article 397.
Liability of the employee in the event of unlawful resolution
Not proving the fair cause of settlement of the contract, the employer is entitled to
compensation of the damage caused, not less than the amount calculated in the terms of the
article 399 para.
SUBSECTION II
Denunciation of contract of employment by the employee
Article 398.
Denunciation with prior notice
1-The worker may denounce the contract independently of just cause, upon
communication to the employer, in writing, at the minimum in advance of 30 or 60 days,
as it has, respectively, up to two years or more than two years of seniority.
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2-The instrument of collective work regulation and the employment contract may
increase the advance notice period up to six months, relatively the worker who occupiers
office of administration or direction, or with functions of representation or of
responsibility.
3-In the case of a fixed-term employment contract, the complaint can be made in advance
minimum of 30 or 15 days, depending on the duration of the contract is at least six months
or lower.
4-In the case of an uncertain term contract, for effect of the notice period prior to which
refers to the previous number, meets the duration of the contract already decorated.
5-It shall apply to the denunciation of the provisions of Article 393 (4).
Article 399.
Denunciation without prior notice
The worker who fails to comply, in whole or in part, the advance notice period set out
in the previous article must pay the employer an indemnity of equal value to the consideration
basis and diuturnals corresponding to the missing period, without prejudice to compensation
for damages caused by the failure to comply with the notice period prior to or under obligation assumed
in pact of permanence.
Article 400.
Withdrawal of the complaint
1-The worker can revoke the complaint of the contract, in case his or her constant signature
of this do not have presential notarial recognition, until the seventh day following the date on
that the same comes to the power of the employer, upon written communication directed at
this one.
2-It shall apply to the revocation of the provisions of Article 349 (2) or (3)
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Article 401.
Abandonment of work
1-It is considered abandonment of the work the absence of the worker from the accompanied service
of facts that, in all likelihood, reveal the intention of not resuming it.
2-Presume-if abandonment of work in case of absence of service worker
during at least 10 working days followed, without the employer being informed of the
reason for the absence.
3-The abandonment of the work is worth as denunciation of the contract, it may only be relied upon
by the employer after communication to the worker of the constitutive facts of abandonment
or of the presumption of the same, by registered letter with notice of receipt to the latter
known abode of this.
4-A The presumption set out in paragraph 2 may be deluded by the worker upon proof of the
occurrence of cause of force major impediment of communication to the employer of the cause
of absence.
5-In case of abandonment of the work, the employee shall indemnify the employer in the
terms of Article 399.
Title III
Collective law
SUBTCHAPTER I
Subjects
CHAPTER I
Structures of collective representation of workers
SECTION I
General provisions on structures of collective representation of workers
Article 402.
Structures of collective representation of workers
For defence and collective pursuit of your rights and interests, you can the employees
constitute:
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a) trade union associates;
(b) workers ' committees and subcommittees of workers;
c) Representatives of workers for safety and health at work;
d) Other structures provided for in specific law, specifically works councils
Europeans.
Article 403.
Autonomy and independence
1-The structures of collective representation of workers are independent of the
State, of political parties, of religious institutions or associations of another nature,
being prohibited any interference from these in their organisation and management, as well as the
your reciprocal funding.
2-Without prejudice to the forms of support provided for in this Code, employers do not
may, individually or through their associations, promote the constitution,
maintain or finance the operation, by any means, of structures of
collective representation of employees or, by any way, to intervene in their
organization and management, as well as impeding or hindering the exercise of your rights.
3-The State can support the structures of collective representation of workers in the
terms set out in the law.
4-The State shall not discriminate against the structures of collective representation of the
workers with respect to any other entities.
5-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 2.
Article 404.
Prohibition of discriminatory acts
1-It is prohibited and considered null and void the agreement or other act that is aimed at:
293
a) Subordinate the employment of worker to the condition of this if filming or not filming in a
trade union association or to withdraw from the one in which you are enrolled;
b) Unask, transfer or, in any way, harm worker due to exercise
of rights relating to participation in structures of collective representation or to their
membership or non-affiliation union membership.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 405.
Crime for violation of autonomy or trade union independence, or by discriminatory act
1-A entity that violates the provisions of the s n. s 1 or 2 of Article 403 or in the previous article is
punished with penalty of fine up to 120 days.
2-The administrator, director, manager or other worker who occupies place of managerial who
is responsible for act referred to in the preceding paragraph shall be punished with imprisonment until
one year.
3-Loss the specific rights assigned by this Code the leader or trade union delegate
that is condemned in the terms of the preceding paragraph.
Article 406.
Credit of hours of employee representatives
1-Benefit of credit of hours, pursuant to this Code or in legislation
specific, the workers elected to the structures of collective representation of the
workers.
2-The credit of hours is referred to the normal period of work and counts as time of
effective service, including for the purpose of retribution.
3-Whenever you intend to use the credit of hours, the employee must inform the
employer, in writing, at the minimum of two days ' time, unless otherwise served reason.
4-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
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Article 407.
Falters of representatives of workers
1-A absence of worker for the purpose of performance of functions in structure of
collective representation of the employees of which it is a member, which exceeds the credit of
hours, considers itself justified and counts as effective service time, save for the purpose of
retribution.
2-A absence of trade union delegate motivated by the practice of necessary and indefable acts
in the performance of the correspondents is deemed to be justified, in the terms of the preceding paragraph.
3-The worker or the structure of collective representation in which it integrates communicates to the
employer, in writing, the dates and number of days in which that one needs to be absent
for the performance of your duties, with a day in advance or, in the event of
unpredictability, in the 48 hours after the first day of absence.
4-A failure to comply with the provisions of the preceding paragraph makes the lack unjustified.
5-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.
Article 408.
Protection in case of disciplinary procedure or dismissal
1-A preventive suspension of worker member structure of collective representation
does not preclude the same from having access to sites and exerts activities that are understood to be
in the exercise of the corresponding functions.
2-In the pendency of judicial process for disciplinary liability clearance,
civil or criminal law on the grounds of abusive exercise of rights in the quality of
member of structure of collective representation of workers, applies to the worker
touted the provisions of the previous number.
3-The dismissal of worker candidate for member of any of the social bodies of
trade union association or who exercise or there are exercised functions on the same social bodies there are
less than three years presumed to be done without just cause.
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4-A The cautionary providence of suspension of dismissal of worker member of
structure of collective representation of workers is not enacted only if the court
conclude by the existence of serious probability of verification of the righteous cause invoked.
5-A action for the assessment of the liceness of dismissal of worker to which the
previous number has urgent nature.
6-In the case of ilicitude of dismissal by fact attributable to the employee member of
structure of collective representation, this one has a right to choose between reintegration and a
compensation calculated in accordance with Art. 390 (3) or in instrument of
collective labour regulations, not less than the base consideration and diuturnals
corresponding to six months.
Article 409.
Protection in the event of a transfer
1-The worker member structure of collective representation of workers not
can be transferred from a workplace without your agreement, unless this results from
extinction or total or partial change of the establishment where it provides service.
2-The employer must report the transfer of the employee to which the number is referred
previous to the structure to which this belongs, in advance equal to that of the communication made to the
worker.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 410.
Confidential information
1-The member of structure of collective representation of workers cannot reveal
to employees or to third parties information that it has received, in the scope of law of
information or consultation, with express mention of the respective confidentiality.
2-The duty of confidentiality remains after the termination of the member mandate of
structure of collective representation of workers.
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3-The employer is not obliged to provide information or to hold consultations whose
nature is likely to harm or seriously affect the operation of the company
or the establishment.
4-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 411.
Justification and judicial control in relation to confidentiality of information
1-A information qualification as confidential, the non-provision of information or the
non-fulfilment of consultation shall be substantiated in writing, on the basis of criteria
objectives, assents in management requirements.
2-A The qualification as confidential of the information provided, the refusal to provide
information or the non-fulfilment of consultation can be impugned by the structure of
collective representation of the workers concerned, in the terms provided for in the Code of
Process of the Work.
Article 412º
Exercise of rights
1-The member of structure of collective representation of workers cannot, through
of the exercise of your rights or of the performance of your duties, impair the normal
operation of the company.
2-The abusive exercise of rights by member structure of representation
previous employees ' collective responsibility is liable to disciplinary, civil or
criminal, in the general terms.
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SECTION II
Commissions of workers
SUBSECTION I
General provisions on employee commissions
Article 413.
General principles relating to commissions, subcommittees and coordinating committees
1-Workers have the right to create, in each company, a commission of employees
for the defence of their interests and exercise of the rights provided for in the Constitution and in the law.
2-Sub-commissions of workers can be set up in establishments of the company
geographically dispersed.
3-Any employee of the company, regardless of age or function, has the right
to participate in the constitution of the structures provided for in the preceding paragraphs and in the
approval of the respective statutes, as well as the right to elect and be elected.
4-Can coordinative commissions for better intervention in the restructuring be created
economic, for articulation of activities of the commissions of workers constituted in the
companies in relation to dominance or group, as well as for the exercise of others
rights provided for in law and in this Code.
Article 414.
Personality of committee of workers and coordinating committee
1-A committee of workers and the coordinating committee acquire personality
legal for the registration of its bylaws by the competent department of the responsible ministry
by the labour area.
2-A The capacity of the committee of workers and the coordinating committee covers all
the necessary or convenient rights and obligations for the pursuit of its purposes.
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Article 415.
Number of members of committee of workers, coordinating committee or
subcommittee
1. The number of committee members of workers shall not exceed the following:
a) In company with less than 50 employees, two;
b) In company with 50 or more workers and less than 200, three;
c) In company with 201 a to 500 workers, three to five;
d) In company with 501 a to 1000 workers, five to seven;
e) In company with more than 1000 workers, seven to 11.
2-The number of members of subcommittee of workers shall not exceed the following:
a) In establishment with 50 a to 200 workers, three;
b) In establishment with more than 200 workers, five.
3-In establishment with less than 50 employees, the function of the subcommittee of
workers is ensured by one member only.
4. The number of coordinating committee members may not exceed the number of the
commissions of workers that the same coordinates, nor the maximum of 11 members.
Article 416.
Duration of term of office
The mandate of members of committee of workers, coordinating committee or
subcommittee of workers may not exceed four years, mandates being allowed
successive.
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Article 417.
Meeting of workers at the workplace convened by committee of workers
1-A committee of workers may convene general meetings of workers to be held
in the workplace:
a) Out of the working hours of the generality of the employees, without prejudice to the normal
operation of shifts or supplementary work;
b) During the working hours of the generality of the employees up to a period
maximum of 15 hours per year, which counts as effective service time, provided that
it is ensured the operation of services of an urgent and essential nature.
2-The employer who prohibits meeting of workers in the workplace commits against-
very serious ordering.
Article 418.
Procedure for meeting of workers in the workplace
1-A committee of workers must report to the employer, in advance
minimum of 48 hours, the date, time, predictable number of participants and place in which
intends for the meeting of workers to take place and to affix the respective convenor.
2-In the case of meeting to be held during the working hours, the committee of
workers must submit proposal that aims to ensure the operation of services of
urgent and essential nature.
3-After receiving the communication referred to in paragraph 1 and, where appropriate, the said proposal
in the previous number, the employer must put at the disposal of the promoter entity a place
in the interior of the company or in its appropriate proximity to the holding of the meeting, having in
tells the elements of the communication and the proposal, as well as the need to respect the
arranged in the final part of paragraph 1 (a) or (b) of the preceding Article 1.
4-Constitui counterordinate very serious violation of the provisions of the previous number.
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Article 419.
Support for the commission of workers and dissemination of information
1-The employer must put at the disposal of the commission or subcommittee of workers
appropriate facilities, as well as the material and technical means necessary for the exercise of the
their functions.
2-It shall apply to the committee and subcommittee of employees the provisions of Article 463, with
the necessary adaptations.
3-Constitute counter-ordinance grave the violation of the provisions of this article.
Article 420.
Credit of hours of members of the committees
1-For the exercise of its functions, the member of the following structures shall be entitled to the
following monthly credit of hours:
a) Subcommittee of workers, eight hours;
b) Commission of workers, 25 hours;
c) Coordinating Commission, 20 hours.
2-In microenterprise, the hours credits referred to in the preceding paragraph are reduced to
half.
3-In company with more than 1000 employees, the commission of workers can
to act unanimously to redistribute by its members a global amount
corresponding to the sum of the hours credits of all of them, with the individual limit of 40
monthly hours.
4-The worker who is a member of more than one of the structures referred to in paragraph 1 no
can cumulate the corresponding hours credits.
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5-In company of the business sector of the State with more than 1000 employees, the
commission of workers may act unanimously that one of the members has
hours credit corresponding to half of your normal period of work, not being
in this case applicable to the provisions of paragraph 3.
6-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1, 2, 3 or 5.
SUBSECTION II
Information and consultation
Article 421.
