1

PROPOSED LAW NO. 284 /X/4.

Exhibition of Motives

The amendment of the Code of Work Process, approved by the Decree-Law No. 480/99, of

September 9, it is justified, since soon, by the need for suitability for changes

introduced in substantive employment law since the date of its entry into law

vigour. The passage of a Labor Code in 2003, as well as the new realities

jurydico-laborals introduced with the revision of that Code operated by Law No. 7/2009, of

February 12, imply the adjustment of existing procedural means in the current

Labour Process Code to ensure the enforceability of labour law

noun.

Add to the circumstance that it has occurred, however, deep reform of the legislation

civil procedural, with natural reflections in the labour process, particularly in relation to

resources, process of implementation, and the possibility for the parties to agree on the resolution

extrajudicial of the dispute, in concrete, through the recourse to mediation systems. Imprints,

so, the suitability of various process standards of the work to the guiding principles

of civil procedural reform.

It matters, anyway, to carry out a targeted review in the direction of greater speed, more

effectiveness and increased functionality of a process that will accompany the new realities of the

working relationships, in the name of the rapidity of response that should inspire conflictuality

labour, even for ensuring the pacification and the normality of operation of a sector

particularly sensitive in the context of the social relationship, pore of morosity or

the greatest difficulty in the solution of the issues affects not only the workers, but also

employers and the economy in general.

2

The introduction of changes in the procedural discipline of labour law ensures the

enforceability of the new legal realities-abortions introduced with the revision of the Code

of the Work, operated by Law No. 7/2009, of February 12, and allows the suitability of

various process standards of the work to the guiding principles of procedural reform

civil. In that measure, the present legislative authorization for amendment of the Code of Procedure

of Work is for the purpose of giving greater speed, efficacy and functionality to a

process that will accompany the new realities of working relationships, in the name of rapidity

response that the labour confliction requires, for the benefit of legal certainty, of the

workers, employers and the economy in general.

For the achievement of the pointed objectives, it is important to provide for the allocation of the

judicial capacity to the structures of collective representation of workers, as well as

your legitimacy in the actions in which you are concerned with the qualification of information such as

confidential or the refusal to provide information or to conduct consultations by

part of the employer.

It is also judged to be timely to regulate in innovative molds the subject matter of the procedures

cautionary, emphasizing once again the rapid response required by labour issues and the

social relevance of the interests covered by the right of labour.

Pursuing the reform of substantive labour law, in the wake of the proposed by the

White Paper on Labor Relations and substantiated in the concertation agreement

social between the Government and the Social Partners for Reform of Labour Relations, from 25 of

June 2008, it is now created in the adjective right a declarative action of condemnation with

special process for judicial challenge of the regularity and liceness of the dismissal,

of an urgent nature, which admits always recourse to the Relation, applicable to cases in which

is communicated in writing to the employee the decision of individual dismissal, whether by

fact that is attributable to the worker, be it by extinction of the job, whether it is still by

inadaptation.

3

Also the possibility of opposition from the employer to the reintegration required by the

worker must be accompanied, in the adjective plan, by the consecration of a standard

which has when and in what way such faculty can be exercised. Already at the stage of the sentence, the

legislator spelt out the obligations of the convicted employer in reintegration, establishing

legal consequences for the situation of possible default. Clarifies now that

the employee may obtain, within the framework of the execution itself, the conviction of the employer

on compulsory pecuniary penalty, even in cases where this had not been

previously established in the declaratory process. The consecrated solution comes, thus,

to standardize the jurisprudential practice and to strengthen the worker's guarantees.

Innovatively, three other new special processes are created as well, with nature

urgent, which give exibility, once again, to the innovations of the substantive regime:

i) The one of impugning the confidentiality of information or refusal of your

provision or the holding of consultations, created for warranty of normal

operation of the duty of reservation and confidentiality of the members of the

structures of collective representation of workers in respect of

information that has been communicated to them by the employer and, as well,

of the possibility of refusal to provide information by the employer;

ii) What is intended to tutelise the personality rights, inspired by the process

special of tutelage of personality, name and confidential correspondence

provided for in the Code of Civil Procedure, on the grounds of the similarity of the values in

presence;

iii) With respect to actions concerning equality and non-discrimination depending on the

sex, which aims to ensure in a speedy manner the possibility of recourse to the courts

to tutelage from the right to equal treatment at work, employment and the

vocational training.

4

It is further envisaged that the provisions relating to the contravenonal criminal procedure are

repealed en bloc, in accordance with the conversion of labour offences and

respective sanctions on the right of mere social ordering, regulated in the Labour Code,

and whose legal regime will be regulated by new diploma.

Finally, the jurisdiction of the courts of labour for the control of legality is clarified

of the constitution and the statutes of trade union associations, employers ' associations and

committee of workers, changing to the effect the necessary legal provisions

relating to the organization and operation of the judicial courts.

The governing bodies of the Autonomous Regions, the Council, should be heard

Superior of the Public Prosecutor's Office, the Superior Council of the Magistrature, the Higher Council

of the Administrative and Fiscal Tribunals, the Order of Lawyers, the Order of the

Solicitors, and, upon public discussion to be held in the Assembly of the Republic, shall

be assured all necessary procedures for the guarantee of the participation of the

representative structures of workers and employers, in accordance with the

provisions of Articles 470 and 472 of the Labour Code.

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:

Article 1.

Subject

The Government shall be authorized:

a) To amend the Code of Work Process, approved by the Decree-Law n.

480/99, of September 9;

5

b) To clarify the terms in which, until the entry into force of Article 391 (1) of the

Code of Labour, passed by Law No. 7/2009 of February 12, the

worker may opt for compensation in replacement of reintegration;

c) To provide for the jurisdiction of the courts of the work in civil matters for the

control of the legality of the constitution and the statutes of the trade union associations,

employers 'associations and workers' commissions, changing to the

effect the necessary legal provisions relating to the organisation and operation

of the judicial courts;

d) To create mechanisms for encouraging recourse to labour mediation.

Article 2.

