Authorizes The Government To Change The Code Of Labour Procedure, Approved By Decree-Law No. 480/99, Of November 9

Original Language Title: Autoriza o Governo a alterar o Código de Processo do Trabalho, aprovado pelo Decreto-Lei n.º 480/99, de 9 de Novembro

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449344e4331594c6d527659773d3d&fich=ppl284-X.doc&Inline=false

1 PROPOSAL of law No. 284/X/4th explanatory memorandum to amendment of the code of labour procedure, approved by Decree-Law No. 480/99, of 9 September, is justified, first, by the necessity of adaptation to changes in labour law noun since the date of its entry into force. The adoption of a labour code in 2003, as well as the new labour law introduced realities with the revision of this code by law No. 7/2009, of 12 February, involve the adjustment of existing procedural means in the current code of labour procedure to ensure the feasibility of the labour law. Moreover, the condition has occurred, however, profound reform of the civil procedural legislation, with reflections in the labour process natural, particularly in terms of resources, the implementation process, and the parties agree to out-of-court settlement of the dispute, in particular, through the use of mediation systems. We must, therefore, the appropriateness of various work process standards to the guiding principles of civil procedure reform. Matter, anyway, carry out a review geared towards greater speed, more effectiveness and increased functionality of a process that accompanies the new realities of working relations, on behalf of the promptness of response that should inspire the labour conflicts, even for peace and assurance of the normalcy of functioning of a particularly sensitive sector in the context of social relationship, because the slowness or the greatest difficulty in the solution of the issues affect not just workers , as well as employers and the economy in General.

2 the introduction of changes in procedural discipline of labour law ensures the feasibility of new labour and legal realities introduced with the revision of the labour code, operated by law No. 7/2009, of 12 February, and allows the adjustment of several process standards work on guiding principles of civil procedure reform. To that extent, the present legislative authorization to change the code of the work process is intended to give greater speed, efficiency and functionality to a process that accompanies the new realities of working relations, on behalf of the promptness of the response that the labour conflict requires, for the benefit of legal certainty, of workers, employers and the economy in General. To achieve the objectives, should be appointed the judicial capacity allocation to the structures of collective representation of workers, as well as its legitimacy in the actions in which they are concerned the classification of information as confidential or the refusal to provide information or for consultations on the part of the employer. It is also appropriate to regulate in innovative molds the matter of precautionary procedures, underlining once again the rapid response required by the labour issues and the social relevance of the interests covered by the labour law. Continuing the reform of labour law, following the noun proposed by the white paper on labour relations and embodied in the social dialogue between the Government and the social partners to Reform industrial relations, June 25 2008, now the right adjective a declarative action of conviction with special process for judicial review of the regularity and lawfulness of dismissal urgent nature, who admits to always appeal to the relationship, applicable to cases in which it is communicated in writing to the worker the decision of individual dismissal, is due to the fault of the worker, whether by extinction of the workstation, is still inadequate.

3 the possibility of opposition by the employer required the employee reintegration must be accompanied by the adjective, the consecration of a standard that offers when and how such a College may be exercised. Already at the stage of sentence, the legislator clarifies the obligations of employer sentenced in reintegration, establishing legal consequences for the situation of possible non-compliance. Clarified now that the worker can obtain, within the own execution, the conviction of the employer in penalty, even in cases where this had not been previously established in the declaratory process. The proven solution comes, so, standardize judicial practice and strengthen the guarantees of the worker. In an innovative manner, are created also other three new special processes, with urgent nature, feasibility, once more, to the innovations of the noun scheme: i) the challenge of confidentiality of information or the refusal of performance or consultations, created to guarantee the normal operation of the duty of reserve and confidentiality of members of the collective representation of workers structures for information communicated to them by the employer and as well as the possibility to refuse the provision of information by the employer; II) which is intended to protect the rights of personality, inspired by the special procedure of protection of personality, name and confidential correspondence laid down in the code of Civil procedure, due to the similarity of the values involved; III) the case of actions relating to equality and non-discrimination on the basis of sex, which aims to ensure quickly the possibility of recourse to the courts for the right to equal treatment at work, employment and vocational training.

4 Provides that the provisions on criminal procedure contraventional responsibility are withdrawn, in accordance with the conversion of the labour offences and their penalties in law of mere social ordering, regulated in the labour code, and whose legal regime shall be governed by the new law. Finally, it clarifies the competence of the labour courts to the supervision of the legality of the Constitution and bylaws of the unions, employers ' associations and workers ' committees, changing the legal provisions relating to the organisation and functioning of the judicial courts. Must be heard the Government organs of the autonomous regions, the High Council of the Public Ministry, the Supreme Judicial Council, the Board of Governors of the Administrative and fiscal Courts, the Bar Association, the order of the Solicitors, and, through public discussion in Parliament, must be operated all procedures necessary for ensuring the participation of workers ' and employers ' representative structures in accordance with the provisions of articles 470.º and 472.º of the labour code. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter the Government is authorized: a) change the worker process Code, approved by Decree-Law No. 480/99, of 9 September;

5 b) to clarify the terms under which, pending the entry into force of paragraph 1 of article 391.º of the labour code, approved by law No 7/2009, of 12 February, the worker may opt for compensation in lieu of reinstatement; c) to provide for the jurisdiction of the courts of the civil work to the control of the legality of the Constitution and bylaws of the unions, employers ' associations and workers ' committees, changing the legal provisions relating to the organisation and functioning of the judicial courts; d) to create mechanisms to encourage the use of mediation. Article 2 purpose and extent the sense and the extent of legislative authorization granted in the previous article are the following: a) Predict the labour process judicial capacity allocation to collective workers ' representation structures, even if devoid of legal personality, covering, in particular, works councils and other structures imposed on companies and transnational companies or groups with a Community dimension; b) provide for the active legitimacy of collective representation structures of workers in actions that are concerned the classification of information as confidential or the refusal to provide information or for consultations on the part of the employer;