Rights of the committee and the subcommittee of workers
1-A The committee of workers shall be entitled, inter alia, to:
a) Receive the information necessary for the exercise of its business;
(b) to exercise control of the management of the company;
c) Participate, among others, in the process of the restructuring of the company, in the drafting of the
plans and professional training reports and in procedures relating to the amendment
of the working conditions;
d) Participate in the elaboration of the work legislation, directly or through the
respective coordinating committees;
e) Gerir or participate in the management of the social works of the company;
f) Promoting the election of workers ' representatives to the social bodies of the
corporate public entities;
g) Reunite, at least once a month, with the company's management body for
assessment of matters relating to the exercise of their rights.
2-Compete to the subcommittee of workers, according to established general guidance
by the committee:
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(a) to exercise, by delegation by the committee of employees, the rights provided for in
points (a), (b), (c) and (e) of the preceding paragraph;
b) To inform the committee of workers on the subjects of interest for the activity
of this;
c) Making the connection between the employees of the respective establishment and the commission of
workers;
d) Reunite with the managing body of the establishment, pursuant to paragraph (g) of the number
previous.
3-The management body of the company or of the establishment, as the case may be, draws up the minutes
of the meeting referred to in paragraphs 1 or 2, which shall be signed by all the participants.
4-Constitute counterordinance grave the violation of the provisions of paragraphs (e) or (g) of paragraph 1,
in point (d) of paragraph 2 or in the preceding paragraph.
Article 422.
Content of the right to information
1-A The committee of workers is entitled to information on:
a) General plans of activity and budget;
b) Organization of production and its implications on the degree of the use of workers and
of the equipment;
c) Situation of supply;
d) Forection, volume and administration of sales;
e) Management of personnel and establishment of their basic criteria, amount of mass
salary and its distribution by professional groups, social perks, productivity and
absenteeism;
f) Accounting status, understanding the balance sheet, account of results and balance;
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g) Modalities of financing;
h) Tax and parafiscal charges;
i) Project to change the object, the social capital or reconversion of the activity of the
company.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 423.
Mandatory consultation of the committee of workers
The employer must seek the opinion of the committee of workers before practicing the
following acts, without prejudice to others provided for in the Act:
a) Amending of the professional classification and promotions criteria of the employees;
b) Change of place of business of the company or of the establishment;
c) Any measure that it results in or may result in a substantial decrease in the
number of workers, aggravation of working conditions or changes in the
organization of work;
d) Dissolution or request for declaration of insolvency of the company.
SUBSECTION III
Management control of the company
Article 424º
Purpose and content of management control
1-Management control aims to promote the responsible commitment of employees in the
activity of the company.
2-In the exercise of management control, the committee of employees may:
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(a) Appreciate and issue opinion on the company's budget and its changes, as well as
follow up with the respective implementation;
b) Promote the appropriate use of technical, human and financial resources;
c) Promoting, together with the governing bodies and the employees, measures that contribute to
the improvement of the business of the company, specifically in the fields of equipment and
administrative simplification;
d) Present to the company suggestions, recommendations or criticism aimed at qualification
initial and further training of employees, improvement of working conditions
particularly of safety and health at work;
e) Defender with the management and supervisory bodies of the company and the authorities
competent the legitimate interests of workers.
3-The management control does not cover:
a) The Bank of Portugal;
b) The National Press-House of Currency, S. A.;
(c) Establishments manufacturing military and military or other research activities with
interest for national defence;
d) Activities involving competences of organs of sovereignty, of assemblies
regional or regional governments.
4-Constitute counterordinate serious impediment by the employer to the exercise
of the rights provided for in the preceding paragraph.
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Article 425.
Exercise of the right to information and consultation
1-A committee of employees or the subcommittee requests in writing, respectively, to
body of management of the company or of the establishment the information elements
relating to the matters covered by the right to information.
2-A information is provided in writing, within eight days, or 15 days if your
complexity to justify.
3-The provisions of the preceding paragraphs shall be without prejudice to the right of the commission or the
Subcommittee of workers receiving information at a meeting referred to in point (g) of the
n ° 1 or paragraph 3 (d) of Article 421 (3).
4-In the case of consultation, the employer requests in writing the opinion of the commission of
workers, which must be issued within 10 days of receipt of the application, or
in a higher term that is granted given the extent or complexity of the matter.
5-Should the committee of workers ask for relevant information on the matter of the
consultation, the time limit referred to in the preceding paragraph shall be made from the provision of the information,
in writing or in meeting where this occurs.
6-A The consultation obligation considers itself to be fulfilled once the period referred to in the
n. 4 without the opinion having been issued.
7-When it is in cause decision by the employer in the exercise of powers of
direction and organisation arising from the contract of employment, the information procedure
and consultation should be conducted by both sides in the sense of achieving, whenever
possible, the consensus.
8-Constitute counter-ordinance grave the violation of the provisions of paragraph 2 or the first part
of paragraph 4.
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Article 426.
Representatives of employees in bodies of corporate public entity
1-A-The commission of corporate public entity workers promotes the election of
representatives of the employees for the social bodies of it, applying the willing
in this Code in the matter of electoral notebook, voting sections, voting and clearance of
results.
2-A The committee of workers must report to the ministry responsible for the sector of
activity of the corporate public entity the result of the election referred to in the number
previous.
3-The social organ in question and the number of employee representatives are regulated
in the statutes of the corporate public entity.
SUBSECTION IV
Participation in the process of restructuring the company
Article 427.
Exercise of the right to participate in the restructuring processes
1-The right to participate in the company's restructuring processes is exercised by the
commission of workers, or by the coordinating committee in the event of a restructuring of the
majority of companies whose commissions this coordinates.
2-Within the scope of participation in the restructuring of the company, the committee of employees
or the coordinating committee is entitled to:
a) Prior information and consultation on the formulations of the plans or projects of
restructuring;
b) Information on the final formulation of the instruments for restructuring and whether
pronount before they are approved;
c) Reunite with the bodies in charge of preparatory restructuring work;
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d) Present suggestions, complaints or criticism to the competent bodies of the company.
3-Constitute counterordinate serious impediment by the employer to the exercise
of the rights provided for in the preceding paragraph.
SUBSECTION V
Constitution, statutes and election
Article 428.
Constitution and approval of the statutes of commission of workers
1-A The constitution and the approval of the commission statutes of workers are
deliberated simultaneously by the employees of the company, with distinct votes,
depending on the validity of the constitution of the validity of the approval of the statutes.
2-A The deliberation of constituting the committee of workers shall be taken by majority
simple of the voters, being sufficient for the approval of the bylaws to be deliberated by
relative majority.
3-A voting is convened at the minimum 15 days ' notice for at least one hundred or
20% of the employees of the company, with ample publicity and express mention of date,
time, place and order of work, and shall be remitted simultaneously copy of the
convocation to the employer.
4-The regulation of voting shall be drawn up by the workers who call it and
advertised simultaneously with the convenor.
5-The draft statutes submitted to the vote are proposed by, at a minimum, 100 or
20% of the employees of the company, owing to this advertised in advance
minimum of 10 days.
6-The provisions of the preceding paragraphs shall apply to the amendment of statutes, with the
necessary adaptations.
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Article 429.
Voting on the constitution and approval of the commission statutes of workers
1. The identity of the employees of the company at the date of the convening of the vote shall
record of electoral notebook constituted by list drawn up by the employer,
discriminated against, being the case, by establishment.
2. The employer delivers the electoral notebook to the workers who summoned the
assembly, within 48 hours of the receipt of a copy of the convenor,
by proceeding with these to their immediate affixing on the premises of the company.
3. The vote runs in accordance with the following rules:
a) In each establishment with a minimum of 10 workers there must be,
at least one voting section;
b) Each voting section cannot have more than 500 voters;
c) The table of the voting section directs the respective vote and is composed of a
president and two vowels that are, to that effect, waived from the respective
provision of work.
4 Each group of workers bidding for a draft statutes may designate
a representative on each table, to keep up with the vote.
5 Vote ballot boxes are placed in the workplaces, so as to allow all
workers can vote, without harming the normal functioning of the company
or establishment.
6 A voting starts at least 30 before the beginning and ends, at least,
60 after the end of the operating period of the company or
establishment, and may employees have the indispensable time to vote
during the respective working hours.
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7 A the vote shall, as far as possible, proceed simultaneously in all
sections of voting.
8 Constitutes very serious counterordinance to the violation of the provisions of the s n. s 1 or 2, in the
paragraph 3 (a), paragraph 5 or the first part of paragraph 6, and constitutes counterordinance
serious the violation of the provisions of the final part of paragraph 3 (c) or in the final part of the
n. 6.
Article 430.
Procedure for clearance of the result
1. The opening of the ballot box for the respective clearance shall be concurrent to
all the voting sections, even though the vote has elapsed at different times.
2. The members of the voting table note the way in which the vote in the minutes has proceeded
that, after it is read and approved, initiates and signs the final.
3. The identity of the voting voters shall be registered in a document of their own, with terms of
opening and closing, signed and initialed by the members of the table, which
constitutes an integral part of the minutes.
4. The overall clearance of votes of the constitution of the committee of workers and of the
approval of the bylaws is done by the electoral commission, which lavish the respective minutes,
in the terms of paragraph 2.
5. The electoral commission referred to in the preceding paragraph shall be constituted by a representative
of the proponents of draft statutes and equal numbers of representatives of the
workers who have summoned the constituent assembly.
6. The electoral commission, within 15 days of the date of the clearance, communicates
the result of the vote to the employer and to affix it, as well as copy of the respective minutes
at the site or places in which the vote took place.
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7. Constitute counter-ordinance grave the employer's opposition to the affixing of the result of the
voting, in the terms of the previous number.
Article 431.
General rules of the election of committee and subcommittees of workers
1-The members of the committee and the subcommittees of workers are elected, from among the
lists submitted by employees of the company or establishment, by direct vote and
secret, under the principle of proportional representation.
2-A election is convened in advance of 15 days, or established upper term
in the bylaws, by the electoral commission constituted under the terms of the bylaws or, failing that,
for, at a minimum, a hundred or 20% per cent of the company's employees, with wide publicity and
express mention of date, time, place and order of work, and must be remitted
simultaneously copy of the summons to the employer.
3-Can only compete lists subscribed by, at a minimum, 100 or 20% of the employees of the
company or, in the case of lists of employee sub-commissions, 10% of the employees of the
establishment, and may not any employee subscribe to or be part of more than
a competing list to the same structure.
4-A The election of the members of the committee and the subcommittees of workers stems from
concurrent, the provisions of Articles 429 and 430, with the necessary ones, being applicable
adaptations.
5-In the absence of the elected electoral commission pursuant to the bylaws, the same shall be constituted by
a representative of each of the competing lists and equal number of representatives of the
workers who called the election.
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Article 432.
Content of the statutes of the committee of workers
1-The statutes of the committee of workers shall provide for:
a) The composition, election, term of office and rules of operation of the commission
electoral officer who presides over the electoral act, of which he has the right to part a delegate
designated by each competing list;
b) The number, duration of the term and rules of the election of the members of the committee of
workers and the mode of filling up vacancies;
c) the operation of the commission, solving the issues concerning the tie-up of
deliberations;
d) the form of binding, which shall require the signature of the majority of its members,
with a minimum of two signatures;
e) the mode of financing of the activities of the committee, which may not in any case be
be secured by an entity alheiy to the pool of the employees of the company;
f) the process of amending bylaws;
g) The articulation of the commission, if it is the case, with subcommittees of workers or
coordinating committee.
2-Statutes may provide for the existence of subcommittees of workers in
geographically dispersed establishments.
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Article 433.
Constitution and statutes of coordinating committee
1-The employees of the company shall deliberate on the participation of the respective commission of
workers in the constitution of the coordinating committee, on the initiative of the commission of
workers or 100 or 10% of the employees of the company, by voting carried out in the
terms of the articles 429 and 430, with the necessary adaptations.
2-A The coordinating committee is constituted with the approval of its statutes by the
commission of workers that it is intended to coordinate.
3-The statutes of the coordinating committee shall be subject to the provisions of paragraph 1 of the article
432., with the necessary adaptations, and shall in particular indicate the location of the head office.
4-The members of the committee of workers that the coordinating committee is aimed at
coordinate approve the bylaws of this, by secret ballot, at a meeting convened with the
in advance of 15 days by at least two employee commissions.
5-From the meeting referred to in the preceding paragraph shall be drawn up minutes signed by all the
gifts and to which the voting registration document of the voters is attached.
Article 434.
Membership and revocation of membership of the coordinating committee
On accession or revocation of membership of commission of workers to a committee
coordinator is applicable to the provisions of paragraph 1 of the previous article.
Article 435.
Election of coordinating committee
1-Members of the commissions of adhering workers elect, from among themselves, the members
of the coordinating committee, by direct and secret vote and second to the principle of
proportional representation.
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2-A election is convened in advance of 15 days, or established upper term
in the statutes, by at least two commissions of adhering workers.