Sense and extension

The sense and extent of the legislative authorization granted in the previous article are the

following:

a) Predicting in the labour process the allocation of judicial capacity to the structures of

collective representation of the workers, albeit destitute from

legal personality, covering, inter alia, company advice

Europeans and too many structures instituted in companies and groups of companies

transnational or community dimension;

b) To provide for the active legitimacy of structures of collective representation of the

workers in the actions in which they are concerned with the qualification of information

as confidential or the refusal to provide information or to carry out

consultations on the part of the employer;

6

c) To explain that the Public Prosecutor's Office possesses active legitimacy in the actions

relating to the monitoring of the legality of the constitution and the statutes of associations

union, employers 'associations and workers' commissions, as well as

in the actions for cancelling and interpreting clauses of collective agreements of

work;

d) Extending the international competence of the courts of the work to the situations of

posting of workers to other states regulated in the Code of the

Work, and transfer to the labour process the standards of competence

international relating to European works councils and procedures of

information and consultation in which there is a relevant connection to the territory

national;

e) Broadening the scope of the shares of settlement and sharing of goods from institutions of

foresight and trade union associations and others in which such

institutions or associations to employers ' associations and the commission of

workers, as the latter, and may enjoy personality

legal and judicial, they may also assume the position of respondent;

f) Amend the standards on notification and citation, and notification and reporting

of the witnesses, notably allowing the respondent by teleconference,

approximating the respective scheme of the envisaged in the civil procedure;

g) To provide for the possibility for the parties to agree on the out-of-court settlement of the dispute

through recourse to mediation systems, to the resolution of the conflicts that

affect workers and employers, applying the rules of the Code of

Civil procedure on the matter;

h) Allow the parties to make themselves represented by mandatary with powers

special to confess, give up or transigir in the cases of justified

impossibility of comparency, and define the consequences and comination

applicable to the parties in the event of a lack of unwarranted comparisons;

7

i) Unify the specified cautionary procedures of suspension of

individual dismissal and suspension of collective dismissal in a single

nominated procedure, which behaves always opposition and in which it is admitted

any means of proof, fixing to the parties the maximum limit of witnesses in

three, and define the causes of extinction of that procedure;

l) Predict the timing and mode of the employer to object to the required reintegration

by the worker;

m) To explain the obligations of the convicted employer in the reintegration,

establishing legal consequences for the situation of eventual

default, clarifying also that the worker can obtain, in scope

of the execution itself, the conviction of the employer in pecuniary sanction

compulsory, even in cases where this had not previously been

established in the declaratory process;

n) To amend the standards on resources and in the process of implementation,

approximating the respective scheme of the envisaged in the civil procedure;

o) Create a declarative action of condemnation with special process for

judicial challenge of the regularity and liceness of dismissal, of nature

urgent, which admits always recourse to the Relation, applicable to cases in which

be communicated in writing to the employee the dismissal decision

individual, whether by fact attributable to the worker, is by extinction of the post of

work, be it still by inadaptation, and:

i) To identify the situations in which the constitution of lawyer is mandatory;

ii) Define that the employer presents the first articulate, in which

substantiates the dismissal, and predicts that the non-presentation of the same

determines the ilicitude of dismissal;

8

iii) Predicting the possibility of the worker contesting the articulate of the

employer and at the same time claim all the credits you are entitled to

by virtue of that contract of employment;

iv) Establish that the evidence to be produced at trial hearing begins

with the one offered by the employer;

v) Case the decision of the action in the first instance occurs after decorations

12 months since the beginning of the action, excepting the periods of suspension of the

instance, mediation, attempt at conciliation and improvement of the

articulated, and the dismissal is found to be unlawful, to predict that the court

determines that it is carried out by the competent authority of the area of security

social the payment to the employee of the retributions due after that

deadline and up to the decision in the first instance;

vi) Establish that the budget allocation to bear the said burdens is

entered annually in the State Budget, under its own heading;

vii) Define the value of the cause as well as the cost regime applicable to the action;

p) Create three new special processes, with urgent nature, for i) challenge of the

confidentiality of information or refusal of your provision or the realization of

queries; ii) for tutelage of personality rights, inspired by the special process

of tutelage of the personality, the name and the confidential correspondence provided for in the

Code of Civil Procedure; iii) for actions relating to equality and non-discrimination

in the function of sex;

q) To repeal the provisions relating to the counterventional criminal procedure.

9

Article 3.

Duration

The present legislative authorization has the duration of 120 days.

Seen and approved in Council of Ministers of May 7, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

10

With the present diploma, a set of changes in the procedural discipline are carried out

of the right to work, justified by the need for adequacy to the new realities

jurydico-laborals introduced with the revision of the Labour Code, operated by Law n.

7/2009, of February 12. It is therefore aimed at ensuring the enforceability of labour law

noun, proceeding, in cases, to the adjustment of existing procedural means

in the current Labor Process Code, in others, to the creation of new mechanisms

procedurals, in others still, proceeds only to the compatibilization of the terminology of the

Code of Work Process with the one used in the Labour Code.

1-From the point of view of the general modifications, the terms "employer entity",

"disciplinary process" and "salary", are replaced respectively by " entity

employing "or" employer "," disciplinary procedure "and" retribution ".

2-Within the scope of judicial capacity, it is shifted to the labour process, its registered office

natural, the norm of attribution of judicial capacity to structures of representation

collective of workers who ensure the information and consultation of employees in

companies or groups of transnational companies and regulates the institution of advice from

european enterprise or simplified information and consultation procedures in

companies and groups of companies of community dimension.

3-Legislation is also in the sense of explaining, by a taxative enunciation, the

actions relating to the monitoring of the legality and guardian of collective interests for which the

Prosecutor's Office possesses active legitimacy. Among them are, inter alia, the actions of

cancellation and interpretation of clauses of collective labour agreements.

4-Data for labour litigation reveal that a large number of the conflicts

presented with the labour courts ends by agreement concluded between the parties,

that is, without there being a need for a court decision to impose a particular

regulation of the dispute.

11

The Labour Mediation System (SML) results from an agreement promoted by the Ministry

of Justice with all the social partners, materialized in a protocol signed in 5 of

May 2006, and which allows for the resolution of individual conflicts of work as long as it does not

relate to unavailable rights or result from accidents at work.

At this time, the SML covers already the whole territory of mainland Portugal,

by checking that, in more than half of the cases that follow for mediation, the process

ends with agreement. In this sense, it is stated, as a general principle, the possibility of the

parties to agree on the extrajudicial resolution of the dispute, in concrete, through the appeal to

mediation systems, for the resolution of conflicts affecting employers and

workers, applying the rules set out in the Code of Civil Procedure on the

matter, which establish, inter alia, that the intervention of a mediator may

allow to suspend the expiry and limitation periods that are under way, which

makes the submission of a legal action unnecessary solely to prevent the

expiry or limitation of your rights, when there is still the possibility to resolve

the conflict by agreement. It is also made possible that at any time of an action

judicial, the case may be referred to mediation on the initiative of the judge or the parties.

5-A The international competence of the courts of the work is extended to the situations of

posting of workers to other States regulated in the Labour Code,

understanding it is appropriate to proceed, simultaneously, to the transfer, to the process

labour and with the necessary adaptations, of the standards of international relative competence

to European company boards and to information and consultation procedures in which

there is a relevant connection to the national territory.

It is anticipated, on the other hand, to extend the scope of the shares of settlement and sharing of

goods from provident institutions and trade union associations and others in which they are required

such institutions or associations to the employers ' associations and the commission of

workers, as the latter, and may enjoy legal personality and

judicial, they may also assume the position of respondent.