6 c) Clarify that the Prosecutor has active legitimacy in the actions relating to the control of the legality of the Constitution and bylaws of unions, employers ' associations and workers ' committees, as well as in actions for annulment and interpretation of clauses of collective agreements; d) Extend the international jurisdiction of the labour courts to situations of posting of workers to other States regulated in the labour code, and transfer to the technical process of international competence standards concerning European works councils and information and consultation procedures where there is a relevant connection with the national territory; and) extend the scope of the settlement activities and sharing of assets of pension institutions and trade unions and other associations are required these institutions or associations of employers and associations of workers, since the latter, and may enjoy legal and judicial personality, can also take the position of demand; f) Change notification standards and quotation, and notification and enquiry of the witnesses, in particular allowing cross-examination by conference call, closing its scheme the civil process; g) make provision for the parties agree to out-of-court settlement of the dispute through mediation systems, for the resolution of conflicts which affect workers and employers, by applying the rules of the code of Civil procedure on the subject; h) allow the parties to be represented by agent with special powers to confess, give up or compromise in cases of unjustified failure to appear, and set the consequences and making provision applicable to the parties in the event of no show unjustified;

7 i) Unify the precautionary procedures specified for suspension of individual dismissal and suspension of collective redundancy in a single procedure, which always nominated opposition which is admitted to any evidence, securing the parties the maximum limit of three witnesses, and to define the causes of extinction of this procedure; l) Predict the timing and manner of the employer to oppose the reintegration required by the worker; m) spell out the obligations of employer sentenced in reintegration, establishing legal consequences for the situation of possible non-compliance, clarifying that the worker can obtain, within the own execution, the conviction of the employer in penalty, even in cases where this had not been previously established in the declaratory process; n) change the resource standards and enforcement process, approaching the respective scheme the civil process; the) Create a declarative action of conviction with special process for judicial review of the regularity and lawfulness of the dismissal of an urgent nature, who admits to always appeal to the relationship, applicable to cases in which it is communicated in writing to the worker the decision of individual dismissal, is due to the fault of the worker, whether by extinction of the workstation, or by inadequate and: i) Identify the situations in which the Constitution of lawyer; II) Set the employer presents the first articulated, in which justifies the dismissal, and predict that the non presentation determines the unlawfulness of dismissal;

8 iii) provide that the worker challenge the employer's articulated and simultaneously claim all credits that are entitled by virtue of that employment; IV) establish that the evidence to be produced in trial hearing begins with the offered by the employer; v) If the decision of the action at first instance occurs after 12 months since the beginning of the action, with the exception of periods of stay of proceedings, mediation, conciliation and attempt improvement of pleadings, and the dismissal is held to be unlawful, to provide that the Court determines to be carried out by the competent authority in the field of social security payment to the worker the compensation due after that period and until the decision in first instance; vi) stipulate that the budgetary allocation to support the costs referred to is entered annually in the State budget, in rubric; VII) set the value of the claim and the costs regime applicable to action; p) Create three new special processes, with urgent nature, for i) challenging the confidentiality of information or the refusal of performance or consultations; II) for supervision of personality rights, inspired by the special procedure of protection of personality, name and confidential correspondence laid down in the code of Civil procedure; III) for actions relating to equality and non-discrimination on the basis of sex; q) Revoke the provisions concerning criminal procedure contraventional responsibility.

9 Article 3 Duration the present legislative authorization lasts for 120 days.

Seen and approved by the Council of Ministers of 7 May 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 10 With the present law, a set of changes in procedural discipline of labor law, justified by the need to adapt to the new realities labour law introduced with the revision of the labour code, operated by law No. 7/2009 , February 12. The aim is therefore to ensure the feasibility of the labour law noun, and, in some cases, the adjustment of the existing procedural means in the current code of labour procedure, in others, the creation of new procedural mechanisms, in others still, it is only to the compatibility of the terminology of the code of labour procedure with the one used in the labour code. 1-from the point of view of General changes, the terms "employer", "disciplinary proceedings" and "salary" shall be replaced respectively by "employer" or "employer", "disciplinary procedure" and "retribution". 2-within the framework of legal capacity, is shifted to the labor process, its headquarters, the natural norm of judicial capacity allocation to the collective representation of workers structures ensuring the information and consultation of employees in undertakings or groups of transnational companies and regulates the institution of works councils or simplified procedures for information and consultation in undertakings and Community-scale groups of undertakings. 3-Legislates in order to clarify, by means of an exhaustive enunciation, actions relating to the control of legality and supervision of collective interests for which the Prosecutor has active legitimacy. These include, in particular, the actions for annulment and interpretation of clauses of collective agreements to work. 4-The data concerning the labour litigation show that a large number of conflicts presented labour courts ends by agreement between the parties, i.e. without the need of a court ruling that imposes a certain regulation of litigation.