3-A Election is made by subscribed lists by at least 20% of the members of the committees
of adherent workers, submitted up to five days before the vote.
4-There must be drawn up minutes of the electoral act, signed by all those present, to which it is
annex the registration document for voters.
Article 436.
Records and publications referring to commissions and subcommittees
1-A electoral commission requires the relevant department of the ministry responsible for the area
labour the registration of the constitution of the commission of workers and of the statutes or of their
changes, by joining the bylaws or the approved amendments, as well as certified copies
of the minutes of the overall clearance and the polling stations, accompanied by the documents of
registration of the voting voters.
2-A electoral commission, within 10 days from the date of the clearance, requires still
to the competent department of the ministry responsible for the labour area the registration of the election of the
members of the committee of workers and the subcommittees of workers, joining
certified copies of the competing lists, as well as the minutes of the global clearance and the
polling stations, accompanied by the registration documents of the voting voters.
3-The commissions of workers who participated in the constitution of the committee
coordinator require the relevant department of the ministry responsible for the labour area,
within 10 days, the registration:
a) of the constitution of the coordinating committee and of the statutes or of its amendments,
joining the bylaws or the approved amendments, as well as certified copies of the minutes of the
meeting in which the committee and the voting registration document was constituted;
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b) Of the election of the members of the coordinating committee, by joining certified copies of the
competing lists, as well as of the minutes of the meeting and the voter registration document.
4-Communications addressed to the service referred to in the preceding paragraphs shall state
correctly the address of the structure in question, indication that must be maintained
updated.
5-Statutes of committee of workers or coordinating committee are delivered
in electronic document, in the terms of the office of the minister responsible for the area
labour.
6-In the 30 days after the receipt of the documents referred to in the preceding paragraphs,
the competent department of the ministry responsible for the labour area:
a) Register the constitution of the committee of workers or of the coordinating committee, well
how the statutes or their amendments;
b) Register the election of the members of the committee and subcommittees of workers or of the
coordinating committee;
c) Publica in the Bulletin of Labour and Employment the statutes of the commission of workers or of the
coordinating committee, or the respective amendments;
d) Publica in the Bulletin of Labour and Employment the composition of the committee of workers, of the
Subcommittees of workers or the coordinating committee.
7-A committee of workers, the subcommittee or the coordinating committee can only
start its activities after the publication of the statutes and the respective composition,
under the terms of the previous number.
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Article 437.
Monitoring of legality of the constitution and the statutes of the committees
1-In the eight days after the publication of the statutes of the commission of workers or of the
coordinating committee, or of its amendments, the competent department of the ministry
responsible for the labour area refers to the magistrate of the Public Prosecutor's Office of the head office
of the company, or of the head office of the coordinating committee, a reasoned appreciation of the
legality of the constitution of the commission and of the statutes, or of its amendments, as well as
certified copy of the documents referred to, respectively, in paragraph 1 or (a) of the 3
of the previous article.
2-It shall apply, with due adaptations, to the provisions of Article 445.
SECTION III
Trade union associations and employers ' associations
SUBSECTION I
Preliminary provisions
Article 438.
Right of association
1-Workers have the right to constitute trade union associations at all levels to
advocacy and promotion of your socio-professional interests.
2-Employers have the right to constitute employers ' associations to all the
levels for advocacy and promotion of your business interests.
3-The trade union associations cover trade unions, federations, unions and confederations.
4-Employers ' associations cover associations, federations, unions and
confederations.
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5-The statutes of federations, unions and confederations can admit the representation
direct from workers not represented by trade unions, or from employers not
represented by employers ' associations.
Article 439.
Subsidiary regime
1-Trade union associations and employers ' associations are subject to the general scheme
of the right of association in everything that does not contravene this Code or the nature
specific of the respective autonomy.
2-They are not applicable to trade union associations and employers ' associations the standards
of the general regime of the right of association likely to determine restrictions
inadmissible to the respective freedom of organization.
Article 440.
Concepts in the scope of the right of association
1-Within the scope of trade union associations, it is understood by:
(a) Union, the permanent association of workers for the defence and promotion of the
your socio-professional interests;
b) Federation, the association of unions of workers of the same profession or of the
same sector of activity;
c) Union, the association of regional basic trade unions;
d) Confederation, the national association of trade unions, federations and unions;
e) trade union section, the pool of employees of a company or establishment
affiliated with the same syndicate;
f) Sindical delegate, the worker elected to engage in union activity in the company
or establishment;
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g) trade union commission, the organisation of union delegates of the same union in
company or establishment;
h) intersindical commission, the organisation, at the level of a company, of the delegates of the
trade union commissions of the unions represented in a confederation, which covers
at least five union delegates, or of all union commissions on it
existing.
2-Within the scope of employers ' associations, it is understood by:
a) Association of employers, the permanent association of persons, natural or
legal, private law, holders of a company, who have customarily
workers at their service;
b) Federation, the association of associations of employers of the same sector of
activity;
c) Union, the association of associations of regional basic employers;
d) Confederation, the national association of employers ' associations, federations and
unions.
Article 441.
Rights of associations
1-Trade union associations and employers ' associations have, inter alia, the
right to:
(a) Concluding collective agreements of work;
b) Pressure services of an economic and social character to their associates;
c) Participate in the drafting of the work legislation;
d) Start and intervene in lawsuits and in administrative procedures how much
the interests of their associates, under the law;
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e) Establish relations or affiliate, at the national or international level, in organizations,
respectively, of workers or employers.
2-Trade union associations have, still, the right to participate in the processes of
restructuring of the company, especially in relation to trainings or when
occur change of working conditions.
3-Employers ' associations cannot dedicate themselves to production or marketing
of goods or services or in any way to intervene in the market, without prejudice to the
provisions of paragraph 1 (b).
Article 442.
Freedom of enrollment
1-In the exercise of trade union freedom, the employee has the right to, without discrimination,
sign up for syndicate that, in the area of its activity, represents the category
respective.
2-Can maintain the quality of associate the worker who cede to exercise his / her
activity, but does not pass on to exercise another not represented by the same syndicate or
do not miss the condition of subordinate worker.
3-The employer has the right to, without discrimination, enroll in association of
employers who, in the area of their activity, may represent it.
4-The entrepreneur who does not employ workers can register for association of
employers, and may not, however, intervene in decisions relating to relations of
work.
5-The worker or employer may not be simultaneously filleted, at the title of the
same profession or activity, in trade unions or employers ' associations
different.
6-The worker or the employer can defille himself at all time, upon
written communication at the minimum 30 days notice.
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SUBSECTION II
Constitution and organization of the associations
Article 443.
Principles of self-regulation, organisation and democratic management
Trade union associations and employers ' associations are governed by statutes and
regulations by them approved, elect free and democratically the holders of the bodies
social media from among the associates and democratically organize their management and activity.
Article 444.
Autonomy and independence of associations
1-The exercise of office of direction of trade union association or association of
employers are incompatible with the exercise of any direction of direction in
political party, religious institution or other association relatively to which there is
conflict of interest.
2-It shall apply to associations of employers the provisions of paragraphs 1, 3, 4 or 5 of the article
403.
Article 445.
Constitution, registration and acquisition of personality
1-A trade union membership or the employers ' association constitutes and approves the
respective statutes by deliberation of the constituent assembly, which may be
assembly of representatives of associates, and acquires legal personality by the
registration of those by the competent department of the Ministry responsible for the area
labour.
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2-The application of the trade union membership registration or employers ' association,
signed by the chairman of the constituent assembly's desk, must be accompanied
of the approved and certifying statutes or certified copy of the minutes of the assembly, having
in annex the attendance record sheets and their terms of opening and
closure.
3-The statutes of union association or employers ' association are delivered in
electronic document, in the terms of the porterie of the minister responsible for the labour area.
4-The competent department of the Ministry responsible for the labour area records the statutes,
after which:
a) Publishes the statutes in the Bulletin of Labour and Employment , in the 30 days after your
reception;
b) Remete to the magistrate of the Public Prosecutor's Office in the competent court certia or
certified copy of the minutes of the constituent assembly, the statutes and the application for
record, accompanied by reasoned appreciation of the legality of the
constitution of the association and the statutes, in the eight days after the publication,
without prejudice to the provisions of the following number.
5-Should the statutes contain provisions contrary to the law, the competent department notifies
the association to make this change the same, within 180 days.
6-Should there be no change in the period referred to in the preceding paragraph, the relevant department
proceeds in accordance with the provisions of paragraph (b) of paragraph 4.
7-A trade union membership or the employers ' association can only start the exercise of the
respective activities after the publication of the statutes in the Bulletin of Labour and Employment ,
or 30 days after the registration.
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8-Should the constitution or the statutes of the association be non-compliant with the law, the
magistrate of the prosecutor's office promotes, within 15 days of the receipt, the
judicial declaration of extinction of the association or, in the case of norm of statutes, its
nullity, if matter is governed by imperative law or if the regulation of the same
is not essential to the operation of the association.
9-In the situation referred to in the preceding paragraph, the competent service of the Ministry
responsible for the labour area, in the event of the extinction of the association, follows the procedure
provided for in Article 454 (2) or, in the event of a nullity of the statute of the statute,
promotes prompt publication of notice in the Bulletin of Labour and Employment .
Article 446.
Acquisition and loss of the quality of employer membership
The association of entrepreneurs constituted under the general scheme of the right of association
may acquire the quality of employer membership, by the process defined in the article
previous, provided that it fulfils the requirements set out in this Code, and may lose that
quality at the will of the associates or judicial decision taken pursuant to paragraph 6 of the
same article.
Article 447.
Amendment of statutes
1-A amendment of bylaws shall be subject to registration and to the provisions of paragraphs 2 a to 6 and 8 and 9 of the
article 445, with the necessary adaptations.
2-The changes referred to in the preceding paragraph shall only produce effects in relation to
third parties after publication in the Bulletin of Labour and Employment or, in the absence of this one, 30 days after
the registration.
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Article 448.
Content of the statutes
1-With the limits of the following articles, the statutes of trade union membership or association
of employers must regulate:
a) The denomination, the locality of the head office, the subjective, objective and geographical scope,
the purposes and the duration, when the association does not constitute per period
undetermined;
b) The acquisition and loss of the quality of associate, as well as the respective rights and
duties;
c) the general principles in disciplinary matters;
d) The respective bodies, among which there shall be a general assembly or a
assembly of representatives of associates, a collegial steering body and a
tax advice, as well as the number of members and the functioning of those;
e) In the event that an assembly of representatives of associates is planned, the
regulatory principles of the respective election, with a view to its representativeness
f) the financial administration regime, the budget and the accounts;
g) the process of amending the statutes;
h) The extinction and consequent liquidation of the association, as well as the fate of the
respective heritage.
2-The bylaws of union membership shall still regulate the exercise of the right of
trend.
3-A denomination must identify the subjective, objective and geographical scope of the
association and you cannot confuse yourself with that of another existing association.
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4-In the event that the bylaws provide for the existence of an assembly of representatives of
associates, namely a congress or general counsel, this exercises the rights
provided for in the law for the general assembly.
5-In the event of a judicial extinction or voluntary association of union membership or association of
employers, the respective goods may not be distributed by the associates, except
when these are associations.
Article 449.
Principles of democratic organization and management
1-In respect of the principles of democratic organization and management, the associations
trade union members and employers ' associations shall be governed, inter alia, in obedience
to the following rules:
a) All the associate in the enjoyment of his rights has the right to participate in the
activity of the association, including that of electing and being elected to the social bodies and
be appointed to any associative post, without prejudice to being able to
age and time of enrollment requirements;
b) No associates may be represented in more than one elective organ;
c) They are assured equal opportunities to all the competing lists for elections to
the social bodies, owing to the electoral process being scrutinised by a commission
election composed of the chairman of the general assembly's desk and by representatives
of each of the competing lists;
d) The bidders present the lists and the programme of action, which they must be
widely publicized, particularly by their affixing at the appropriate place in the
registered office and delegations of the association for the duration of the minimum of eight days, so to
that all associates may know them beforehand;
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e) the term of office of the members of the management may not be longer than four years,
being allowed re-election for successive mandates;
f) Social bodies may be impeached by deliberation of the general assembly,
owing to the regular bylaws the terms of the removal and management of the association until
at the beginning of functions of new social bodies;
g) The general meeting brings together, in ordinary session, at least once a year,
and shall be made possible to all those associated with the exercise of the right to vote, to
what the statutes may provide for the simultaneous realization of general assemblies by
regional areas or voting sections, or other systems compatible with the
deliberations to be taken;
h) The general assembly shall be convened with an indication of date, time, place and order
of proceedings, and the convenor shall be advertised at least upon
publication in a minimum of three days ' notice in a newspaper of the locality of the headquarters
of the association or, not the case of it, in one of the most read newspapers, or by
written communication to all associates, at the same notice;
i) The convening of the general meeting competes with the president of the table, by his
initiative or on request, either from the direction or from 10% or 200 of the associates.