12

6-With respect to citations and notifications, it proceeds only to the amendment of the standard that

determines that the notification of the party must precede that of his or her representative or patron

officious, eliminating itself, in line with what was already being championed by the doctrine

and jurisprudence, the priority there established.

Changes in notification and reporting are still made.

witnesses, bringing the respective regime of the envisaged in the civil procedure closer. Consact,

inter alia, the possibility of surveyor via teleconference.

7-The chapter on the cautionary procedures is the subject of significant changes

background and form in the section referring to the procedures specified, without prejudice to the

maintenance, in the regulated terms in the current Labor Process Code, of the

general principle of admissibility of recourse to unspecified procedures and the

regime of the common cautionary procedure.

From the systematic point of view, the greatest novelty in the cautionary domain is the merger of the

specified procedures of suspension of individual dismissal and suspension of the

collective dismissal in a single nominating procedure-the suspension of

dismissal-which behaves always opposition and in which it is admitted any means of

proof, setting the maximum limit of witnesses in three. With this solution it simplifies

the procedural plotting, without prejudice to the guarantees of the parties. The suspension of the

dismissal is decreed if the court concludes by the serious probability of the ilicitude of the

dismissal.

Of significant practical scope is also the amendment introduced in the standards that regulate

the personal comparisons of the parties to the hearings held in cautionary procedures,

common or specified, by the passing expressly the possibility of those

if they make themselves represented by mandatary with special powers to confess, give up or

transigir in the cases of justified impossibility of comparability.

13

8-To make enforceable modifications to labour relations with the regime

noun introduced by the Labor Code, pursuing the reform of the right

noun labour, following the one proposed by the White Paper on Relations

Labour and substantiated in the agreement of social consultation between the Government and the

Social Partners for Reform of Labor Relations, June 25, 2008, creates

now in the adjective right a declarative action of conviction with special process for

judicial challenge of the regularity and liceness of the dismissal, of an urgent nature, that

admits always recourse to the Relation, applicable to cases where it is communicated by

written to the employee the decision for individual dismissal, whether in fact attributable to the

worker, be it by extinction of the job, be still by inadaptation.

Also the possibility of opposition from the employer to the reintegration required by the

worker is accompanied, in the adjective plan, by the consecration of a standard that

has when and in what way such faculty can be exercised. Already at the stage of the sentence, the

legislator spelt out the obligations of the convicted employer in reintegration, establishing

legal consequences for the situation of possible default. Clarifies now that

the employee may obtain, within the framework of the execution itself, the conviction of the employer

on compulsory pecuniary penalty, even in cases where this had not been

previously established in the declaratory process. The consecrated solution comes, thus,

to standardize the jurisprudential practice and to strengthen the worker's guarantees.

Innovatively, three other new special processes are also created, with nature

urgent, which give exibility, once again, to the innovations of the substantive regime:

i) The one of impugning the confidentiality of information or refusal of your

provision or the holding of consultations, created for warranty of normal

operation of the duty of reservation and confidentiality of the members of the

structures of collective representation of workers in respect of

information that has been communicated to them by the employer and, as well,

of the possibility of refusal to provide information by the employer.

14

ii) What is intended to tutelise the personality rights, inspired by the process

special of tutelage of personality, name and confidential correspondence

provided for in the Code of Civil Procedure, on the grounds of the similarity of the values in

presence.

iii) Other relative to equality and non-discrimination in function of sex, which aims to

ensure in a speedy manner the possibility of recourse to the courts to tutelage the

right to equal treatment at work, employment and training

professional.

9-It is further to be seen that the provisions relating to the contraveconal criminal procedure are

repealed en bloc, in accordance with the conversion of labour offences and

respective sanctions on the right of mere social ordering, regulated in the Labour Code,

and whose legal regime will be regulated by the new regime.

10-Finally, the competence of the courts of the work for the control of the

legality of the constitution and the statutes of the trade union associations, associations of

employers and employee commissions, changing to the effect the necessary

legal provisions relating to the organization and operation of the judicial courts.

The governing bodies of the Autonomous Regions, the Council, were heard

Superior of the Public Prosecutor's Office, the Superior Council of the Magistrature, the Higher Council

of the Administrative and Fiscal Tribunals, the Order of Lawyers, the Order of the

Solicitors, and the representative organizations of workers and employers.

Thus:

In the use of the legislative authorization granted by the Law No [...], of [...], and pursuant to (a)

b) of Article 198 (1) of the Constitution, the Government decrees the following:

15

Article 1.

Amendment to the Code of Work Process

1-Articles 4, 5, 13, 18, 21, 26, 32, 34, 34, 34, 46, 46, 46, 46, 46, 46, 46.

60, 67, 68, 75, 79, 79, 90, 99 to 83, 101, 104, 148, 148, 148, 148, 148, 148, 148, 148

152, 162, 164, 168, 173, 180, 181, and 185, 181 and 185 of the Code of Procedure of the

Work, approved by the Decree-Law No. 480/99 of November 9, and amended by the

Decrees-Laws paragraphs 323/2001, of December 17, and 38/2003, of March 8, pass

the following:

" Article 4.

[...]

The outorgants of collective labour agreements, as well as the

employees and employers directly concerned, are legitimate parties to the shares

relating to the cancellation and interpretation of clauses of those conventions.

Article 5.

Legitimacy of structures of collective representation of workers and associations of

employers

1-Trade union and employer associations are legitimate parties as the author in the

shares relating to rights relating to the collective interests they represent.

2-Trade union associations may exercise, still, the right of action, in representation and

replacement of workers who authorize it:

a) In the actions relating to measures taken by the employer against workers who

belong to the managing bodies of the trade union association or in this exercise any post;

b) In the actions relating to measures taken by the employer against his associates

who are elected representatives of the workers;

16

c) [...].

3-[...].

4-[...].

5-In the actions where individual interests of the employees or the individual are concerned

employers, their respective associations can intervene as assistants to their

associated, as long as there exists on the part of the concerned written statement of acceptance of the

intervention.

7-The structures of collective representation of workers are a legitimate part as

author in the actions in which the qualification of information is concerned as

confidential or the refusal to provide information or to conduct consultations by

part of the employer.

Article 10.

[...]

1-In the international competence of the labour courts are included the cases in which

action may be proposed in Portugal, according to the rules of territorial competence

established in this Code, or from having been practiced in Portuguese territory, in the whole

or in part, the facts that integrate the cause of asking in the action.

2-It is also included in the international competence of the courts of the work:

a) The cases of secondment to other States of workers employed by

companies established in Portugal;

b) The questions concerning advice from European companies and procedures of

information and consultation in which the management of the group is based in Portugal

or that respects the company of the group based in Portugal.

17

Article 13.

[...]

1-[...]

2-The employing entities or insurers, as well as the provident institutions,

consider themselves also domiciled in the place where they have branches, agency, branch office,

delegation or representation.

Article 15.

[...]

1-[...].

2-[...].

3-[...].