11 the Labour Mediation System (SML) is the result of an agreement promoted by the Ministry of Justice with all social partners, materialized in a protocol signed on 5 May 2006, and that allows individual conflict resolution work since it does not concern rights unavailable or resulting from accidents at work. At this point, the SML copper throughout the territory of continental Portugal, noting 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 parties agree to out-of-court settlement of the dispute, in particular, through the use of mediation systems, for the resolution of conflicts that affect employers and employees, by applying the rules contained in the code of Civil procedure, which establish, inter alia, that the intervention of a mediator may permit suspend the limitation and prescription periods that are in progress , which makes unnecessary the submission of an action solely to prevent the revocation or limitation of their rights, when there is still the possibility of resolving the conflict by agreement. Allows that, at any time of an action, the process may be referred to mediation by the initiative of the judge or of the parties. 5-the international jurisdiction of the courts is extended to situations of posting of workers to other States regulated in the labour code, if appropriate, at the same time, the transfer, to the labour process and with the necessary adaptations, of the rules of international jurisdiction regarding European works councils and information and consultation procedures where there is a relevant connection with the country. It is expected, on the other hand, the extension of the scope of the settlement activities and sharing of assets of pension institutions and trade unions and other associations are required these institutions or associations of employers and associations of workers, since the latter, and may enjoy legal and judicial personality, can also take the position of demand.


12 6-in respect of serving a document, only the standard which determines that the notification of the party must precede his representative or unofficial patron, by eliminating, in line with what was already being advocated by doctrine and jurisprudence, the priority here. Are further changes and notification of inquiry witnesses, closing its scheme the civil process. Dedicates, in particular, the possibility of inquiry through teleconference. 7-the chapter on precautionary procedures is subject to significant changes and bottom of the form in the section referring to specified procedures, without prejudice to the maintenance, under regulated in the current code of labour procedure, the general principle of admissibility of specified procedures and the interim common procedure. From the systematic point of view, the biggest news in the field of protection is the merging of specified procedures of suspension of individual dismissal and suspension of collective redundancies in one procedure named – the suspension of dismissal – which always opposed and which is admitted to any mode of proof, the maximum limit of three witnesses. With this solution simplifies-if the proceedings, without prejudice to the guarantees of the parties. The suspension of the dismissal is enacted should the Court conclude the serious likelihood of unlawfulness of dismissal. Significant practical range is also the amendment introduced in the rules governing the personal appearance of the parties at the hearings held in precautionary procedures, common or specified to define explicitly the possibility for those doing represented by agent with special powers to confess, give up or compromise in cases of failure to appear justified.

13 8-to make possible the changes in labour relations with the noun scheme introduced by the labour code, continuing the reform of labour law, following the noun proposed by the white paper on labour relations and embodied in the social dialogue between the Government and the social partners to Reform industrial relations, June 25 2008 , now the right adjective a declarative action of conviction with special process for judicial review of the regularity and lawfulness of the dismissal of an urgent nature, who admits to always appeal to the relationship, applicable to cases in which it is communicated in writing to the worker the decision of individual dismissal, is due to the fault of the worker, whether by extinction of the workstation , is still inadequate. Also the possibility of opposition by the employer required the employee reintegration is accompanied by the adjective, consecration of a standard which offers when and how such a College may be exercised. Already at the stage of sentence, the legislator clarifies the obligations of employer sentenced in reintegration, establishing legal consequences for the situation of possible non-compliance. Clarified now that the worker can obtain, within the own execution, the conviction of the employer in penalty, even in cases where this had not been previously established in the declaratory process. The proven solution comes, so, standardize judicial practice and strengthen the guarantees of the worker. In an innovative manner, are also created three other new special processes, with urgent nature, feasibility, once more, to the innovations of the noun scheme: i) the challenge of confidentiality of information or the refusal of performance or consultations, created to guarantee the normal operation of the duty of reserve and confidentiality of members of the collective representation of workers structures for information communicated to them by the employer and as well as the possibility to refuse the provision of information by the employer.

14 ii) which is intended to protect the rights of personality, inspired by the special procedure of protection of personality, name and confidential correspondence laid down in the code of Civil procedure, due to the similarity of the values involved. III) Other relative to equality and non-discrimination on the basis of sex, which aims to ensure quickly the possibility of recourse to the courts for the right to equal treatment at work, employment and vocational training. 9-Foresees that the provisions concerning criminal procedure contraventional responsibility are withdrawn, in accordance with the conversion of the labour offences and their penalties in law of mere social ordering, regulated in the labour code, and whose legal regime shall be governed by the new regime. 10-Finally, it clarifies the competence of the labour courts to the supervision of the legality of the Constitution and bylaws of the unions, employers ' associations and workers ' committees, changing the legal provisions relating to the organisation and functioning of the judicial courts. Were heard the Government organs of the autonomous regions, the High Council of the Public Ministry, the Supreme Judicial Council, the Board of Governors of the Administrative and fiscal Courts, the Bar Association, the order of the Solicitors, and representative organisations of workers and employers. So: the use of legislative authorization granted by law no [...] of [...], and in accordance with paragraph b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: 15 article 1 Amendment to the code of labour procedure 1-articles 4, 5, 10, 13, 15, 18, 21, 24, 26, 30, 32, 34 to 40, 45, 46, 60, 67 , 68, 70, 75, 77, 79 to 83, 87, 90, 99, 101, 104, 108, 120, 148, 152, 162, 164, 165, 168, 173, 174, 180, 181 and 185 of the code of labour procedure, approved by Decree-Law No. 480/99, of November 9 and amended by decree-laws no 323/2001, of 17 December, and 38/2003, 8 March, are replaced by the following : ' Article 4 [...] The fact that the entities work collective agreements, as well as the workers and the employers directly interested, are legitimate parties in proceedings relating to the annulment and interpretation of provisions of those conventions. Article 5 legitimacy of collective representation structures of workers and of employers ' associations 1-trade union associations and employers are legitimate parts like authors in actions relating to rights relating to collective interests they represent. 2-The trade union associations may exercise the right of action, representing and replacing workers who the permit: a) In actions relating to measures taken by the employer against workers belonging to the Trade Union or association managers bodies in this exercise any Office; (b)) in respect of measures taken by the employer against his associates who are elected representatives of workers;

16 c) [...]. 3 – […]. 4 – […]. 5-in the actions that individual interests are concerned of workers or of employers, their associations may intervene as its members ' assistants, provided that on the part of interested written declaration of acceptance of the intervention. 7 – the structures of collective representation of workers are legitimate part as an author in the actions in which they are concerned the classification of information as confidential or the refusal to provide information or for consultations on the part of the employer. Article 10 [...] 1-on the international jurisdiction of the courts of the work included are cases in which the action may be brought in Portugal, in accordance with the rules of territorial jurisdiction set out in this code, or they have been practiced in Portuguese territory, in whole or in part, the facts of the cause of action in action. 2-also included on the international jurisdiction of the courts of the work: the) cases of secondment to other States of workers employed by undertakings established in Portugal; b) The issues relating to European companies and councils information and consultation procedures in which the administration of the group is based in Portugal, or for group company based in Portugal.