2-Employer association statutes may assign more than one vote to certain
associated in function of the size of the company, up to the limit of 10 times the number of
votes of the associate with the lowest number of votes.
Article 450.
Disciplinary regime
1-The disciplinary regime applicable to the associates shall ensure the right of defence of the
associate and provide for the procedure to be written and that the sanction of expulsion is only
applied in the event of a serious breach of fundamental duties.
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2-The disciplinary regime of the employers ' association may not contain standards that
interfere with the economic activity exerted by the associates.
Article 451.
Impenhorability of goods
1-Are impawable the movable and immovable property of trade union association or association of
employers whose use is strictly indispensable to their functioning.
2-The provisions of the preceding paragraph shall not apply to immovable property when they check the
following conditions:
a) The acquisition, construction, reconstruction, modification or beneficiation of that good is
made by recourse to funding by third parties, with real guarantee beforehand
registered;
b) The financing by third parties and the conditions of acquisition are the subject of
deliberation of the statutorily competent body.
Article 452.
Advertication of the members of the management
1-The chairman of the table of the general meeting shall refer the identity of the members of the
union direction of trade union or employer association, as well as copy of the minutes of the
assembly that elected them, to the relevant department of the ministry responsible for the labour area
within 10 days after the election, for immediate publication in the Bulletin of the Work and
Employment .
2-A The identity of the members of the steering is to be delivered in electronic document,
in the terms of office of the minister responsible for the labour area.
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Article 453.
Averaging to registration
The trade union association or employers ' association must state the address of the head office, well
as per their update, to the competent department of the ministry responsible for the labour area,
which proceeds to its averbment in the respective register.
Article 454.
Extinction and cancellation of registration
1-A judicial or voluntary extinction of trade union membership or employers ' association
shall be communicated to the competent department of the Ministry responsible for the labour area:
a) By the court, upon copy of the decision determining the extinction, carried out
on trial;
b) By the chairman of the general meeting's desk, upon certigiving or copy
certified of the minutes of the assembly that delibere the extinction, with the leaves of
attendance and the respective terms of opening and closing.
2-The service referred to in the preceding paragraph proceeds to the cancellation of the registration of the
statutes of the association concerned and promotes prompt publication of notice in the Bulletin of the
Work and Employment.
3-The service referred to in the preceding paragraphs referred to the magistrate of the Public Prosecutor's Office
in the competent court certifying or certified copy of the minutes of the assembly that delibere
the extinction, accompanied by reasoned appreciation of the legality of the
deliberation, in the eight days after the publication of the notice.
4-In the event that the extinction deliberation of the association is non-compliant with the law or
the bylaws, the magistrate of the Public Prosecutor's Office promotes, within 15 days of the
reception, the court declaration of nullity of deliberation.
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5-The court communicates the judicial declaration of nullity of the extinction deliberation of the
association, carried on trial, to the service referred to in the preceding paragraphs, which
revoke the cancellation and promotes prompt publication of notice in the Bulletin of the Work and
Employment.
6-A The extinction of the association or the revocation of the cancellation produces effects from the
publication of the respective notice.
SUBSECTION III
Trade union quotization
Article 455.
Union quotization and protection of workers
1-The worker may not be required to pay quotas for trade union membership in which
are not enrolled.
2-A collection and delivery of trade union quotas by the employer may not entail for the
worker any discrimination, nor the payment of expenses not provided for in the law
or limit in any way to your freedom of work.
3-The employer may proceed to the computer processing of personal data of the
workers regarding trade union membership, provided that, under the law, they are
exclusively used for collection and delivery of union quotas.
4-A trade union association cannot refuse the passage of essential document to the activity
worker of the employee who is of his or her competence, on the grounds of lack of
payment of quotas.
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Article 456.
Collection of union quotas
1-The employer shall carry out the collection and delivery of trade union shares when the
instrument of collective labour regulations applicable to the provision and the employee o
authorize, or upon agreement in the application sequence of the worker.
2-A The collection and delivery of union quota implies that the employer deducts from the consideration
of the employee the value of the quota and the one delivered to the respective trade union association, up to the day
15 of the following month.
3-A liability for the expenses required for the delivery of the trade union quota may be
defined by instrument of collective work regulation or agreement between
employer and worker.
4-The worker shall formulate in writing and sign any of the statements referred to in the
n. 1 and in it indicate the value of the trade union quota to be deducted and the trade union association to which the
even must be delivered.
5-The worker can make cessation of collection and delivery of trade union quota by the
employer upon written and signed statement that will drive you in this direction.
6-The worker shall send copies of the statements provided in the figures prior to the
respective trade union association.
7-A declaration of authorization of the collection and delivery of trade union quota or the declaration of the
worker on the cessation of this procedure produces effects from the month
next to that of your delivery to the employer.
8-The employer shall decide the application of the employee referred to in paragraph 1, within 10
days and, in case of agreement, the date of production of effects shall be established by the parties.
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9-Constitui counterordinance very serious the refusal or lack of collection, by the employer,
of the trade union quota, through the deduction on the consideration of the employee that there is
authorized or order.
Article 457.
Crime of retention of trade union quota
The employer who retains and does not deliver to the trade union membership the trade union quota charged is
punished with the intended penalty for the crime of abuse of trust.
SUBSECTION IV
Trade union activity in the company
Article 458.
Right to trade union activity in the company
Employees and trade unions are entitled to develop trade union activity in the company,
notably through union delegates, union commissions and commissions
interunion.
Article 459.
Meeting of workers in the workplace
1-Workers can meet at the workplace, upon convocation by a
third or 50 employees of the respective establishment, or by the trade union commission or
intersindical:
a) Out of the working hours of the generality of the employees, without prejudice to the normal
operation of shifts or supplementary work;
b) During the working hours of the generality of the employees up to a period
maximum of 15 hours per year, which counts as effective service time, provided that
it is ensured the operation of services of an urgent and essential nature.
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2-It shall apply to the holding of a meeting referred to in the preceding paragraph the provisions of the article
418., with the necessary adaptations.
3-The members of the management of representative union associations of the employees who
do not work in the company can participate in the meeting, by communication of the
promoters to the employer at the minimum of six hours.
4-The employer who prohibits meeting of workers in the workplace or the access of
board member of trade union association to company premises where to decorated meeting
of workers commits very serious counterordinance.
Article 460.
Election, removal or cessation of duties of trade union delegate
1-The trade union delegate is elected and impeached under the terms of the respective statutes of the respective
syndicate, by direct and secret vote.
2-Can be constituted union commissions in the company or establishment and commissions
interunion in the company, in accordance with points (g) and (h) of Article 440 (1).
3-A the direction of the syndicate communicates in writing to the employer the identity of each
sindical delegate, as well as those who are part of union or interunion commission,
and promotes the affixing of communication in the places reserved to trade union information.
4-The provisions of the preceding paragraph shall apply in the event of removal or cessation of
duties of union delegate.
Article 461.
Number of union delegates
1-The maximum number of union delegates benefiting from the protection scheme
provided for in this Code is determined as follows:
a) In company with less than 50 unionized workers, one;
b) In company with 50 a to 99 unionized workers, two;
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c) In company with 100 a to 199 unionized workers, three;
d) In company with 200 a to 499 unionized workers, six;
e) In company with 500 or more unionized workers, the resulting number of
following formula:
6 + [( n -500): 200]
2-For the purpose of paragraph (e) of the preceding paragraph, n is the number of workers
syndicated.
3-The result ascertained in the terms of paragraph (e) of the preceding paragraph shall be rounded up to
unit immediately superior.
Article 462.
Right to facilities
1-The employer must put at the disposal of the union delegates who require it a local
appropriate to the exercise of its functions, within the company or in its proximity,
made available permanent title in company or establishment with 150 or more
workers.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
Article 463.
Affixing and distribution of trade union information
1-The trade union delegate has the right to affix, on the premises of the company and in place
appropriate made available by the employer, summonses, communications, information
or other texts relating to the union life and the socio-professional interests of the
workers, as well as to carry out their distribution, without prejudice to the operation
normal of the company.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
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Article 464.
Information and consultation of union delegate
1-The trade union delegate is entitled to information and consultation on the following subjects,
in addition to others referred to in the law or in collective agreement:
a) Recent developments and likely future developments in the business of the company or the
establishment and of its economic situation;
b) Situation, structure and likely evolution of employment in the company or in the
establishment and possible preventive measures, particularly when providing for
the decrease in the number of workers;
c) Decision likely to trigger substantial change in the organization of the
work or work contracts.
2-It shall apply to the information and consultation of trade union delegates the provisions of the provisions of paragraphs 1, 2, 4, 5,
6 and 7 of Article 425.
3-The provisions of this article shall not apply to microenterprise or small business.
Article 465.
Credit of hours of union delegate
1-The trade union delegate shall be entitled, for the performance of his duties, to a credit of five
hours a month, or eight hours a month if you are part of an interunion commission.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
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SUBSECTION V
Member of union direction of trade union
Article 466.
Credit of hours and failure of steering member
1-For the exercise of its duties, the member of the union board of directors has
right to credit of hours corresponding to four days of work per month, and to falters
justified, in the terms of the following numbers.
2-Without prejudice to the provisions of the instrument of collective labour regulations, in
each company, the maximum number of trade union board members with
right to credit of hours and to the right justified without limitation of number is determined from the
following form:
a) In company with less than 50 unionized workers, one;
b) In company with 50 a to 99 unionized workers, two;
c) In company with 100 a to 199 unionized workers, three;
d) In company with 200 a to 499 unionized workers, four;
e) In company with 500 a to 999 unionized workers, six;
f) In company with 1000 a to 1999 unionized workers, seven;
g) In company with 2000 a to 4999 unionized workers, eight;
h) In company with 5000 a to 9999 unionized workers, 10;
i) In company with 10000 or more unionized workers, 12.
3-In the case of a member of federation direction, union or confederation, the application of the
formula referred to in the preceding paragraph takes into account the number of workers affiliated with the
associations that are part of that structure.
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4-The worker who is a member of direction of more than one trade union association no
is entitled to credit cumulation of hours.
5-Steering members exceeding the maximum number calculated in the terms of the
previous figures are entitled to the right to be missed up to the limit of 33 per year.
6-A the direction of the trade union association shall communicate to the employer, until January 15 of
each year and in the 15 days after any change in its composition, the identity of the
members to whom the provisions of paragraph 2 apply.
7-A the direction of the trade union association may assign credit of hours to another member of the
same, provided that it does not exceed the overall amount allocated under the terms of paragraphs 1 and 2,
and they must inform the employer of the change in the allocation of the credit in advance
minimum of 15 days.
8-When the justified flawing extends effectively or predictably beyond
one month, the scheme of the suspension of the contract of employment shall apply by the fact that the
worker, without prejudice to the provisions of instrument of collective regulation of
work with respect to employee retribution that exerts union functions on time
whole.
9-Constitute counter-ordinance very serious violation of the provisions of paragraph 1.
CHAPTER II
Participation in the drafting of labour legislation
Article 467.
Notion of labour legislation
1-Understanding by legislation of the work to which it regulates the rights and obligations of the
workers and employers, while such, and their organisations.
2-Are considered legislation of the work the diplomas that regulate, inter alia, the
following subjects:
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a) Contract of work;
b) collective labour law;
c) Safety and health at work;
(d) Accidents at work and occupational diseases;
e) Professional training;
f) Process of the work.
3-It is also considered matter of work legislation to be approved for ratification
of conventions of the International Labour Organization.
Article 468.
Precedence of discussion
Any draft or proposed law, draft decree-law or project or proposal of
Regional decree on labour legislation can only be discussed and voted on by the
Assembly of the Republic, by the Government of the Republic, by the Regional Assemblies or
by the Regional Governments after the commissions of workers or the respective
coordinative commissions, trade union associations and employers ' associations if
have been able to pronounce on it.
Article 469.
Participation of the Standing Committee on Social Concertation
The Standing Committee on Social Concertation can pronounce on any
project or proposal for work legislation, and may be convened by decision of the
President upon application by any of its members.
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Article 470.
Publication of projects and proposals
1-For the purposes of the provisions of Article 468, the projects and proposals are published in
separates from the following official publications:
a) Journal of the Assembly of the Republic, dealing with legislation to be passed by the Assembly
of the Republic;
b) Bulletin of Labour and Employment, dealing with legislation to be approved by the Government of the
Republic;
(c) Diaries of the Regional Assemblies, dealing with legislation to be adopted by the Assemblies
Regional;
d) Official Journal, dealing with legislation to be adopted by Regional Government.
2-The separates referred to in the preceding paragraph contain, obligatorily:
a) the full text of the proposals or projects, with the respective figures;
b) The synthetic designation of the subject matter of the proposal or project;
c) The deadline for public appreciation.