4-It is also competent the court of the domicile of the disaster-stricken, patient or beneficiary if

he shall apply it until the contentious stage of the proceedings or if there has been submitted to the participation.

5-In the event of a plurality of beneficiaries in which several have exercised the faculty

provided for in the preceding paragraph is territorially competent the court of the area of residence

of the largest number of beneficiaries.

6-[ previous n. 5 ].

18

Article 18.

Shares of settlement and sharing of assets of provident institutions, of associations

union, from employers ' associations or from committee of workers and others in

that such institutions, associations or commissions are required

1-In the actions of settlement and sharing of assets of provident institutions, of

trade union associations, employers 'associations or workers' committees or

in other areas where one of these institutions, associations or commissions is required is

competent the court of the respective seat.

2-[...].

Article 21.

[...]

[...]:

1. th [...];

2. Judicial challenge actions of the regularity and liceness of dismissal;

3. th [ previous 2. th ];

4. th [ previous 3. th ];

5. th [ previous 4. th ];

6. th [ previous 5. th ];

7. th [ previous 6. th ];

8. th [ previous 7. th ];

9. th [ previous 8. th ];

10. th [ previous 9. th ];

11. th [ ... ];

19

12 th Other special processes provided for in this Code;

13. th [ previous 12. th ]

Article 24.

[...]

1-[...].

2-In cases of officiating representation or sponsorship, the notification is made

simultaneously to the represented or sponsored and to the representative or officious patron,

regardless of dispatch.

3-[...].

4-[...].

Article 26.

[...]

1-Have urgent nature:

a) the action of impugning the regularity and liceness of the dismissal;

b) the action in which the dismissal of a member of a structure is concerned

collective representation of workers;

c) The action in which the dismissal of pregnant working is concerned, puerpera

or lactating or worker in the enjoyment of parental leave;

d) the action for the challenge of collective dismissal;

e) The emerging actions of accidents at work and occupational disease

f) The action of impugning the confidentiality of information or refusal of its

provision or the holding of consultations;

20

g) the action of guardian of the personality of the worker;

h) Actions relating to equality and non-discrimination in relation to sex.

2-The actions referred to in point and ) from the previous number run officiously.

3-In the emerging action of work accident, the instance initiates with the

receipt of the participation.

4-In the action of impugning the regularity and liceness of the dismissal, the instance

initiates with the receipt of the application referred to in Article 387 (2).

Code of Work.

Article 30.

1-A reconvention is admissible when the respondent's request emerges from the legal fact that serves

grounds for action and in the case referred to in Article 85 (p) of Law 3/99 of 13 of

January, or in the paragraph p) of Article 118 of Law 52/2008 of August 28, provided that, in

any of the cases, the value of the cause exceeds the court's remit.

2-[...]

Article 32.

[...]

1-[...]

2-In cases of opposition admissibility, the parties are cautioned to attend

personally or, in the event of justified impossibility of comparability, to do so

represent by mandatary with special powers to confess, give up or transigir, in the

hearing, in which the attempt is made to conciliation.

3-[...]

21

Article 34.

[...]

1-Presented the initial application within the time limit set out in Article 386 of the Code of the

Work the judge orders the citation of the respondent to object, wanting, and designates at the same

act dates to the final hearing, which is due to take place within 15 days.

2-If it is invoked dismissal preceded by disciplinary procedure, the judge, in the

dispatch referred to in the preceding paragraph, orders the notification of the respondent to, within the

opposition, put together the procedure, which is attached to the autos.

3-In cases of collective dismissal, by extinction of the job posting and by

inadaptation, the judge notifies the defendant to, at the time of the opposition, attach to the autos the

documents proving compliance with the required formalities.

4-A Judicial challenge of the regularity and liceness of dismissal, must be required

in the initial application, if no such form has yet been submitted in the

article 98-C, under penalty of extinction of the cautionary procedure.

Article 35.

[...]

1-The parties may submit any means of proof, being limited to three the number of

witnesses.

2-The court may, officiously, determine the production of other evidence it considers

indispensable to the decision.

Article 36.

[...]

1-The parties are to appear in person at the final hearing or, in case of justified

impossibility of comparability, to be represented by mandatary with powers

special to confess, give up or transigir.

22

2-In the hearing, the judge will attempt conciliation and, if this does not result, hear the parties and order

the production of the proof to which there is place, by prowling, then the decision.

3-[...].

4-Redear the judicial challenge of the regularity and liceness of the dismissal, applies the

provisions of Article 98 (4), being waived the attempt at conciliation referred to in the

n. 2.

Article 37.

[...]

1-In the lack of unwarranted comparisons of the applicant, or of both parties, without which

have made represent by mandatary with special powers, providence is soon

undue.

2-If the defendant does not attend or justify the lack in the act itself, nor does it

represent by mandatary with special powers, providence is adjudicated,

unless there has been compliance with the provisions of Article 34 (2) and (3), in which case the

judge decides on the basis of the elements set out in the autos and in the proof that officiously

determine.

3-If any or both parties are justifiably missing, the judge decides on the terms of the

second part of the previous number.

Article 38.

[...]

1-If the defendant does not unjustifiably comply with the provisions of paragraphs 2 and 3 of Article 34, the

providence is decreed.

2-If the non-compliance is warranted until the expiry of the deadline, the judge shall decide with

basis in the constant elements of the autos and in the evidence that it officiously determines.

23

Article 39.

[...]

1-A suspension is enacted if the court, weighted all the relevant circumstances,

conclude by the serious probability of ilicitude of dismissal.

2-A The decision on suspension has executive force regarding the retributions in

debt, owing to the employer, up to the last day of each month subsequent to the decision, join

document proving your payment.

3-A execution, with successive tract, follows the terms of the Articles 89 and following, with the

necessary adaptations.

Article 40º

[...]

1-From the final decision is always appealing appeal to the Relation.

2-The appeal has merely devolutive effect, but to the appeal of the decision enacting the

providence is given suspensive effect if, in the act of interposition, the appellant deposits

in the court the amount corresponding to six months of retribution from the defendant, increased from the

corresponding contributions to social security.

3-[...].

Article 45.

[...]

1-Presented the application, the judge may determine the achievement, by the entity with

inspectional competence in labour, from summary examination to premises, places and

work processes, with a view to detecting the dangers alleged by the applicant.

2-[...].

24

Article 46.

[...]

1-[...].

2-The enactment of the providences does not prejudice civil, criminal or

counterordinance that to the couber case, under the law.

Article 60.

[...]

1-[...].

2-Irrespective of the value of the cause may, likewise, the author respond to the

contestation, within 10 days, if the defendant has used the faculty provided for in the n. º4 of the

article 398 of the Labour Code.

3-Not having been deducted exception or no reconvention, are only admitted

super-venient joints under Article 506 of the Code of Civil Procedure or for

the effects of Article 28.

4-[ previous n. º3 ].

Article 67.