17 Article 13 [...] 1-[...] 2-employers or insurers, as well as security institutions, also domiciled in the place where branch, agency, subsidiary, delegation or representation. Article 15 [...] 1 – [...]. 2 – […]. 3 – […]. 4 – it is also the Court of the domicile of the victim, patient or beneficiary if he requests to the litigation phase of the proceeding or if there has submitted the participation. 5-In case of plurality of beneficiaries in which several have exercised the option provided for in the preceding paragraph is territorially competent court of the area of residence of the highest number of beneficiaries. 6-[previous No. 5].




18 article 18 settlement Actions and sharing of assets of pension institutions, unions, associations of employers or of workers and other committees in that they are required these institutions, associations or fees 1-settlement activities and sharing of assets of pension institutions, unions, associations of employers or workers or in other committees in which one of these institutions is required , associations or commissions the Court of their headquarters. 2 – […]. Article 21 [...] […]: 1.ª […]; second judicial review actions of the regularity and lawfulness of dismissal; 3rd [previous 2nd]; 4th [previous 3rd]; 5th [previous 4th]; 6th [previous 5th]; 7th [previous 6th]; 8th [previous 7th]; 9th [previous 8th]; 10th [previous 9th]; 11th [...];

19 12th Other special procedures provided for in this code; Thirteenth [previous 12th] article 24 [...] 1 – [...]. 2-in cases of representation or unofficial sponsorship, the notification is made simultaneously with the represented or sponsored and the representative or unofficial patron, regardless of order. 3 – […]. 4 – […]. Article 26 [...]

1-urgent nature: a) the action of challenging the regularity and lawfulness of dismissal; b) the action is concerned the dismissal of a member of the collective representation of workers; c) the action is concerned the dismissal of pregnant worker, worker who has recently given birth or breastfeeding or the enjoyment of parental leave; d) the action of disputes on collective redundancies; and) actions arising from accidents at work and occupational disease f) the action of challenging the confidentiality of information or the refusal of performance or consultations;

20 g) the protection of the worker's personality; h) actions relating to equality and non-discrimination on the basis of sex. 2 – the actions referred to in point (e)) of the preceding paragraph are at their own initiative. 3-emerging action of an accident at work, the instance starts with the receipt of the participation. 4-the action of challenging the regularity and legality of the dismissal, the instance starts with the receipt of the request referred to in paragraph 2 of article 387.º of the labour code. Article 30 1-the counterclaim is permissible when the request of defendant emerges from the fact that serves as a legal basis for action and in the case referred to in point (a) Article 85) the law 3/99, of 13 January, or (p)) of article 118 of the Law 52/2008 of 28 August, since, in any case , the value of the claim exceeds the jurisdiction of the Court. 2 – […] Article 32 [...] 1 – [...] 2-in the case of admissibility of the opposition parties are warned to appear in person or, in the case of unjustified failure to appear, be represented by agent with special powers to confess, give up or compromise, at the hearing, which shall endeavour to reconcile the dispute. 3 – […]

21 article 34 [...] 1-Presented the initial application within the time limit laid down in article 386.º of the labour code the judge orders the quote from defendant to oppose, wanting, and designates the same Act final hearing date, which must be held within 15 days. 2-If invoked dismissal preceded by disciplinary procedure, the judge, in the order referred to in the preceding paragraph, order the required notification to within of the opposition join the procedure, which is attached to the record. 3-in cases of collective redundancy, for the termination of the job and by inadequate, the court notifies the defendant to within of the opposition join the record supporting documents required formalities. 4 – judicial review of the regularity and legality of the dismissal, should be required in the initial application, in case you haven't yet been presented the form referred to in article 98-C, under penalty of revocation of the interlocutory proceedings. Article 35 [...] 1-the parties may present any evidence, being limited to three the number of witnesses. 2-the Court may, of its own motion, determine the production of other evidence which it considers essential to the decision. Article 36 [...] 1-the Parties shall appear in person at the hearing or, in the case of unjustified failure to appear, be represented by agent with special powers to confess, give up or compromise.

22 2-at the hearing, the judge will attempt conciliation and, if this doesn't work, hear the parties and orders the production of proof that there is place, handing the decision. 3 – […]. 4 – Required the judicial review of the regularity and legality of the dismissal, shall apply the provisions of paragraph 4 of article 98-F, being dismissed the attempt at conciliation referred to in paragraph 2. Article 37 [...] 1-in the absence of the applicant or unjustified appearance of both parties, without having done represented by agent with special powers, Providence is soon rejected. 2-If the defendant fails to attend or justify the lack in the Act itself, even if you do represent by agent with special powers, Providence is upheld, unless there has been compliance with the provisions of paragraphs 2 and 3 of article 34, in which case the judge decides on the basis of the elements set out in the record and the evidence that automatically determine. 3-if any or both parties rightly are missing, the judge decides in accordance with the second part of the preceding paragraph. Article 38 [...] 1-If the defendant fails to comply with unjustifiably the provisions of paragraphs 2 and 3 of article 34, Providence is enacted. 2-If the failure is justified until the expiry of the prescribed period, the judge decides on the basis of the elements set out in the record and the evidence that automatically determine.