3-A Assembly of the Republic, the Government of the Republic, the Regional Assembly or the
Regional government makes announcing, through the media bodies, the publication of the
separates and the designation of the subjects which are in the stage of public appreciation.
Article 471.
Term of public appreciation
1-The term of public appreciation may not be less than 30 days.
2-The deadline can be reduced to 20 days, exceptionally and by reason of urgency
duly justified in the act mandated by the publication.
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Article 472.
Opinions and hearings of representative organizations
1-During the period of public appreciation, the entities referred to in Article 468 may
to comment on the project or proposal, and to request oral hearing to the Assembly from
Republic, the Government of the Republic, the Regional Assembly or the Regional Government, in the
terms of the own regulation of each of these organs.
2-The opinion of the entity that is pronounced shall contain:
a) Identification of the project or proposal;
b) Identification of the committee of workers, coordinating committee, trade union association
or association of employers who are pronounced;
(c) Subjective, objective and geographical scope or, dealing with committee of employees
or coordinating committee, the sector of activity and the geographical area of the company or
companies;
d) Number of employees or of employers represented;
e) Date, signature of who lawfully represents the entity or of all its
members, and stamp of the same.
Article 473.
Result of public appreciation
1-The positions of the entities that speak in opinions or hearings are held in
account for the legislator as elements of work.
2-The result of the public appreciation appears:
a) From preamble to decree-law or regional decree;
b) From attached report to the opinion of specialized committee of the Assembly of the Republic or
of the Regional Assembly.
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SUBTCHAPTER II
Instruments of collective work regulation
CHAPTER I
General principles relating to tools for collective labour regulation
SECTION I
General provisions on tools for collective work regulation
Article 474.
Principle of the most favourable treatment
The instrument provisions of collective labour regulations can only be
sidelated by contract of employment when this establishes more favourable conditions for the
worker.
Article 475.
Form of instrument of collective work regulation
The instrument of collective work regulation is the written form, under penalty
of nullity.
Article 476.
Limits of the content of instrument of collective work regulation
1-The instrument of collective work regulation cannot:
a) Contrariate imperative legal standard;
(b) Regulatory economic activities, particularly periods of operation,
tax regime, price formation and the exercise of business activity of
temporary work, including the contract of use;
c) Confer retroactive efficacy to any clause that is not of a pecuniary nature.
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2-The instrument of collective labour regulation may institute regime
supplemental contractual that ascribe supplementary benefits from the subsystem
previdential on the part uncovered by this one, under the law.
Article 477.
Assessment on equality and non-discrimination
1-Within 30 days of the publication of instrument of collective regulation
of negotiation work or arbitral decision in mandatory arbitration proceedings, the service
competent from the ministry responsible for the labour area proceeds to the reasoned assessment
of the lawfulness of its provisions on equality and non-discrimination and, if
there are discriminatory provisions, sends the assessment to the magistrate of the Ministry
Public with the competent court.
2-For the purpose of the preceding paragraph, it shall be deemed to be competent, by the order shown below,
the court in whose area they are registered:
a) All trade union associations and associations of employers or companies celebrants
of the collective agreement;
b) the largest number of the entities referred to;
c) any of the entities referred to.
3-Case constate the existence of illegal disposition in the matter in question, the magistrate of the
Prosecutor's Office promotes, within 15 days, the judicial declaration of the nullity of such
provisions.
4-A Judicial decision declaring the nullity of disposition is referred by the court to the
competent department of the ministry responsible for the labour area, for publication effect
in the Bulletin of Labour and Employment.
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Article 478.
Advertising of instrument of collective employment regulation applicable
1-The employer must affix at appropriate location of the company the indication of instruments
of applicable collective labour regulations.
2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.
SECTION II
Competition from instruments of collective labour regulation
Article 479.
Preference for instrument of collective regulatory work regulation vertical
The instrument of collective bargaining work of a sector of activity
sidelets the application of instrument of the same nature whose scope is defined by profession
or professions with respect to that sector of activity.
Article 480.
Competition between instruments of collective bargaining regulation
1-Where there is competition between instruments of collective regulation of
negotiating work, the following criteria of preference are observed:
a) The company agreement deviates from the application of the collective agreement or the collective agreement;
b) The collective agreement deviates from the application of the collective agreement.
2-In other cases, the employees of the company in relation to which the
competition choose the applicable instrument, by majority, within 30 days of counting
of the entry into force of the most recent publication instrument, communicating the choice to the
interested employer and the service with inspective competence of the responsible ministry
by the labour area.
3-In the absence of choice by workers, it shall apply:
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a) the most recent publication instrument;
b) Being the instruments in competition published on the same date, what to regulate the
main activity of the company.
4-A The deliberation provided for in paragraph 2 shall be irrevocable until the expiry of the instrument
adopted.
5-The criteria for preference set out in paragraph 1 may be removed by instrument of
collective bargaining regulation, specifically by means of clause of
articulation between collective agreements of different level, notably interconfederal,
sector or company.
Article 481.
Competition between instruments of collective non-negotiable work regulation
1-Where there is competition between instruments of collective regulation of
nonnegotiable work, the following criteria of preference are observed:
a) The mandatory arbitration decision deviates from the application of another instrument;
b) The extension would depart from the application of working condition porterie.
2-In the event of competition between extension regulations applies as provided for in the n.
2 a to 4 of the previous article, in respect of the collective agreements under extension.
Article 482.
Competition between instruments of collective bargaining regulation and not
negotials
The entry into force of instrument of collective bargaining work out-of-the-business
the application, in the respective scope, of the previous instrument of collective regulation of
non-negotiating work.
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CHAPTER II
Collective Convention
SECTION I
Collective bargaining
Article 483.
Promotion of collective bargaining
The State should promote collective bargaining, so that collective agreements
are applicable to the largest number of workers and employers.
Article 484.
Negotiating proposal
1-The negotiation process starts with the submission to the other part of proposal of
celebration or review of a collective convention.
2-A The proposal must rewear written form, be properly substantiated and contain the
following elements:
a) Designation of the entities that subscribe to it on their own behalf or in representation of
other;
b) Indication of the convention which is intended to review, being the case, and the respective date of
publication.
Article 485.
Response to the proposal
1-A The intended entity of the proposal must respond, in a written and grounded manner,
on the 30 days following the receipt of that, unless there is a time limit convenor or deadline
longer indicated by the bidder.
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2-In the event of a proposal to revise a collective convention, the addressed-for
may refuse to negotiate before six months of the convention shall elapse,
and shall inform the bidder within 10 working days.
3-A The answer shall express a position on all the clauses of the proposal,
accepting, declining, or contraproposing.
4-In the event of a lack of response or counterproposal, within the time frame referred to in paragraph 1 and
in the terms of paragraph 3, the bidder may apply for conciliation.
5-Constitute counter-ordinance grave the violation of the provisions of the n. ºs 1 or 3.
Article 485.
Priority in negotiating matters
1-Parties shall, where possible, assign priority to the negotiation of the consideration and
of the duration and organization of the working time, with a view to the adjustment of the addition
global of charges resulting from it, as well as safety and health at work.
2-A Infeasibility of initial agreement on the subjects referred to in the preceding paragraph no
justifies the break up of negotiation.
Article 487.
Good faith in negotiation
1-The parties must respect, in the process of collective bargaining, the principle of good faith,
notably responding with the possible brevity to proposals and counterproposals,
observing the negotiating protocol, if it exists, and by making themselves represent in meetings and
contacts aimed at the prevention or resolution of conflicts.
2-Representatives of union and employers ' associations should, in a timely,
make the necessary consultations to employees and interested employers, not
it may, however, invoke such a need to obtain the suspension or interruption of
any acts.
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3-Each Party shall provide the other with the elements or information that this
request, in so far as this does not prejudice the defence of their interests.
4-It cannot be refused in the course of the negotiation process of collective agreement of
company, the supply of the reports and accounts of already published companies and the number of
workers, by professional category, who are located within the scope of the agreement to
celebrate.
5-Comete counterordinance major the trade union association, the employers ' association or
the employer who does not make themselves represented at a meeting convened pursuant to paragraph 1.
Article 488.
Technical support from the Administration
1-In the preparation of the negotiating proposal and the respective response, as well as during the
negotiations, the relevant departments of the ministries responsible for the labour area and the
area of activity provides the parties with the necessary information available to them, that these
request.
2-The parties must send the proposals and responses, with the respective statement of reasons, to the
ministry responsible for the labour area, in the 15 days following its submission.
SECTION II
Celebration and content
Article 489.
Representatives of celebrant entities
1-A The collective agreement is signed by the representatives of the celebrant entities.
2-For the purposes of the provisions of the preceding paragraph, representatives shall be deemed to be:
a) Steering members of trade union membership or employer association, with
powers to hire;
b) Managers, administrators or directors with powers to hire;
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c) In the case of company of the business sector of the State, the members of the board of
management or the equated organ, empowered to hire;
d) People holding holders of written mandate with powers to hire, conferred by
trade union association or association of employers, pursuant to the respective statutes,
or by employer.
3-A The trade union association may confer the other structure of collective representation of the
workers empowered to hire with company with at least 500 workers.
4-A revocation of the mandate is only effective after communication to the other party, in writing and up to the
signature of the collective convention.
Article 490.
Content of collective convention
1.-The collective convention shall state:
a) Designation of the Celebratory Entities;
b) Name and quality in which the representatives of the celebrant entities intervene;
(c) scope of the sector of activity, professional and geographical application, except treating-
if of review that does not change the scope of the revised convention;
d) Date of celebration;
e) revised Convention and its respective date of publication, if it is the case;
f) The express values of base consideration for all professions and professional categories,
case have been agreed;
g) Estimation of the numbers of employers and workers covered by the
convention.
2. Collective convention shall regulate:
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a) Relations between the Celebrant Entities, in particular as to the verification of the
compliance with the convention and means of the resolution of collective conflicts arising from the
your application or review;
b) Professional training actions, having presents the needs of the employee and the
employer;
c) the conditions for the provision of work relating to safety and health;
d) measures aimed at the effective implementation of the principle of equality and non-discrimination;
e) Other rights and duties of employees and employers, inter alia
basis consideration for all occupations and professional categories;
f) The processes for solving the emerging disputes of contracts of employment,
notably through conciliation, mediation or arbitration;
g) The definition of services necessary for the safety and maintenance of equipment and
facilities, of minimum indispensable services to occur to the satisfaction of needs
impreterable social, should the activity of the employers covered meet needs
impreterable social, as well as the means necessary to ensure them in a situation of
strike;
h) The effects arising from the convention in the event of an expiry, concerning the
workers covered by that one, up to the entry into force of another instrument of
collective labour regulations.
3-A The collective agreement shall provide for the constitution and regulate the operation of
parity commission with competence to interpret and integrate its clauses.
4-A The collective agreement may provide for the worker, for the purpose of the intended choice
in Article 495, pay an amount in it established to the trade union associations involved, the
title of comparticipation in the charges of the negotiation.
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Article 491.
Parity commission
1-A The parity commission referred to in paragraph 3 of the preceding Article shall be formed by equal
number of representatives of the celebrant entities.
2-A The parity commission can only deliberate so long as it is present half of the
representatives from each party.
3-A The deliberation taken unanimously is deposited and published on the same terms as
collective convention and considers itself for all purposes as integrating the convention to
respect.
4-A The deliberation taken unanimously, once published, is applicable in the framework of
extension of the convention.
SECTION III
Deposit of collective convention
Article 492.
Procedure of the deposit of collective bargaining
1-A collective agreement shall be delivered, for deposit, to the competent department of the ministry
responsible for the labour area.
2-A third consecutive partial review of a convention shall be accompanied by
consolidated text signed on the same terms, which, in the event of divergence, prevails
on the texts to which it relates.
3-A Convention and the consolidated text are delivered in electronic document, in the
the terms of office of the minister responsible for the labour area.
4-The deposit depends on the convention meeting the following requirements:
a) Be celebrated by whoever has the capacity for the purpose;
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b) To be accompanied by supporting titles of the representation of the entities
celebrants, in accordance with Article 489 (2), issued by whom it may
link trade union associations and employers ' associations or the
celebrant employers;
(c) comply with the provisions of Article 490 (1);
d) To be accompanied by consolidated text, being the case;
(e) to comply with the provisions of paragraph 3, as well as the consolidated text, being
of that.
5-The application for deposit must be decided within 15 days of receipt of the
convention by the competent department.
6-A substantiated refusal of the deposit is immediately notified to the parties, being
returned the collective agreement, the consolidated text and the supporting titles of the
representation.
7-It is considered to be deposited the convention whose application for deposit is not decided in the
term referred to in paragraph 5.
Article 493.
Amendment of convention prior to the decision on the deposit
1-As long as the application for a deposit is not decided, the parties may carry out, by agreement,
any formal or substantial amendment of the Convention delivered for that purpose.
2-A The change referred to in the preceding paragraph shall interrupt the deposit term.
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SECTION IV
Personal scope of collective bargaining
Article 494.