Surveyor of witnesses

The witnesses depose at the final hearing, either presentially or via teleconference,

in the terms of the Code of Civil Procedure.

Article 68.

[...]

1-[...].

2-[...].

25

3-A The instruction, discussion and judgment of the cause is incumbent upon the collective court in the

causes of superior value to the Relation's remit provided that both parties require it and

none have required the recording of the hearing.

4-A recording of the hearing and intervention of the collective court must be required

at the preliminary hearing, if the latter is to take place, or up to 20 days before the date fixed for the

trial hearing.

5-[...].

Article 70.

Mandatory attempt at conciliation and causes of postponement of the hearing

1-Feel the call of the people who have been summoned the judge seeks to reconcile the

parts.

2-Frustrated conciliation, the hearing is open, being the result of the attempt registered in the

respective minutes.

3-[ previous n. º2 ].

Article 75.

[...]

1-Where the action is for the purpose of fulfilment of pecuniary obligation, the judge

should guide you by way that the sentence, when it is sentencing, can set in amount

certain the due importance.

2-In the case where it has been deducted in the compensation the amount of the allowance of

unemployment, the court must report the decision to the competent department of the ministry

responsible for the area of social security.

26

Article 77.

[...]

1-[...].

2-When the sentence does not fall to appeal, the argument of the sentence's nullities is

made on an application addressed to the judge who delivered it.

3-[...].

Article 79.

Decisions that admit always appeal

[...].

Article 80.

[...]

1-The interposition term of the appellate or magazine appeal is 20 days.

2-In cases provided for in paragraphs 2 and 4 of Article 79-and in the cases provided for in paragraphs 2 and 4 of the

article 721 of the Code of Civil Procedure, the deadline for the interposition of appeal reduces

to 10 days.

3-If the appeal is for the purpose of re-examination of the recorded evidence, to the time limits referred to in

final part of the previous numbers plus 10 days.

Article 81.

[...]

1-[...].

2-[...].

3-[...].

27

4-[...].

5-The interposition of the magazine resource applies to the regime established in the Code of

Civil Process.

Article 82.

[...]

1-[...].

2-If the judge does not send the appeal up, the appellant may complain.

3-[...].

4-If the judge dismises the complaint, it will mandate to hear the opposing party, save if it has been

impugned solely the admissibility of the appeal, rising to the higher court so that

the rapporteur decides the matter within five dias.5-Decide the admissibility or

tempestivity of the resource, will follow this of its normal terms.

Article 83.

[...]

1-A appellation has merely devolutive effect, with no need for declaration.

2-The appellant may obtain the suspensive effect if in the application for the interposition of

resource require the provision of surety of the importance in which it was condemned by means of

of effective deposit in the General Deposit Box, or by means of bank bail or

secure-collateral.

3-A appellation has still effect suspensive cases provided for in the cases provided for in the 3-A

b ) a and ) of Article 692 (3) of the Code of Civil Procedure and in the remaining cases provided for in the

law.

4-The fixed judge term, not surplus to 10 days, for the provision of surety, and if this does not

is provided within the prescribed time limit, the sentence may be since soon executed.

28

5-The surety incident referred to in paragraph 1 is processed on the own

autos.

Article 87.

Judgment of resources

1-The regime of the judgment of resources is what results, with the necessary adaptations,

of the provisions of the Code of Civil Procedure that regulate the judgment of the appeal

of appeal and magazine.

2-[...].

3-[...].

Article 90.

Enforcement of irrerenunciable rights

1-Addressing unrelinquishable rights, the author has the deadline of 30 days after transit

on trial of the sentence of conviction in certain amount, extended by the judge, to initiate

the execution of the executive title.

2-If the author does not start the execution at the prescribed time, and has not been joined in the process

document proving the extinction of the debt within the period referred to in the preceding paragraph, the

court, officiously, orders the commencement of the executive process, whose representations of

execution are carried out by bailable officer.

3-[ eliminated ].

4-[ eliminated ].

5-[ eliminated ].

6-[ eliminated ].

29

Article 99.

[...]

1-[...]

2-When participation is made by an insurer entity, it must be accompanied

of all available clinical and nosological documentation, of copy of the policy and its

additional in force, as well as from the Statement of Remuneration of the month prior to the

accident, discriminative note of incapacities and internships and copying of the documents

vouchers for the claims paid since the accident.

Article 101.

Processing in the remaining cases of permanent disability

1-[...].

2-[...].

Article 104.

[...]

1-[...]

2-Until the beginning of the contentious phase, the Public Prosecutor's Office may requisition the services of the

entity with an inspection competence in labour matter, without prejudice to the competence

legally assigned to other entities, the carrying out of urgent and summary investigation of the

circumstances in which the accident occurred, when:

a) [...];

b) [...];

c) [...];

d) [...].

30

3-[...].

4-Whenever, as a result of an accident, it is not to exclude the existence of

criminal liability, the Prosecutor's Office should give notice of the fact to the venue

competent criminal, referring, inter alia, to the investigation drawn up by the entity with

inspective competence in labour matters.

Article 108.

[...]

1-The attempt at conciliation are called in, in addition to the sinister or its beneficiaries

legal, the employing entities or insurers, as per the constant elements of the

participation.

2-[...].

3-[...].

4-[...].

5-[...].

6-In the courts based in the metropolitan areas of Lisbon and the Port there is no place at

deprecated for medical examination and attempt at conciliation.

Article 120.

[...]

1-In the processes of accidents at work, dealing with pensions, the value of the cause is equal

to that of the result of the multiplication of each pension by the respective constant rate of the tables

practices applicable to the calculation of the capital of remission, plus of the remaining benefits.

2-[...].

3-[...].

31

Article 148.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-In the courts based in the metropolitan areas of Lisbon and the Port there is no place at

deprecated for the delivery of the capital of remission.

Article 152.

[...]

1-[...].

2-In the event of the death of the sinister, the case goes with a view to the Public Prosecutor's Office for the

effects of the provisions of Articles 142 and 144; in the remaining cases, the judge hears the opposing party

and the Public Ministry.

3-[...].

Article 162.

[...]

1-The processes of the litigation of provident institutions, family allowance,

trade union associations, employers ' associations or commissions of workers follow

the terms of the common procedure provided for in this Code, save the provisions of the articles

following.

2-[...].

32

Article 164.

[...]

1-The deliberations and other acts of organs of provident institutions, associations

union, employers ' associations or commissions of workers addicted by

violation of the law, either in the background or in form, or violation of the statutes may be

declared invalid in an action brought by anyone who has legitimate interest, save if from the

same couber feature.

2-[...]

3-[...]

Article 165.

[...]

1-The judge sends to quote the respondent and orders that the latter present the documents relating to the situation

object of imputation that have not yet been joined to the autos.

2-[...].

Article 168.

Suspension of effectiveness

If in the initial petition the author requires the suspension of effectiveness of the acts or provisions

impugned, demonstrating that of its execution may result in appreciable damage, the judge may

enact the suspension at that time or after the contestation.