23 article 39 [...] 1-the suspension is ordered if the Court considered all the relevant circumstances, the likelihood of unlawfulness of dismissal. 2-the decision on the suspension is enforceable in respect of outstanding payments and the employer, until the last day of each month following the decision, gather proof of your payment. 3-the execution, with successive tract, follows the terms of articles 89 and following, mutatis mutandis. Article 40 [...] 1-the final decision always appeal to the relationship. 2-the resource has merely devolutive effect, but the appeal of the decision to enact the Providence is assigned, the suspensive effect of filing, the applicant depositing in court the amount corresponding to six months of retribution of the defendant, plus the corresponding social security contributions. 3 – […]. Article 45 [...] 1-Presented the application, the judge may order, by the entity with competence in the field of labour inspection, summary examination at facilities, locations and work processes, with a view to detecting the dangers alleged by the applicant. 2 – […].

24 Article 46 [...] 1 – [...]. 2 – the arrangements must exist does not affect the civil, criminal or administrative responsibility that the case fits in accordance with law. Article 60 [...] 1 – [...]. 2-regardless of the value of the cause can, also, the author respond to the dispute, within 10 days, if the defendant has used the option provided for in paragraph 4 of article 398 of the labour code. 3-having been deducted exception or there is no counterclaim, are only allowed articulated consequential damages pursuant to article 506.º of the code of Civil procedure or for the purposes of article 28. 4-[previous paragraph 3]. Article 67 Inquiry of witnesses witnesses testifying at the hearing in person or through final conference call, under the code of Civil procedure. Article 68 [...] 1 – [...]. 2 – […].

25 3-instruction, discussion and trial of the case the court causes of collective value higher than the purview of the relationship since both parties request and no have required the recording of the hearing. 4 – the recording of the hearing and the Court's collective intervention must be claimed at the preliminary hearing, that there is no place, or up to 20 days before the date fixed for the hearing of the trial. 5 – […]. Article 70 compulsory conciliation Attempt and causes of postponement of hearing 1-Made the call of people who have been called the judge seeks to reconcile the parties. 2-Frustrated conciliation, is open to audience, being the result of trying to record in its minutes. 3-[previous No. 2]. Article 75 [...] 1-whenever the action have as their object the execution of pecuniary obligation, the judge must guide it in such a way that the sentence, when is condemnatory, passed in right amount due importance. 2-in the event that has been deducted on compensation the amount of unemployment benefit, the Court shall communicate the decision to the competent service of the Ministry responsible for social security.

26 article 77 [...] 1 – [...]. 2-When the sentence does not fit feature, the complaint of the nullities of the sentence is made in application addressed to the judge convicting. 3 – […].


Article 79 decisions admit consistently feature [...]. Article 80 [...] 1-the deadline for the filing of an appeal or of magazine is 20 days. 2-in the cases provided for in paragraphs 2 and 4 of article 79-and in the cases provided for in paragraphs 2 and 4 of article 721.º of the code of Civil procedure, the time limit for appeal is reduced to 10 days. 3-If the feature has as its object the review of recorded evidence, the periods referred to in the last part of the previous 10 days are numbers. Article 81 [...] 1 – [...]. 2 – […]. 3 – […].

27 4-[...]. 5-the magazine appeals applies the regime established in the code of Civil procedure. Article 82 [...] 1 – [...]. 2-If the judge not to send up the application, the applicant may claim. 3 – […]. 4-If the judge rejects the complaint, send listen to the opposing party, unless you have been challenged only the admissibility of the appeal, the superior court to which the rapporteur decide the matter within five days. 5-Decided the admissibility or timing of the resource, follow this their normal terms. Article 83 [...] 1-the appeal has merely devolutive effect, without the need for a declaration. 2-the applicant may obtain the suspensive effect if the application for appeal require the provision of security of importance in that it was condemned by means of actual deposit in Caixa Geral de Depósitos, or through bank guarantee or performance bond. 3 – the appeal has suspensive effect the cases provided for in cases referred to in paragraph 1 (b))) of paragraph 3 of article 692.º of the code of Civil procedure and in other cases provided by law. 4-the judge fixes not surplus to 10 days, to the provision of security, and if this is not provided within the time limit set, the sentence can be immediately executed.

28 5-the security referred to in paragraph 1 is rendered in autos. Article 87 1 resources Trial-the trial of the regime's resources which results, with any necessary adaptations, the provisions of the code of Civil procedure governing the trial of appellate review and magazine. 2 – […]. 3 – […]. Article 90 Implementation of essential rights 1-in the case of essential rights, the author has the deadline of 30 days after the final transit of the sentence of condemnation in right amount, which may be extended by the judge, to start the execution of the Executive title. 2-If the author does not start running on the deadline, and has not been by the process document the extinction of the debt within the time limit referred to in the preceding paragraph, the Court, of its own motion, ordering the beginning of Executive process, whose execution steps are carried out by bailiffs. 3-[deleted]. 4-[deleted]. 5-[deleted]. 6-[deleted].

29 Article 99 [...] 1 – [...] 2-When the contribution is made by an insurer, must be accompanied by all the documentation available, clinical and diagnostic entity copy of your policy and its additional force as well as the Declaration of remuneration of the month prior to the accident, disability and hospitalizations discriminative note and copy of the supporting documents of the compensation paid since the accident. Article 101 Processing in other cases of permanent disability 1-[...]. 2 – […]. Article 104 [...] 1 – [...] 2-until the beginning of the contentious phase, the public prosecutor may request the services of the organization with competence in the field of labour inspection, without prejudice to the competence legally assigned to other entities, carrying out urgent investigation and summary about the circumstances in which the accident occurred, when: a) [...]; b) […]; c) […]; d) […].