Principle of membership
1-A Collective convention obliges the employer who subscribes to it or filleted in association
of celebrant employers, as well as employees at their service who are
members of union trade union celebrant.
2-A convention celebrated by union, federation or confederation obliges employers and
the employees affiliated, respectively, in employers ' associations or trade unions
represented by that organization when it celebrates on its own behalf, pursuant to the
respective statutes, or in accordance with the mandates referred to in paragraph 2 of the
article 489.
3-A-The convention covers workers and employers affiliated with celebrant associations
at the beginning of the negotiating process, as well as those who are affiliated for the duration of the
same.
4-Should the worker, the employer or the association in which any of them are enrolled if
desfilie de entity celebrant, the convention continues to apply until the end of the term of
effective for it to appear or, not to provide for a term of duration, for one year or, in
any case, up to the entry into force of convention which shall review it.
Article 495.
Choice of applicable convention
1-Should they be applicable, within the framework of a company, one or more collective agreements
or arbitral decisions, the worker who is not filleted in any trade union association
you can choose, in writing, which of those instruments is going to you to apply.
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2-A application of the Convention pursuant to paragraph 1 in basket case the employee is covered
by another convention concluded by trade union association in which it subsequently filings.
Article 496.
Application of convention in the event of a transmission of company or establishment
1-In the event of a transmission, by any title, of the title of company, or
establishment or even of part of a company or establishment constituting a
economic unity, the instrument of collective labour regulation that links the
transmitent shall apply to the purchaser until the expiry of the respective term or in the
minimum for 12 months from the transmission, save if in the meantime another instrument
of collective bargaining regulation of negotiating work by applying to the acquirer.
2-The provisions of the preceding paragraph shall apply to the transmission, assignment or reversal of the
operation of enterprise, establishment or economic unit.
SECTION V
Temporal scope of collective agreement
Article 497.
Effective and renewal of collective convention
1-A The collective convention vigour for the time frame of it and renews itself on the terms therein
predicted.
2-It is considered that the convention, if it does not provide for a term of duration, beams by the deadline of
one year and renews itself successively for equal period.
Article 498.
Denunciation of collective agreement
1-Any of the Parties may denounce the collective agreement, by communication
writing addressed to the other party, accompanied by a proposal for a global review.
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2-Do not consider themselves to be denunciation of mere proposal for a review of convention, not
determining the application of the overlapping and expiry regimen.
Article 499.
Overlapse and expiry of collective convention
1-A convention clause that makes the termination of this of the replacement conditional
by another instrument of collective work regulation lapses five
years on the verification of one of the following facts:
a) Last full publication of the convention;
b) Denpronunciation of the convention;
c) Submission of proposal for revision of the Convention which includes the review of the said
clause.
2-After the expiry of the clause referred to in the preceding paragraph, or in the event of a convention
that it does not regulate its renewal applies to the following figures.
3-Havendo denunciation, the Convention remains in the regime of over-duration during the
period in which you decorate the negotiation, including conciliation, mediation or arbitration
voluntary, or at a minimum for 18 months.
4-Elapsed the period referred to in the preceding paragraph, the Convention shall remain in force
for 60 days after any of the parties communicate to the ministry responsible for the area
labour and the other party that the negotiation process ended with no agreement, after which
lapse.
5-In the absence of an earlier agreement on the effects arising from the Convention in the event of
expiry, the minister responsible for the labour area notifies the parties, within the time limit
referred to in the preceding paragraph, so that, wanting, order these effects, by the time limit of 15
days.
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6-After the expiry and until the entry into force of another convention or arbitral decision,
remain the effects agreed by the parties or, in their absence, those already produced by the
convention in employment contracts with respect to employee retribution, category
and their respective definition, length of working time and social protection schemes whose
benefits are substitutive for those ensured by the general social security scheme or
with replacement protocol of the National Health Service.
7-In addition to the effects referred to in the preceding paragraph, the employee benefits from the remaining
rights and guarantees arising from the legislation of the work.
8-The parties may agree, during the period of the duration of the duration, the extension of the
effective of the convention for a definite period, by staying the agreement subject to deposit and
publication.
9-The agreement on the effects arising from the convention in the event of an expiry is subject
the deposit and publication.
Article 500.
Termination of the term of collective agreement
1. Collective convention may cease:
a) Mediating revocation by agreement of the parties;
b) By expiry, in the terms of the previous article.
2. Applying to the revocation of the rules regarding the deposit and publication of convention
collective.
3. The revocation undermines the rights arising from the convention, unless it is the same
expressly re-saved by the parties.
4-The competent department of the ministry responsible for the labour area proceeds to the publication
in the Bulletin of Labour and Employment of notice on the date of the expiry of the convention
collective, in the terms of the previous article.
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Article 501.
Succession of collective agreements
1-A The subsequent collective convention fully repeals the previous convention, save in the
material expressly ressalvated by the parties.
2-A The mere succession of collective agreements cannot be relied upon to decrease the level
of global protection of workers.
3-Rights arising from convention can only be reduced by new convention of
whose text consents to, in express terms, its globally more favourable character.
4-In the case provided for in the preceding paragraph, the new convention damages the rights
arising from the preceding convention, unless they are expressly re-salvaged by the
parts in the new convention.
CHAPTER III
Agreement of accession
Article 502.
Membership of the collective agreement or the arbitral decision
1-A trade union membership, employers ' association or employer can join
collective convention or the arbitration ruling in force.
2-A membership operates by agreement between the interested entity and the one or those that if
contrapify her in the negotiation of the convention, if she had participated.
3-Accession may not result in modification of the content of the convention or of the decision
arbitral, even if intended to apply only within the framework of the adhering entity.
4-To the accession agreement apply the rules regarding the deposit and the publication of
collective convention.
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CHAPTER IV
Arbitration
SECTION I
Common provisions on arbitration
Article 503.
Common provisions on arbitration for collective conflicts of work
1-The rules on mandatory content and deposit of collective agreement apply to the
arbitral decision, with the necessary adaptations.
2-The arbitrators send the text of the arbitral decision to the parties and the competent service of the
ministry responsible for the labour area, for the purpose of deposit and publication, within
five days from the decision.
3-A The arbitral decision produces the effects of the collective convention.
4-The general scheme of voluntary arbitration shall be subsidally applicable.
SECTION II
Voluntary arbitration
Article 504.
Admissibility of voluntary arbitration
At all times, the parties may agree to submit to arbitration the labour matters
resulting, inter alia, from the interpretation, integration, celebration or review of
collective convention.
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Article 505.
Operation of voluntary arbitration
1-A voluntary arbitration shall be governed by agreement of the parties or, failing that, by the provisions of the
following numbers.
2-A arbitration is carried out by three arbitrators, being two appointees, one for each part, and the
third chosen by those.
3-The parties inform the competent department of the ministry responsible for the labour area
of the beginning and the end of the procedure.
4-The arbitrators may be assisted by experts and have the right to obtain from the parties, the
ministry responsible for the labour area and the ministry responsible for the area of activity
the available information that they need.
5-Constituent counter-ordinance very serious non-appointment of arbitrator pursuant to paragraph 2
and constitute mild counterordinance to the violation of the provisions of paragraph 3.
SECTION III
Mandatory arbitration
Article 506.
Admissibility of mandatory arbitration
1-The resulting conflict of celebration collective agreement can be addressed by
mandatory arbitration:
(a) dealing with the first Convention, the requirement of either Party, since
that there have been protracted and fruitless negotiations, conciliation or mediation
frustrated and it has not been possible to drive the conflict through arbitration
voluntarily, by virtue of the other party's negotiating mis-faith, heard the Commission
Permanent of Social Concertation;
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b) Havendo recommendation in this direction of the Standing Committee on Concertation
Social, with a favourable vote of the majority of the members representatives of the
workers and employers;
c) On the initiative of the Minister responsible for the labour area, listened to the Commission
Permanent Social Concert when they are in cause essential services
intended to protect the life, health and safety of people.
2-The provisions of points (b) and (c) of the preceding paragraph shall apply in the case of review of
collective convention.
Article 507.
Determination of mandatory arbitration
1-A mandatory arbitration can be determined by reasoned dispatching of the
minister responsible for the labour area, attending:
a) to the number of employees and employers affected by the conflict;
b) To the relevance of the social protection of workers covered;
c) to the social and economic effects of the conflict;
d) To the position of the parties as to the subject matter of the arbitration.
2-The minister responsible for the labour area must hear from the parties beforehand or, in the case
of paragraph 1 (a) of the preceding Article, the counterparty required, as well as the entity
regulatory and supervisory sector of the sector of activity concerned.
3-A hearing of the regulator and supervisory body shall be made by the Commission
Permanent Social Concert in advance of the recommendation provided for in point (b) of the
n. 1 of the previous article, in the event of a conflict between parties represented by associations of
workers and employers with a seat in the Commission, if they require it
jointly.
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4-The dispatch that determines the mandatory arbitration is immediately notified to the
parties and to the Secretary-General of the Economic and Social Council.
5-The Code of Administrative Procedure is to be subsidarily applicable.
Article 508.
Regulation of mandatory arbitration
The scheme of compulsory arbitration, in what is not regulated in this section, appears in law
specific.
SECTION IV
Arbitration required
Article 509.
Admissibility of required arbitration
Case, after the expiry of one or more of the collective agreements applicable to a company,
group of companies or sector of business, no new convention is concluded in the 12
subsequent months, and there is no other convention applicable to at least 50% of the
employees of the same company, group of companies or sector of activity, may be
determined an arbitration required.
Article 510.
Determination of required arbitration
1-A arbitration required may be determined by reasoned order of the Minister
responsible for the labour area, upon application by any of the parties in the 12 months
subsequent to the expiry of the period referred to in the previous article.
2-To the order referred to in the preceding paragraph shall apply to Article 507 (4) and (5).
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3-The subject matter of the arbitration is defined by the parties or, if they fail to do so, by the
arbitrators, taking into consideration the circumstances and the positions taken by the parties
about the same.
Article 511.
Regulation of required arbitration
The necessary arbitration regime, in what is not regulated in this section, appears in law
specific.
CHAPTER V
Extension porterie
Article 512.
Extension of collective convention or arbitral decision
1-A Collective convention or arbitration award in force may be applied, in whole or in
part, by extension of extension to employers and integrated employees within the framework of the
sector of activity and professional defined in that instrument.
2-A extension is possible upon weighting of social and economic circumstances that
justifying it, namely the identity or economic and social similarity of the situations
within the scope of the extension and in the instrument to which it relates.
Article 513.
Subsidiarity
Extension porterie can only be issued in the lack of regulatory instrument
collective bargaining work.
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Article 514.
Competence and procedure for extension of extension porterie
1-Compete to the minister responsible for the labour area the issue of extension porterie,
unless there is opposition to this on economic order grounds, in which case the
competence is joint with that of the minister responsible for the sector of activity.
2-The minister in charge of the labour area sends out the draft of the portaria de
extension in the Bulletin of Labour and Employment.
3-Any natural or legal person who may be, even indirectly, affected
by the extension, may deduct reasoned opposition, in writing, in the 15 days following the
publication of the project.
4-The Code of Administrative Procedure is to be subsidarily applicable.
CHAPTER VI
Porterie of working conditions
Article 515.
Admissibility of porterie of working conditions
1-When social and economic circumstances justify it, there is no trade union association
or of employers nor is it possible to pore for extension, may be issued portaria de
conditions of work.
2-A The porterie of working conditions can only be issued in the lack of instrument of
collective regulation of negotiating work.
Article 516.
Competence and procedure for issuing of working conditions
1-Are competent for the issuance of porterie of working conditions the minister
responsible for the labour area and the minister responsible for the sector of activity.
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2-Preparatory studies of the porterie of working conditions are ensured by
a technical commission constituted by dispatching the minister responsible for the labour area.
3-A technical committee shall be formed by members appointed by the relevant ministers
for the issuance of the portaria and includes, where possible, aides designated by the
representatives of employees and interested employers, in number
determined by the constitutive dispatch.
4-A The technical committee should draw up the preparatory studies within 60 days of counting
of the dispatch that constitutes it.
5-The minister responsible for the labour area may, in exceptional situations, extend the
deadline provided in the preceding paragraph.
6-The provisions of Article 514 (2 a) (514) shall apply to the drafting of the
conditions of work.
CHAPTER VII
Publication, entry into force and application
Article 517.
Publication and entry into force of instrument for collective work regulation
1-The instrument of collective work regulation is published in the Bulletin of the
Work and Employment and come into force, after publication, under the law.
2-The provisions of the preceding paragraph shall be without prejudice to the publication of extension and of
would be of working conditions in the Journal of the Republic, of which the respective
entry into force.
3-The instrument of collective work regulation that is the subject of three revisions
consecutive partial is fully republished.
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Article 518.
Application of instrument of collective work regulation
1-The recipients of instrument of collective labour regulations shall
proceed in good faith in its compliance.