Article 173.

[...]

1-A settlement and the sharing of property of provident institutions, of trade union associations,

of associations of employers or committee of employees carry out as

is determined in law and statutes.

33

2-[...].

Article 174.

[...]

1-A entry into liquidation of welfare institutions, of trade union associations, of

associations of employers or commissions of workers is participated in the court

by the last direction, or by the chairman of the table of the general meeting, within 30 days of

count of the act that has determined the dissolution.

2-[...].

3-When the law or bylaws determine the overall transfer of the heritage to

another institution, association or commission, competes in the last direction, with it, to be carried out

this transfer.

Article 180.

[...]

1-The judge may determine that all or some of the liquidators hold on to

functions for a term of not more than three years, counted since the approval of the accounts of the

sharing, only for the purpose of representing the institution, association or commission in

doomsday or outside of it or still to effect rights or to satisfy obligations that only

there is knowledge after it has carried out the sharing or whose livelihood the judge has

understood it does not duty to prevent sharing.

2-If during the period referred to in the preceding paragraph shall not terminate any proceedings in which the

institution, association or commission are parties, the liquidator remains in office until

to the end of the process.

34

Article 181.

[...]

1-If it is not possible to establish which persons, under the statutes, are entitled to

to the sharing of the balance, made the appointment of liquidators, follow the applicable terms of the

special process of settlement in the case of vacant inheritance for the benefit of the State, provided for

in the Code of Civil Procedure.

2-[...]. "

Article 185.

Form, value of the process and effects of the resource

1-[...].

2-From the final decision it is always up to the magazine appeal to the Supreme Court of Justice.

3-[...]. "

2-The following titles, chapters, sections, subsections and divisions of the Code of Procedure

of the Work, approved by the Decree-Law No. 480/99 of November 9, and amended by the

Decrees-Laws paragraphs 323/2001, of December 17, and 38/2003, of March 8, pass

the following:

a) Subsection I of Section II of Chapter IV of Title III: " Suspension of

dismissal ";

b) Chapter III of Title V: "Final Provisions";

c) Chapter III of Title VI: " Process of the litigation of provident institutions,

family allowance, trade union associations, employers ' associations or commissions

of workers ";

35

(d) Section III of Chapter III of Title VI: " Challenge of statutes, deliberations of

general assemblies or electoral acts ";

(e) Section V of Chapter III of Title VI: " Settlement and sharing of the goods of

provident institutions, of trade union associations, of associations of

employers or commissions of workers. "

Article 2.

Addition to the Labor Process Code

They are deferred to the Labor Process Code the articles 2-A, 5.-A, 27.-A, 40.

60.-A, 74.-A, 98.-A, 98.-A, 164.-A to 98.-P, 164.-A, 164.-B and 186.-A 186.

following wording:

" Article 2.

Judicial capacity of structures of collective representation of workers

The structures of collective representation of workers, yet destitute from

legal personality, enjoy active and passive judicial capacity.

Article 5-A

Legitimacy of the Public Ministry

The Public Prosecutor's Office has active legitimacy in the following actions:

a) Actions relating to the monitoring of the legality of the constitution and the statutes of associations

trade union, employers 'associations and workers' commissions;

b) Actions for annulment and interpretation of clauses of collective bargaining agreements.

Article 27-The

Mediation

To the working process apply, with the necessary adaptations, the articles concerning the

mediation provided for in the Code of Civil Procedure.

36

Article 40-The

Deciduation of providence

The cautionary procedure extinguishes itself and, when enacted, the providence lapses:

a) If the employee does not propuser the action for the challenge of collective dismissal

of which providence depends, within 30 days, counted from the date on which it has

been notified of the decision that has ordered it;

b) In the remaining cases provided for in the Code of Civil Procedure that are not

incompatible with the nature of the work process.

Article 60-The

Opposition to the reintegration of the worker

1-Having the reintegration of the employee was required in the initial petition, the opposition to the

same should be deducted in the contestation.

2-In the case provided for in the preceding paragraph, the author can always respond to the contestation in the

period of 10 days.

3-If reintegration is required outside the initial petition, the opposition can be deducted in

autonomous articulation, which it admits always responsive, in an articulated way, within 10

days.

Article 74-The

Condemnation in the reintegration of the worker

1-A reinstatement must be proven in the process by joining the autos of the

document that demonstrates the restart of the payment of the consideration.

2-Transition on trial the sentence, without showing the reintegration, may the

employee also requires the application of compulsory pecuniary penalty to the employer,

on the terms set out in the Code of Civil Procedure for the implementation of de facto provision.

37

Article 79-The

Appeal feature

1-From the decision of the court of first instance to put an end to the process rests

appellate appeal.

2-It is still appealing to appeal the following decisions of the court of first

instance:

a ) Of the decision that apprecies the judge's impediment;

b ) Of the decision that appreciates the jurisdiction of the court;

c ) Of the decision that orders the suspension of the instance;

d ) Of the dispatches that exclude some part of the process or constitute, as to

it, final decision as well as of the final decision handed down in the incidents of intervention of

third and habilitation;

(e) of the decision laid down in paragraph 3 (a) of Article 98-J;

f ) Of the order which, in accordance with Article 115 (2), recuse the approval of the

agreement;

g ) Of the dispatches proached after the final decision;

h ) Decisions whose impugning with the appeal of the final decision would be absolutely

useless;

i ) In the cases provided for in points c ), d ), and ), h ), i ), j ) and l ) of Article 691 (2) of the

Code of Civil Procedure and in the other cases expressly provided for in law.

3-The remaining decisions rendered by the court of first instance may be

impugned in the appeal that comes to the end of the final decision.

38

4-In the case provided for in the preceding paragraph, the court will only give the decisions

challenged jointly with the final decision when the offence committed may

modify this decision or when, regardless of this, the pavement has

interest to the appellant.

5-If there is no recourse from the final decision, the interlocuting decisions that have

interest for the appellant regardless of that decision may be challenged

in a single resource, to be interacted after the transit of the said decision.

Article 83-The

Ascent of resources

1-Sobem in the autos themselves the appeals of the decisions provided for in Article 1 of the article

691.-A of the Code of Civil Procedure.

2-Separates separately the ununderstood appeals in the preceding paragraph.

Article 98-The

Remission

In everything that does not find itself specially regulated in this Title apply the

rules of the Code of Civil Procedure regarding the process of execution.

Article 98-B

Mandatory constitution of lawyer

Only the constitution of lawyer is mandatory after the hearing of parties, with the presentation

of the joints of the parties.

39

Article 98-C

Start of the process

1-Pursuant to Article 387 of the Labour Code, in the case where it is communicated

in writing to the employee the decision for individual dismissal, whether in fact attributable

to the worker, whether by the extinction of the job, be it by inadaptation, the action of

judicial challenge of the regularity and liceness of the dismissal, starts with the delivery,

by the employee, with the competent court, of application on an electronic form

or on paper support, of which stated statement by the opposition worker to the

dismissal, without prejudice to the provisions of the following number.