30 3-[...]. 4-whenever, as a result of an accident, is not to exclude the existence of criminal responsibility, the Prosecutor must give inform the competent criminal court, referring, in particular, the investigation drawn up by the competent entity in the field of labour inspection. Article 108 [...] 1-conciliation attempt are called, in addition to the victim or of the legal beneficiaries, employers or insurers, as the constant elements of participation. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-in the courts located in the metropolitan areas of Lisbon and Porto there's nowhere to deprecated for medical examination and attempted conciliation. Article 120 [...] 1-in cases of accidents at work, in the case of pensions, the value of the claim is equal to the result of the multiplication of each pension by their constant rate of the applicable practices to the calculation of remission, plus other benefits. 2 – […]. 3 – […].

31 article 148 [...] 1 – [...]. 2 – […]. 3 – […]. 4 – […]. 5 – in the courts located in the metropolitan areas of Lisbon and Porto there's nowhere to deprecated for delivery of remission. Article 152 [...] 1 – [...]. 2-In case of death of the victim, the process for the Prosecutor's Office for the purposes of articles 142 and 144; in other cases, the judge hears the opposing party and the Public Ministry. 3 – […]. Article 162 [...] 1-litigation processes of welfare institutions, child benefit, unions, associations of employers or of workers committees follow the terms of the common procedure provided for in this code, except as provided in the following articles. 2 – […].

32 Article 164 [...] 1-decisions and other acts of organs of social security institutions, unions, associations of employers or of workers committees addicts for violation of the law, want, want of form, or violation of the statute can be declared invalid in action brought by those who have a legitimate interest, unless the same fit feature. 2 – […] 3 – […] Article 165 [...] 1-the judge sends the defendant and orders this report documents relating to the situation the subject of impeachment that have not yet been together to record. 2 – […]. Article 168 suspension of effectiveness in application the author apply for the suspension of validity of acts or provisions challenged, demonstrating that their execution may result substantial damage, the judge can impose the suspension right now or after the contest. Article 173 [...] 1-the assessment and sharing of assets of pension institutions, unions, associations of employers or of workers ' committees shall be as is determined in the law and the statutes.

33 2-[...]. Article 174 [...] 1-entry into liquidation of pension institutions, unions, associations of employers or of workers ' committees is reported to the Court by the last direction, or by the Chairman of the general meeting within 30 days of the date of the Act that has given the dissolution. 2 – […]. 3-When the law or the articles of Association determine the global transfer of assets to another institution, association or Committee, the last direction, having to carry out this transfer. Article 180 [...] 1-the judge may determine that all or some of the liquidators to remain in Office for a period not exceeding three years, counting from the approval of share accounts, only for the purpose to represent the institution, association or Commission in court or out of court or to efectivarem rights or meet obligations that only after knowledge sharing or whose livelihood the judge understand should not impede the sharing. 2-If during the period referred to in the preceding paragraph shall not terminate any process in which the institution, association or Commission are parties, the liquidator shall remain in Office until the end of the process.



34 Article 181 [...] 1 – if it is not possible to establish which are the people who, according to the statutes, shall be entitled to the share of the balance, made the appointment of liquidators, the following are the applicable terms of the special process of liquidation in the case of heritage vacancy for the benefit of the State, as provided for in the code of Civil procedure. 2 - [...]."

Article 185 Form, process and resource effects 1-[...]. 2 – the final decision always magazine feature until the Supreme Court of Justice. 3 – […].”

2 – the following titles, chapters, sections, subsections and divisions of labour procedure code, approved by Decree-Law No. 480/99, of November 9 and amended by decree-laws no 323/2001, of 17 December, and 38/2003, 8 March, are replaced by the following: a) Subsection I of section II of Chapter IV of title III : "Suspension of dismissal"; b) title V, chapter III: "final provisions"; c) Chapter III title VI: "the legal Process of welfare institutions, child benefit, unions, employers ' associations or committees of workers";


35 d) section III of Chapter III of title VI: "judicial review of statutes, resolutions of general meetings or elections"; e) section V of chapter III of title VI: "the liquidation and Division of property of pension institutions, unions, associations of employers or of workers committees.» Article 2 Amendment to the code of labour procedure Are added to the code of labour procedure articles 2A, 5A, 27-, 40-, 60-, 74, 79-83,-A, 98-the 98-P, 164-A, 164-B and 186-the 186-J, with the following text:% quot% Article 2A the judicial Capacity of the structures of collective representation of workers collective representation structures of workers , even if devoid of legal personality, enjoy active and passive legal capacity. Article 5-the legitimacy of the public prosecution service the public prosecution service has active legitimacy in the following actions: a) actions relating to the control of the legality of the Constitution and bylaws of unions, employers ' associations and workers ' committees; (b) Actions for annulment and interpretation) clauses of collective agreements to work. Article 27-The mediation process shall apply, mutatis mutandis, articles relating to mediation provided for in the code of Civil procedure.

36 article 40-the expiry of the interlocutory proceedings shall cease if and when enacted, Providence falls: a) if the employee does not proposes the challenge of action collective redundancies which injunction depends on, within 30 days from the date on which it has been notified that the decision has ordered; b) in other cases provided for in the Code of Civil procedure which are not incompatible with the nature of the work process. Article 60-opposition to the reintegration of the worker 1-Having the reintegration of the worker was required in the application, opposition to it should be deducted in the contest. 2-in the case referred to in the preceding paragraph, the author can always answer the contest within 10 days. 3-If the reintegration is required outside the writ of summons, the opposition can be inferred in articulate, which admits always reply, articulate, within 10 days. Article 74 the condemnation on the reintegration worker 1-reintegration must be proven in the process through the joint record of the document showing the resumption of payment of the consideration. 2-final the sentence, without that made the reintegration, can the employee require also the application of penalty payment to the employer, as provided for in the code of Civil procedure for the implementation of that provision.