2-In the application of collective agreement or accession agreement, meets the circumstances
in which the parties substantiated the decision to hire.
3-Who to fail culturally to the fulfilment of emerging obligation of instrument of
collective labour regulation is responsible for the injury caused, in the terms
general.
Article 519.
Breach of arrangement of instrument of collective work regulation
1-A breach of arrangement of instrument of collective labour regulation
relating to a generality of workers constitutes serious counterordinance.
2-A breach of arrangement of instrument of collective labour regulation
constitutes, by each employee in relation to which the offence occurs, against-
light ordering.
3-The provisions of paragraph 1 shall not apply if, on the basis of paragraph 2, they are applicable to the
employer fines in which the somatory of the minimum values is equal to or greater than the
minimum quantitative of the applicable fine in accordance with paragraph 1.
SUBTCHAPTER III
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Collective conflicts of work
CHAPTER I
Resolution of collective conflicts of work
SECTION I
Principle of good faith
Article 520.
Good faith
Pending a collective conflict of work the parties must act in good faith.
SECTION II
Conciliation
Article 521.
Admissibility and the procedure of conciliation
1-The collective conflict of work, specifically resulting from the celebration or review of
a collective convention, can be solved by conciliation.
2-In the lack of conventional regulation, conciliation shall be governed by the provisions of the
the following number and the following article.
3-A conciliation can take place at any time:
a) By agreement of the parties;
b) On the initiative of one of the parties, in the event of a lack of response to the proposal for a celebration
or of review of collective agreement, or upon prior notice of eight days, in writing, à
other part.
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Article 522.
Procedure for conciliation
1-A conciliation is carried out by the competent department of the ministry responsible for the area
labour, advised, where necessary, by the competent department of the ministry
responsible for the sector of activity.
2-The application for conciliation shall state the situation that the reasoned and the subject matter of
same, joining proof of the advance notice in the case of being subscribed by one of the parties.
3-In the 10 days following the submission of the application, the competent department verifies the
regularity of that and summons the parties to the beginning of conciliation, owing, in the event of
review of collective convention, invite to conciliation the trade union association or
employers participating in the negotiation process and not involved in the application.
4-A trade union or employers ' association referred to in the second part of the preceding paragraph
must respond to the invitation within five days.
5-The parties convened must appear in conciliation meeting.
6-A The conciliation starts with the definition of the subjects on which it will focus.
7-In the event that conciliation is carried out by another entity, the parties shall inform the
respective beginning and term of the relevant department of the ministry responsible for the labour area.
8-Comete counterordinance major the trade union association, the employers ' association or
the employer who does not represent in a meeting so that it has been summoned.
Article 523.
Transformation of conciliation into mediation
The conciliation can be turned into mediation, pursuant to the following articles.
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SECTION III
Mediation
Article 524.
Admissibility and regime of mediation
1-The collective conflict of work, specifically resulting from the celebration or review of
a collective convention, can be resolved by mediation.
2-In the lack of conventional regulation, mediation is governed by the provisions of the number
next and in the following articles.
3-A mediation can take place:
a) By agreement of the parties, at any time, particularly in the course of conciliation;
b) On the initiative of one of the parties, one month after the start of conciliation, upon
communication, in writing, to the other party.
Article 525.
Procedure of mediation
1-A mediation is carried out by mediator appointed by the competent department of the ministry
responsible for the labour area, advised, where necessary, by the competent department
of the ministry responsible for the sector of activity.
2-The application for mediation shall state the situation that the reasoned and the subject matter of
same, gathering proof of the communication to the other party if it is subscribed to by one of the
parts.
3-In the 10 days following the submission of the application, the competent department verifies the
regularity of that and appoints the mediator, giving the fact knowledge to the parties.
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4-Should mediation be required by one of the parties, the mediator asks the other to
pronouns on the object of the same and, in case of divergence, decides to have in
consideration the feasibility of mediation.
5-For the drafting of the proposal, the mediator may ask the parties and any
department of the State the data and information that these have and that that
consider necessary.
6-Parties shall appear in meetings convened by the mediator.
7-The mediator shall refer the proposal to the parties within 30 days of its
appointment and, in the course of the period referred to in the following number, may contact any
of the parties separately, if it considers it to be convenient for the achievement of the agreement.
8-A The acceptance of the proposal by either party shall be communicated to the mediator in the
term of 10 days from its reception.
9-Received the responses or elapsed the deadline set out in the preceding paragraph, the
mediator communicates simultaneously to each of the parties, the acceptance or refusal of the
proposal, within two days.
10-The mediator shall keep secrecy about the information received in the course of the
procedure that are not known to the other party.
11-Comete counterordinance major the trade union association, the employers ' association
or the employer who does not make themselves represented at a meeting convened by the mediator.
Article 526.
Mediation by another entity
1-The parties may request the minister responsible for the labour area, upon
joint application, the appeal to a constant personality of the list of arbitrators
presidents to perform the roles of mediator.
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2-Should the minister agree and the chosen personality accepted to be a mediator, the
corresponding charges are borne by the ministry responsible for the labour area.
3-In the event that mediation is not carried out by the competent department of the ministry
responsible for the labour area, this shall be informed by the parties of the respective commencement and
term.
SECTION IV
Arbitration
Article 527.
Arbitration
The collective conflicts of work that do not result from the celebration or review of
collective agreement may be addressed by arbitration, in the terms provided for in the Articles
504. and 505.
CHAPTER II
Strike and ban on lock-out
SECTION I
Strike
Article 528.
Right to strike
1-A strike constitutes, under the Constitution, a right of the workers.
2-Compete for workers to define the scope of interests to be defended through the strike.
3-The right to strike is irrenunciable.
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Article 529.
Competence to declare the strike
1-The appeal to the strike is decided by trade union associations.
2-Without prejudice to the provisions of the preceding paragraph, the assembly of workers of the
company may deliberate the resort to strike as long as most workers are not
represented by trade union associations, the assembly is convened for the purpose by 20%
or 200 workers, the majority of the workers participate in the vote and the deliberation is
approved by secret ballot by the majority of voting voters.
Article 530.
Representation of workers on strike
1-The striking workers are represented by the association or trade union associations
who have decided to appeal the strike or, in the case referred to in Article 2 (2), by a
strike committee, elected by the same assembly.
2-The entities referred to in the preceding paragraph may delegate their powers of
representation.
Article 531.
Strike picket
Trade union association or strike committee can arrange pickets to develop
activities aimed at persuading, by peaceful means, the workers to join the strike,
without prejudice to the respect for the freedom of work of non-adherents.
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Article 532.
Advance notice of strike
1-A entity that decides the appeal to the strike should address the employer, or the association of
employers, and the ministry responsible for the labour area, a notice in advance
minimum of five working days or, in situation referred to in Article 535 (1), 10 working days.
2-The advance notice of strike shall be made by idoidal means, in particular in writing
or through the media.
3-The advance notice shall contain a proposal for the definition of services required by
safety and maintenance of equipment and facilities and, if the strike takes place in company
or establishment that deters to the satisfaction of impreterable social needs, a
proposal for minimum services.
4-Case the services referred to in the preceding paragraph are set out in instrument
of collective labour regulations, this may determine that the prior notice does not
needs to contain proposal on the same services, as long as it is properly
identified the respective instrument.
Article 533.
Ban on replacement of strikers
1-The employer cannot, during the strike, replace the strikers with people who, at the date
of the prior notice, did not work on the respective establishment or service, nor can it,
from that date, admit workers to that end.
2-A job as a strike worker may not, during this, be carried out by
company contracted for that purpose, save in the event of non-compliance with the services
minimums necessary to the satisfaction of impreterable social needs or safety and
maintenance of equipment and facilities and in the strict extent necessary for the provision
of these services.
3-Constitui counterordinate very serious violation of the provisions of the preceding paragraphs.
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Article 534.
Effects of the strike
1-A strike suspending the contract of work of adherent worker, including the right to
retribution and the duties of subordination and assiduity.
2-During the strike, they remain, in addition to the rights, duties and guarantees of the parties that do not
presuppose the effective provision of the work, the rights provided for in legislation of
social security and benefits due by accident of work or illness
professional.
3-The suspension period counts for effects of seniority and is without prejudice to the effects
arising from this.
Article 535.
Obligation to provide services during the strike
1-In company or establishment that is fearless to the satisfaction of social needs
impretertibles, the trade union association declaring the strike, or the strike commission in the case
referred to in Article 529 (2), and adherent workers shall ensure, during the
same, the provision of the minimum services indispensable to the satisfaction of those
needs.
2-It is considered, inter alia, company or establishment that is intended for satisfaction
of impreterable social needs what integrates in some of the following sectors:
a) Posts and telecommunications;
b) Medical, hospital and medical-use services;
c) public salubrity, including the achievement of funerals;
d) Energy services and mines, including fuel supply;
(e) water supply;
(f) firefighters;
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g) Public service services that ensure the satisfaction of needs
essentials whose provision falls to the State;
h) Transport, including ports, airports, railway stations and
trucking, relating to deteriorable passengers, animals and food and the
essential goods to the national economy, covering their respective loads and discharges;
i) Transport and security of monetary values.
3-A trade union association declaring the strike, or the strike committee in the case referred to in para.
2 of Article 529, and the adherent workers must pay, during the strike, the
services required for the safety and maintenance of equipment and facilities.
4-Workers affections for the provision of services referred to in the preceding paragraphs
remain, in the strict extent necessary for such provision, under the authority and direction of the
employer, having particular right to retribution.
Article 536.
Definition of services to be ensured during the strike
1-The services provided for in paragraphs 1 and 3 of the preceding Article and the means necessary for the
ensure must be defined by instrument of collective work regulation
or by agreement between the employees ' representatives and employers covered
by the prior notice or the respective employers ' association.
2-In the absence of foresight in the instrument of collective labour regulations or
agreement on the definition of the minimum services provided for in paragraph 1 of the previous article, the
competent service of the Ministry responsible for the labour area, advised always
which required by the competent department of the Ministry responsible for the sector of
activity, convenes the entities referred to in the preceding paragraph for the negotiation of a
agreement on the minimum services and the means necessary to ensure them.
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3-In the negotiation of minimum services relating to strike substantially identical to, by the
less, two previous strikes for which the definition of minimum services by
arbitration has equal content, the service referred to in the preceding paragraph proposes to
parts that accept that same definition, and should, in the event of rejection, the same
appear in the minutes of the negotiation.
4-In case referred to in the previous figures, in the lack of agreement in the three later days
to the advance notice of strike, the minimum services and the means necessary to ensure them
are defined:
a) By joint order, duly substantiated, of the minister responsible for the area
labour and the minister responsible for the sector of activity;
(b) dealing with the service of the direct or indirect administration of the State or company of the
corporate sector of the State, by arbitral tribunal, constituted in the terms of law
specific about mandatory arbitration.
5-A The definition of minimum services should respect the principles of necessity, of
suitability and proportionality.
6-The order and the decision of the arbitral tribunal provided for in the preceding paragraph shall produce
effects immediately after its notification to the entities referred to in paragraph 1 and
shall be affixed to the premises of the company, establishment or service, in places
intended for the information of workers.
7-Representatives of the striking workers must designate the workers who
sticks to the provision of the defined minimum services and to inform the fact the
employer, up to 24 hours prior to the start of the strike period or, if they fail to do so,
should the employer proceed to that designation.
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Article 537.
Term of the strike
The strike ends by agreement between the parties, by deliberation of entity that has it
declared or at the end of the period for which it was declared.
Article 538.
Prohibition of coaction, injury or discrimination of worker
1-Is void the act involving coaction, injury or discrimination of worker by
reason for joining or not the strike.
2-Constitui counterordinance very serious the act of the employer involving coaction of the
worker in the sense of not joining the strike, or who harm or discriminate by adhering
or not the strike.
Article 539.
Effects of strike declared or executed in a manner contrary to the law
1-A absence of worker by reason of adherence to strike declared or performed from
contrarian form of the law considers itself to be unjustified.
2-The provisions of the preceding paragraph shall be without prejudice to the application of the general principles in
matter of civil liability.
3-In the event of non-compliance with the obligation to provide minimum services, the Government
may determine the requisition or mobilization, under the terms provided for in specific legislation.
Article 540.
Regulation of strike by collective convention
1-A The collective agreement may regulate in addition to the subjects referred to in paragraph 2 (g) of the
article 490, conflict resolution procedures likely to determine the
resort to strike, as well as limit the appeal to strike by trade union membership
celebrant, for the duration of that, with the purpose of modifying its contents.
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2-A The limitation provided for in the second part of the preceding paragraph shall be without prejudice,
particularly the declaration of strike on the grounds of:
a) In the abnormal change of circumstances in which the parties substantiated the decision
of hiring;
b) No failure to comply with the collective agreement.
3-The worker cannot be held responsible for the membership of the strike declared in
non-compliance with limitation provided for in paragraph 1.