2-Case has been presented cautionary suspension of preventive suspension of the

dismissal, in accordance with the terms set out in Articles 34 and following, the initial application of the

cautionary procedure of which it is constraining that the worker requires the judicial challenge of the

regularity and liceness of the dismissal waiver the submission of the form referred to in the

previous number.

Article 98-D

Form

1-A delivery on paper support of the form referred to in the previous article is made in a

only exemplary, in the judicial office.

2-The model of the form is approved by joint porterie of the members of the Government

responsible for the area of justice and work.

Article 98-And

Refusal of the form by the office

The Registrar shall refuse receipt of the form stating in writing the plea of the

rejection when:

a) Do not consist of own model;

40

b) Omita the identification of the parties;

c) It has not been put together the decision of dismissal;

d) Not signed.

Article 98-F

Notification for hearing of parties

1-Received the application, the judge designates date for the hearing of parties, to be held in the

period of 15 days.

2-The worker is notified and the employer cited to appear in person or

in case of justified impossibility of comparability, if they make represent by

judicial representative with special powers to confess, transigir or give up.

3-The employer joins the disciplinary procedure or the instructor-led process, as per the

case, until the beginning of the attempt at conciliation.

4-Having been required for suspension of dismissal, the hearing of parties referred to in the

n. 1 precedes the final hearing of the cautionary procedure.

Article 98-G

Effects of non-comparency of the employer

1-If the employer does not appear at the hearing of parties, nor does it represent us

terms of paragraph 2 of the previous article, having been or owing to regular consideration

quoted, the judge:

a) Ordinate the notification of the employer to present articulated to motivate the

dismissal, present the rol of witnesses and apply for any other evidence;

(b) Fixed the date of the final hearing, with observance of the provisions of Article 155 of the

Code of the Civil Procedure.

41

2-If the lack of the hearing of parties is found to be unjustified, the employer is subject to the

sanctions provided for in the Code of Civil Procedure for the litigation of bad faith.

Article 98-H

Effects of the non-comparency of the worker

If the employee does not appear at the hearing of parties, nor does he represent us

terms of paragraph 2 of the previous article, having been or owing to regular consideration

notified, determines the absolvition of the order.

Article 98-I

Hearing of parties

1-Declared open to hearing by the judge, the employer succinctly exposes the

fundamentals of fact that motivate dismissal.

2-After the response of the employee, the judge will seek to reconcile the parties, in the terms and for

the effects of Articles 51 to 53.

3-Should you check that the employee's claim is applicable yet another form of the case, the judge

refrains from knowing the application, absolves the instance the employer, and informs the

employee of the time limit available to them to intry action with a common process.

4-Frustrated the attempt at conciliation, at the hearing of parties the judge:

a) Proceed to the immediate notification of the employer to present articulated to

motivate dismissal, present the rol of witnesses and apply for any

other evidence;

(b) Fixed the date of the final hearing, with observance of the provisions of Article 155 of the

Code of the Civil Procedure.

42

Article 98-J

Articulate of the Employer

1-The employer may only invoke facts and grounds set out in the decision to

dismissal communicated to the worker.

2-In the case of claim that the court excludes the reintegration of the employee on the terms

provided for in Article 392 of the Labour Code, the employer must require it since soon

in the same articulation, invoking the facts and circumstances that substantiate their

pretension, and present the means of proof for the purpose.

3-If the employer does not present the articulate referred to in the preceding paragraph, the judge declares

the ilicitude of the dismissal of the worker, and:

a) Condemns the employer to reintegrate the worker, or, should this have opted for

an indemnity in replacement of the reintegration, payable to the employee, in the

minimum, an indemnity corresponding to 30 days of base retribution and

diuturnals for each full year or fraction of seniority, without prejudice to the

n. paragraphs 2 and 3 of Article 391 of the Labour Code;

b) Ordinates the notification of the worker to, wanting, within 15 days,

present articulated in which petitioning emergent credits from the contract of

work, of your violation or cessation.

4-On the same date, the employer is notified of the sentence as to the one referred to in point (a)

of the previous number.

Article 98-L

Contestation

1-Presented the articulate referred to in the previous article, the worker is notified to,

within 15 days, contesting, wanting.

43

2-If the worker does not contest, having been or should consider himself regularly

notified in its own person, or having joined proxy for judicial mandatary in the

deadline of the dispute, the facts articulated by the employer are deemed to be confessed

being soon preferred sentence to judge the cause as it is righted.

3-In contestation, the worker may deduct reconvention in the cases provided for in paragraph 2

of Article 274 of the CPC, as well as for petitioning emerging credits from the contract of

work, regardless of the value of the action.

4-If the employee has been defended by exception, he / she may the employer respond to the

respective matter within 10 days; there is reconvention, the deadline for reply is

extended to 15 days.

5-It is correspondingly applicable to the provisions of Article 60 (2) and (3) and the º6 of the

article 247 of the Code of Civil Procedure.

Article 98-M

Later terms to the joints

1-Terminated the phase of the joints, the process follows the terms set out in Articles 61.

and following, owing to the evidence to be produced at a trial hearing commense with the

offered by the employer.

2-If it is invoked dismissal preceded by disciplinary procedure, it is still applicable

the provisions of Article 387 (4) of the Labour Code.

44

Article 98-N

Payment of interim retributions by the State

1-Without prejudice to the provisions of Article 390 (º2) of the Labour Code, after the

course of 12 months since the submission of the form referred to in Article 98-C o

court determines that it is carried out by the competent entity of the area of social security

the payment of the consideration due to the employee from that time to the

notification of the decision in 1 th instance that declares the ilicitude of dismissal.

2-A The competent entity of the area of social security is always notified of the decision

referred to in the preceding paragraph, from the appeal interposition of the decision declaring the ilicitude

of the dismissal, as well as of the decision handed down at an appeal headquarters.

3-A competent entity of the area of social security carries out the payment to the worker

of the retributions referred to in paragraph 1, up to 30 days after the transit on trial of the decision which

declare the ilicitude of dismissal.

4-A budget allocation to bear the financial burden of the competent entity of the

area of social security arising from paragraph 1 is entered annually in the Budget of the

State, in a heading of its own.

Article 98-The

Deductions

1-In the period of 12 months referred to in the previous article do not include:

a) The periods of suspension of the instance, pursuant to Art. 276 of the Code of

Civil procedure;

b) The period corresponding to mediation, attempt at conciliation and refinement

of the joints.

2-The retributions referred to in the preceding Article shall be deducted from the importations referred to in para.

2 of Article 390 of the Labour Code.

45

Article 98-P

Value of the cause

1-For the purpose of payment of costs, it applies to the action of judicial impurition of

regularity and liceness of the dismissal the provisions of paragraph 12 (e) of Article 12 of the

Regulation of Procedural Costs.