Article 37 79-the appeal 1 – the decision of the Court of first instance termination of appeal process of appeal. 2 – it is also an appeal the following decisions of the Court of first instance: I appreciate the decision) impediment of the judge; b) of decision that enjoy the jurisdiction of the Court; c) of the decision ordering the stay of proceedings; (d)) of the dispatches that exclude any part of the process or constitute, as her final decision, as well as the final decision rendered in the third intervention incidents and license; and) the decision referred to in (a)) of paragraph 3 of article 98-J; (f)) of the order that, in accordance with paragraph 2 of article 115, refuse the homologation of the agreement; g) Of orders delivered after the final decision; h) Decisions whose challenge with the final decision would be absolutely useless; I) in the cases referred to in (c)), d), and), h), (i)), j) and (l)) of paragraph 2 of article 691.º of the code of Civil procedure and in other cases expressly provided by law. 3-the remaining decisions given by the Court of first instance may be challenged in the appeal to be brought from the final decision.

38 4-in the case referred to in the preceding paragraph, the Court will dismiss the contested decisions together with the final decision when the offence committed can change that decision or when, independently of this, the interest for the applicant. 5-if there is no appeal of final decision, interlocutórias decisions that have interest to the appellant regardless of that decision may be contested in a single resource, the lodge after the transit of that decision. Article 83-1 resources rise – Rise in own autos appeals of decisions provided for in paragraph 1 of article 691.º of the code of Civil procedure. 2 – go up in separate appeals not included in the preceding paragraph. Article 98-the remission In everything that is not specifically regulated in this title shall apply the rules of the code of Civil procedure relating to the execution. Article 98-B mandatory Constitution lawyer is only compulsory to Constitution of lawyer after the hearing of parties, with the presentation of the pleadings of the parties.



39 Article 98-C Start 1 process-in accordance with article 387.º of the labour code, in the event that is communicated in writing to the worker the decision of individual dismissal, is due to the fault of the worker, whether by extinction of the workstation, either by inadequate, judicial review of the regularity and legality of the dismissal, begins with the delivery , by the worker, with the competent court, in electronic form or application in paper form, which appears in the worker's statement of opposition to the dismissal, without prejudice to the next paragraph. 2 – If the restraining order has been submitted to preventive suspension of the dismissal, under the conditions laid down in articles 34 and following, the initial application of precautionary procedure of stating that the employee requires the judicial review of the regularity and lawfulness of dismissal dispenses with the presentation of the form referred to in the preceding paragraph. Article 98-D Form 1-paper-based delivery of the form referred to in the preceding article is made in a single copy in the Office. 2-the form is approved by order of the Government officials responsible for the area of Justice and labour. Article 98-Refusal of the form by the Secretariat the secretariat refuses receipt of the form indicating in writing the grounds of rejection when: the template itself is not listed);

40 b) Omit the identification of the parties; c) has not been joins the decision of dismissal; d) is not signed. Article 98-F Notification for the hearing of parts 1-Received the application, the judge appoints hearing date of parties, to be held within 15 days. 2-the employee is notified and the employer cited to appear in person or in case of unjustified failure to appear, make represented by legal representative with special powers to confess, compromise or give up. 3-the employer joins the disciplinary procedure or the instructor, as the case may be, until the beginning of the attempt at conciliation. 4 – having been required the suspension of dismissal, the hearing of Parties referred to in paragraph 1 before the final hearing in the interlocutory proceedings. Article 98-G effects of no-show of employer 1-If the employer fails to appear at the hearing of parts, or if you do represent pursuant to paragraph 2 of the preceding article, having been or should consider regularly cited, the judge: a) orders the employer to present notification articulated to motivate dismissal, present the witness list and apply any other evidence; b) setting the date for the final hearing, with compliance with the provisions of article 155 of the code of Civil procedure.

41 2 lack the hearing of parties is deemed unjustified, the employer shall be subject to the penalties provided for in the code of Civil procedure to the vexatious litigation. Article 98-H effects of the no-show of the worker if the worker fails to appear at the hearing of parts, or if you do represent pursuant to paragraph 2 of the preceding article, having been or should consider regularly notified, determines the absolution of the application. Article 98-I 1-parts audience Declared opened the hearing by a judge, the employer sets out succinctly the basic fact that motivate the dismissal. 2-After the response from the worker, the judge will seek to reconcile the parties, under the terms and for the purposes of articles 51 to 53. 3-If you notice that the pretension of the employee otherwise applies, the judge refrains from meet the request, absolves the employer, instance and informs the employee of the time limit for bringing action with common process. 4-Frustrated the attempt at conciliation, the parties the judge: a) the immediate notification of the employer to present articulated to motivate dismissal, present the witness list and apply any other evidence; b) setting the date for the final hearing, with compliance with the provisions of article 155 of the code of Civil procedure.