SECTION II
Lock-out
Article 541.
Concept and prohibition of lock-out
1-Consider lock-out any total or partial shutdown of the company or the interdiction of the
access to places of work to some or to the totality of employees and, still, the refusal
in providing work, conditions and working instruments that determine or may
determine the shutdown of all or some sectors of the company, provided that in
any case, aim to achieve purposes allheiing to the normal activity of the company, by
unilateral decision of the employer.
2-It is forbidden the lock-out .
3-Constitui counterordinate very serious violation of the provisions of the previous number.
Article 542º
Criminal liability in respect of strike or lock-out
1-A violation of the provisions of Article 533 (1) or (2) or Article 538 (1) is
punished with penalty of fine up to 120 days.
2-A violation of the provisions of Article 541 (2) is punishable by imprisonment of up to two
years or with penalty of fine up to 240 days.
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BOOK II
Criminal and counter-ordinance responsibilities
CHAPTER I
Criminal responsibility
Article 543.
Responsibility of legal persons and equiparades
Legal persons and equiparous entities are responsible, in the general terms, for the
crimes provided for in this Code.
Article 544º
Qualified disobedience
Incurs the crime of qualified disobedience the employer who:
a) Do not present to the service with the inspective competence of the ministry responsible for
labour area document or other registration by this requisite which interest the
clarification of any labour situation;
(b) to conceal, destroy or damage document or other registration that has been requested
by the service referred to in the preceding paragraph.
CHAPTER II
Counterordinational liability
Article 545.
Notion of labour counter-ordinance
Constitutes labour counter-ordinance the typical, illicit and objectionable fact that substantiates the
violation of a standard that disclaims rights or imposes duties to any subject in the
scope of employment relationship and which is punishable by fine.
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Article 546.
Regime of labour counter-ordinations
Labour counter-ordinations are regulated by the provisions of this Code and,
subsidiary, by the general regime of counter-ordinations.
Article 547.
Punishability of negligence
The negligence in the labour counter-ordinations is always punishable.
Article 548.
Subject responsible for labour counter-ordinance
1-The employer is the one responsible for counter-ordinations practiced by their
workers in the exercise of their respective duties, without prejudice to the liability
committed by law to other subjects.
2-When a contra-ordering type has per agent the employer covers also the
legal person, the association without legal personality or the special committee.
3-If the subcontractor, when executing all or part of the contract on premises of the
contractor or under its responsibility, violate provisions to which it corresponds to a
very serious offence, the contractor is responsible jointly and severally for the payment of the
corresponding fine, save if it demonstrates that it acted with due diligence.
4-If the offender referred to in the preceding paragraph is a legal person or equated person,
reply by the payment of the fine, severally with the one, the respective
administrators, managers or directors.
Article 549.
Gravity scales of the labour counter-ordinations
For determination of the applicable fine and taking into account the relevance of the interests
breached, the labour counter-ordinances are classified in light, serious and very serious.
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Article 550.
Values of fines
1-A each level of severity of the labour counter-ordinations corresponds to a fine
variable depending on the turnover of the company and the degree of the fault of the offender,
save the provisions of the following article.
2-The minimum and maximum limits of the corresponding fines the light counterordinance are
the following:
a) If practiced by company with turnover lower than (euro) 10000000, from 2 UC to
5 UC in case of negligence and from 6 UC to 9 UC in case of dolo;
b) If practiced by company with turnover equal to or greater than (euro) 10000000,
from 6 UC to 9 UC in case of negligence and from 10 UC to 15 UC in case of dolo.
3-The minimum and maximum limits of the fines corresponding to serious counterordinance are
the following:
a) If practiced by company with turnover lower than (euro) 500000, from 6 UC to
12 UC in case of negligence and from 13 UC to 26 UC in case of dolo;
b) If practiced by company with turnover equal to or greater than (euro) 500000 and
lower (euro) 2500000, from 7 UC to 14 UC in case of negligence and from 15 UC to 40 UC in
case of dolo;
c) If practiced by company with turnover equal to or greater than (euro) 2500000
euros and lower than (euro) 5000000, from 10 UC to 20 UC in case of negligence and 21 UC a
45 UC in case of dolo;
d) If practiced by company with turnover equal to or greater than (euro) 5000000 and
lower than (euro) 10000000, from 12 UC to 25 UC in case of negligence and from 26 UC to 50 UC
in case of dolo;
e) If practiced by company with turnover equal to or greater than (euro) 10000000,
from 15 UC to 40 UC in case of negligence and from 55 UC to 95 UC in case of dolo.
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4-The minimum and maximum limits of the corresponding fines the counter-ordering very
serious are as follows:
a) If practiced by company with turnover lower than (euro) 500000, from 20 UC to
40 UC in case of negligence and from 45 UC to 95 UC in case of dolo;
b) If practiced by company with turnover equal to or greater than (euro) 500000 and
lower (euro) 2500000, from 32 UC to 80 UC in case of negligence and from 85 UC to 190 UC
in case of dolo;
c) If practiced by company with turnover equal to or greater than (euro) 2500000 and
lower than (euro) 5000000, from 42 UC to 120 UC in case of neglect and from 120 UC to 280
UC in case of dolo;
d) If practiced by company with turnover equal to or greater than (euro) 5000000 and
lower than (euro) 10000000, from 55 UC to 140 UC in case of neglect and from 145 UC to 400
UC in case of dolo;
e) If practiced by company with turnover equal to or greater than (euro) 10000000,
from 90 UC to 300 UC in case of negligence and from 300 UC to 600 UC in case of dolo.
5-The turnover reports to the calendar year prior to that of the practice of the offence.
6-Should the company have no activity in the calendar year prior to that of the practice of the infringement,
considers itself the turnover of the most recent year.
7-In the year of commencement of activity are applicable limits for company with
business volume lower than (euro) 500000.
8-If the employer does not indicate the turnover, the prescribed limits apply for
company with turnover equal to or greater than (euro) 10000000.
9-A acronym UC corresponds to the procedural unit of account.
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Article 551.
Values of fines applicable to agent that is not a company
1-A each step of gravity of the counter-ordinations, in which case the agent is not
a company, correspond to the fines referred to in the following numbers.
2-A lightweight counterordinance corresponds to fine of 1 UC to 2 UC in case of negligence or
from 2 UC to 3.5 UC in case of dolo.
3-A serious counterordinance corresponds to fine of 3 UC to 7 UC in case of negligence
or from 7 UC to 14 UC in case of dolo.
4-A very serious counterordinance corresponds to fine of 10 UC to 25 UC in case of
negligence or from 25 UC to 50 UC in case of dolo.
Article 552.
Special criteria of measure of the fine
1-The maximum values of the fines applicable to very serious counterordinations provided for
in Article 550 (4) are high for double in situation of violation of standards
on work of minors, safety and health at work, rights of structures of
collective representation of workers and right to strike.
2-In the event of a plurality of agents responsible for the same counter-ordinance is
applicable the fine corresponding to the company with the highest turnover.
Article 553.
Dolo
The disrespect of recommended measures in self-warning is weighted by the
competent administrative authority, or by the adjudicator in the event of a judicial challenge,
specifically for the purposes of the aferment of the existence of doleful conduct.
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Article 554.
Plurality of counter-ordinations
1-When the violation of the law affects a plurality of workers individually
considered, the number of counter-ordinations corresponds to the number of workers
concretely affected, in the terms of the following numbers.
2-It is considered that the violation of the law affects a plurality of workers when
these, in the exercise of their respective activity, were exposed to a concrete situation of
danger or suffered damage resulting from unlawful conduct of the offender.
3-A plurality of offences gives rise to a process and the offences are sanctioned
with a single fine that may not exceed double the maximum fine applicable in
concrete.
4-If, with the offence practiced, the agent has obtained an economic benefit, this must be
taken into account in determining the measure of the fine in accordance with the provisions of Article 18.
of the General Regime of the Contra-ordinations.
Article 555.
Determination of the measure of the fine
1-In the determination of the measure of the fine, in addition to the provisions of the general regime of the against-
ordinances, are still serviceable the measure of the default of the recommendations
Warning auto constants, coating, falsification, simulation or other means
fraudulent used by the agent.
2-In the case of violation of safety and health standards at work, they are also
attendant the general principles of prevention to which they must obey the measures of
protection, as well as the permanence or transience of the offence, the number of
potentially affected workers and the measures and instructions adopted by the
employer to prevent the risks.
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3-Crying the contract of employment, in the event that the accused complies with the provisions of the article
244º, and proceed to the voluntary payment of the fine for violation of the provisions of paragraph 1 or
5 of Article 237, in paragraphs 1, 4 or 5 of Article 238 or in paragraphs 1, 2 or 3 of Article 243,
this is settled by the value corresponding to the lightweight counterordinance.
Article 556.
Dispensation of fine
The fine laid down for the counter-ordinations referred to in Article 352 (4), in paragraph 2 of the
article 354, in Article 355 (7), in Article 356 (8), Article 357 (6), para.
n Article 359 (6), Article 360 (6), Article 362 (6), para. 6, para.
n Article 368 (2), Article 370 (5), Article 374 (5), Article 374 (2)
375., in Article 377 (3) or in Article 379 (3) in the party where it relates to
violation of paragraph 1 of the same article, does not apply should the employer assure the
worker the rights referred to in Article 387.
Article 557.
Reoffending
1-It is sanctioned as recidivist who commits a serious counterordinance practiced
with dolo or a very serious counterordinance, after having been convicted of another
serious counterordinance practiced with dolo or very serious counterordinance, if among the
two offences have elapsed within a period not exceeding that of the limitation period of the first.
2-In the event of a recidivism, the minimum and maximum limits of the fine are high in a
third of the respective value, and this may not be lower than the value of the fine imposed by the
previous counterordinance provided that the minimum and maximum limits of this are not
superior to those.
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Article 558.
Ancillary sanctions
1-In the case of very serious counterordinance or recidivism in serious counterordinance,
practiced with dolo or gross negligence, it is applied to the agent the ancillary sanction of
advertising.
2-In situation provided for in the preceding paragraph, taking into account the gravy effects for the
worker or economic benefit withdrawn by the employer with the default,
may still be applied to the agent the following ancillary sanctions:
a) Interdiction of the exercise of activity in the establishment, fApril unit or shipyard
where to check the offence, for a period up to two years;
b) Privacy of the right to participate in public pitching or contests, by a
period up to two years.
3-A publicity of the sentencing decision consists of the inclusion in public register,
made available on the electronic page of the service with inspective competence of the ministry
responsible for the labour area, of an extract with the characterization of the counterordinance, the
violated standard, the identification of the offender, the sector of activity, the place of the practice of the
infringement and the sanction applied.
4-A advertising referred to in the preceding paragraph shall be promoted by the competent court, in
relation to counterordinance object of judicial decision, or by the service referred to in the same
number, in the remaining cases.
Article 559.
Dispensation and elimination of advertising
1-A ancillary sanction of advertising may be waived, taking into account the
circumstances of the offence, if the agent has immediately paid the fine to which it was
doomed and if it has not practiced any serious or very serious counterordinance in the
five years prior.
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2-Elapsed one year since the publicity of the sentencing decision without the agent having
been again condemned by serious counterordinance or very serious, it is the same
removed from the register referred to in the previous article.
Article 560.
Fulfillment of duty omitted
1-Whenever the labour counter-ordinance consists of the omission of a duty, the payment
of the fine does not waiver the offender of his or her compliance if this is still possible.
2-A The decision that applies the fine shall contain, where appropriate, the order of payment of
quantitative in debt to the employee, to be carried out within the time limit set for the
payment of the fine.
3-In the event of non-payment, the decision referred to in the preceding paragraph serves as the basis of
execution carried out pursuant to Article 89 of the Decree-Law No. 433/82 of 27 of
October, applying to the standards of the common process of execution for payment of
right amount.
Article 561.
Individual registration
1-The service with the inspective competence of the ministry responsible for the labour area
organizes an individual register of the subjects responsible for the labour counter-ordinations,
of national scope, of which the offences practiced, the dates on which they were
committed, the fines and ancillary sanctions applied, as well as the dates on which the
sentencing decisions have become irrecurrable.
2-The courts and the departments of the regional administrations of the Azores and Madeira
with competence for the application of fines referred to the service referred to in the number
previous the elements in this nominee.
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Article 562.
Fate of fines
1-In proceedings whose instruction is committed to the service with inspective competence of the
ministry responsible for the labour area, half of the product of the applied fine revert to
this, in the title of compensation of operating costs and procedural expenses, having the
remnant the following destination:
a) Pension Guarantee and Actuation Fund, in the case of applied fine in respect of
safety and health at work;
b) 35% for the service responsible for the financial management of the Social Security budget
and 15% for the State Budget, relatively the other fine.
2-The service referred to in the preceding paragraph transfers quarterly to the entities
referred to in the previous number the importances to which they are entitled.