2-The value of the cause is always fixed at the final by the judge taking into account the economic usefulness

of the application, specifically the value of compensation, credits and salaries that have been

recognized.

3-If an appeal is brought before the fixing of the value of the cause by the judge, it shall fix it.

in the dispatch that admits the appeal.

Article 164-A

Impugation of statutes

1-The statutes of the entities referred to in the preceding article may be challenged by the

Prosecutor's Office, on its own initiative or the requirement of any interested party.

2-A The initial petition must be accompanied by copy of the said statutes.

Article 164-B

Impugning of electoral acts

The electoral acts for the organs of the entities referred to in this section may be

challenged on the grounds of its unlawfulness by the one who became overcome in the

respective election, within 10 days of that election or the knowledge of the

irregularity, if later.

46

Article 186-The

Application

1-In the case of whether to claim the imputation of the confidentiality of information or the

refusal of its provision or the holding of consultations, the author alleges the fundamentals of

request, indicates the points of fact that it interests to ascertain and requires the arrangements that

repute convenient.

2-The defendant is cited for contesting within 15 days.

Article 186-B

Later terms

1-Finds the joints, the judge immediately knows of the application, save if he understands that

if it is justified to proceed to further proof of evidence, in which case it orders those

that repute convenient.

2-The process has urgent nature.

Article 186-C

Decision

1-A The decision determines the information that must be provided and the deadline for your

provision.

2-A The author's application may be set a compulsory pecuniary penalty.

3-A The decision is only likely to appeal to the Court of Relation, in effect

suspensive.

47

Article 186-D

Application

The request for arrangements designed to prevent the consummation of any violation of the

worker's personality rights or mitigate the effects of the offence already practiced is

formulated against the author of the threat or offence and, equally, against the employer.

Article 186-And

Later terms

1-The required ones are cited for contesting within 10 days.

2-Irregardless of whether or not there is dispute, the court decides after the assessment

of the evidence produced.

Article 186-F

Urgent nature

The process has urgent nature.

Article 186-G

Remission

1-In actions concerning equality and non-discrimination as a function of sex apply the

corresponding provisions of the common procedure, with the specifications of the articles

following, without prejudice to the provisions of paragraph 2.

2-A judicial declaration of nullity of provision of collective convention in respect of

equality and non-discrimination pursuant to Article 479 of the Labour Code, follows the

trames of the action provided for in Articles 183 and following.

48

Article 186-H

Information on registered court decisions

Until the hearing of discussion and trial, the judge officiously requests the entity that

has competence in the area of equality and non-discrimination between men and women in the

work, in employment and vocational training, information on the registration of any

judicial decision relevant to the cause.

Article 186-I

Communication of the decision

The judge shall report the decision to the competent body in the area of equality and not

discrimination between men and women at work, employment and training

professional, for the purpose of registration.

Article 186-J

Remission

The challenge of decisions of administrative authorities that apply fines in

labour process follows the terms of the procedural regime of labour counter-ordinations, which

contained in specific law. "

Article 3.

Amendment to the organization of the Code of Work Process

The following changes are made to the systematic organization of the Code of Process of the

Work:

a) A new chapter I of Title VI is introduced, which starts with Article 98-B and

ends with Article 98-P, and goes on to denominate " Action of judicial challenge of the

regularity and liceness of dismissal ", being the subsequent chapters renumbered

in compliance;

49

b) A new Chapter V of Title VI is introduced, which starts with Article 186-A

and ends with Article 186-C, and goes on to denominate " Impugation of confidentiality

of information or of the refusal of their provision or the holding of consultations ";

c) a new Chapter VI of Title VI is introduced, which begins with Article 186-

D and ends with the article 186.-F, and goes on to denominate " Tutela of the personality of the

worker ";

d) a new Chapter VII of Title VI is introduced, which begins with Article 186-

G and ends with Article 186-I, and goes on to denominate " Equality and non-discrimination

in function of sex ";

e) a new Title VII is introduced, with Article 186-J, which goes on to be named

"Process of counterordinance"

Article 4.

Repeal

1-Are repealed Articles 41 to 43, 76, 84 to 86, 89 and 91 to 97 of the Code of

Work Process approved by the Decree-Law No. 480/99 of November 9, and

changed by Decrees-Laws No. 323/2001 of December 17, and No. 38/2003, of 8 of

March.

2-With the entry into force of Article 186-J is repealed the Book II of the Code of Procedure

of Work approved by the Decree-Law No. 480/99 of November 9 and amended by the

Decrees-Laws No 323/2001 of December 17, and No 38/2003 of March 8.

Article 5.

Amendment to the Law on the Organization and Health of Judicial Tribunals

1-Article 85 of the Law on Organization and Functioning of Judicial Tribunals, passed

by Law No. 3/99 of January 13, it shall be replaced by the following:

50

" Article 85.

[...]

It is incumbent upon the courts of the work to know, in civil matters:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

l) [...];

m) [...];

n) [...];

o) [...];

p) [...];

q) [...];

r) [...];

51

s) of the matters relating to the control of the legality of the constitution, the statutes and the

activity of trade union associations, employers ' associations and commissions of

workers;

t) [ previous point (s) ]. "

2-Article 118 of the New Law on Organization and Functioning of Judicial Tribunals,

adopted by Law No. 52/2008 of August 28, it is replaced by the following:

" Article 118.

[...]

It is incumbent upon the judgements of the work to know, in civil matters:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

l) [...];

m) [...];

n) [...];

52

o) [...];

p) [...];

q) [...];

r) [...];

s) of the matters relating to the control of the legality of the constitution, the statutes and the

activity of trade union associations, employers ' associations and commissions of

workers;

t) [ previous point (s) ]. "

Article 6.

Application in time

The standards of the Code of Work Process with the wording given by the present

Decree-law apply to the actions that start after its entry into force.

Article 7.

Republication

It is republished, in annex, the Code of Work Process with the current wording, which is

an integral part of this decree-law.

Article 8.

Entry into force

1-This diploma comes into force on the day ...., without prejudice to the provisions of the figures

following.

53

2-For the purposes of the provisions of Article 438 (1) of the Labour Code approved by the

Law 99/2003 of August 27 until the entry into force of Article 391 (1) of the Code

of the Work, passed by Law 7/2009, of February 12, the worker may opt for the

reintegration into the company or for compensation in replacement of reintegration, up to the

sentence of the court, it is up to the court to fix the amount of such compensation between 15 and

45 days of base retribution and diuturnals for each full year or fraction of

seniority, meeting the value of the retribution and the degree of ilicitude arising from the willing

in Article 381 of the Labour Code, approved by Law 7/2009, of February 12.

3-Article 186-J shall come into force on the effective start date of the diploma which regulate the

procedural regime applicable to counter-ordinations in labour and social security.