42 Article 98-J 1 employer's Articulated – the employer can only rely on facts and reasons set out in decision of dismissal notified to the employee. 2-in case you want the Court to delete the reintegration of the worker in accordance with article 392.º of the labour code, the employer must apply it immediately in the same articulate, invoking the facts and circumstances underlying his claim, and present the evidence to the effect. 3-If the employer does not submit the articulate referred to in the preceding paragraph, the judge declares the unlawfulness of dismissal of the worker, and: a) Condemns the employer to reinstate the employee or, if it has chosen a compensation in lieu of reinstatement, to pay to the employee, at a minimum, compensation corresponding to 30 days of retribution base and diuturnidades for each year or fraction of antiquity without prejudice to paragraphs 2 and 3 of article 391.º of the labour code; b) orders the notification from the labourer to, want, within 15 days, present at which emerging credits petition pleading of the employment contract, the breach or termination. 4-on the same date, the employer is notified of the sentence about the referred to under (a)) of the preceding paragraph. Article 98-L Challenge 1 – Presented the article articulated above, the employee is notified to, within 15 days, challenge, wanting.

43 2-If the employee does not contest, having been or should consider regularly notified in his own person, or having joined the legal representative power of Attorney within the contest, confessed the facts articulated by the employer being favorite sentence soon judging the cause as of right. 3-in the dispute, the worker may deduct counterclaims in the cases provided for in paragraph 2 of article 274 of the CODE of CIVIL PROCEDURE, as well as to petition claims arising from an employment contract, regardless of the value of the action. 4-If the worker has championed by exception, can the employer to respond to the matter within 10 days; going on counterclaim, the deadline for reply shall be extended for 15 days. 5-is correspondingly applicable the provisions of paragraphs 2 and 3 of article 60 and paragraph 6 of article 247.º of the code of Civil procedure. Article 98-M later the articulated 1 Terms-of complete pleadings, the process follows the terms provided for in articles 61 et seq., and the evidence to be produced in trial hearing begins with the offered by the employer. 2-If invoked dismissal preceded by disciplinary procedure is still apply the provisions of paragraph 4 of article 387.º of the labour code.



44 Article 98-no payment of interim payments by the State 1-Without prejudice to the provisions of paragraph 2 of article 390.º of the labour code, after the expiry of 12 months from the submission of the form referred to in article 98-(C) the Court determines that it is carried out by the competent authority in the field of social security payment of compensation payable to the worker from that moment until the notification of the decision in first instance declaring the unlawfulness of dismissal. 2-the competent authority in the field of social security is always notified of the decision referred to in the preceding paragraph, the appeal of the decision to declare the unlawfulness of dismissal, as well as of the decision on appeal. 3-the competent entity in the area of social security carries out the payment to the employee of the compensation referred to in paragraph 1, up to 30 days after the decision has become final transit to declare the unlawfulness of dismissal. 4 – the budgetary allocation to support the financial burden of the competent authority in the field of social security as a result of paragraph 1 shall be included annually in the Budget of the State, in its own heading. Article 98-1 Deductions-in the period of 12 months referred to in the previous article does not include: a) The periods of stay of proceedings pursuant to article 276.º of the code of Civil procedure; b) the period of mediation, conciliation and attempt to improvement of pleadings. 2-The compensation referred to in the preceding article there shall be deducted the amounts referred to in paragraph 2 of article 390.º of the labour code.

45 Article 98-P Value of about 1 – for the purposes of payment of costs, applies to the action for judicial review of regularity and lawfulness of the dismissal as provided in subparagraph (e)) of the paragraph n1 article 12 of the regulation of Costs. 2-the value of the claim is always set to end by the judge, taking into account the economic utility of the application, including the value of compensation, and wages that have been recognized. 3-if appeal before fixing the value of the case by the judge, should this fix it in order that admits the appeal. Article 164-the Challenge of statute 1-statutes of the entities referred to in the preceding article may be challenged by prosecutors, on its own initiative or at the request of any interested party. 2-the application must be accompanied by a copy of the said statutes. Article 164-B Challenge of elections The elections to the organs of the entities referred to in this section may be challenged on the basis of their illegality for who was defeated in the election, within 10 days of the date of that election or knowledge of the irregularity, if later.

46 Article 186-1 Requirement – if you want the challenge of confidentiality of information or the refusal of performance or consultations, the author claims the grounds on which the application indicates the points that matter to find out and requires the arrangements that repute. 2-the defendant cited to challenge within 15 days. Article 186-B later Terms 1 – Ended the pleadings, the judge knows the request immediately, unless they understand that making additional efforts, in which case orders those that repute. 2 – the process has urgent nature. Article 186-C 1 Decision – the decision determines the information to be provided and the timeframe for its provision. 2-at the request of the author can be fixed penalty payment. 3 – the decision is only likely to appeal to the Court of appeal with suspensive effect.

47 Article 186-D application form the application of measures intended to prevent the consummation of any violation of the rights of the worker's personality or mitigate the effects of the offence already practiced is formulated against threat or offence and, also, against the employer. Article 186-and subsequent Terms 1-defendants are cited to contest within 10 days. 2 – regardless of whether or not contested, the Court shall decide after consideration of the evidence produced. Article 186-F urgent urgent nature process. Article 186-G-1 Remission In actions relating to equality and non-discrimination on the basis of sex, the corresponding provisions of the common procedure, with the specifications of the following articles, without prejudice to the provisions of paragraph 2. 2-the judicial declaration of invalidity of a provision of a collective agreement in the field of equality and non-discrimination in accordance with Article 479.º of the labour code, follow the procedures of the action envisaged in articles 183 and following.

48 Article 186-H info on registered judgments until the hearing and trial, the judge calls for ex officio to the entity that has competence in the area of equality and non-discrimination between men and women at work, employment and vocational training, information on the record of any court decision relevant to the cause. Article 186-(I) Communication of the decision the Court shall communicate the decision to the competent authority in the field of equality and non-discrimination between men and women at work, employment and vocational training, for the purposes of registration. Article 186-J Remission of challenging decisions of administrative authorities to apply fines in labour process follows the terms of the scheme of procedure of the labour offences, consisting of specific law. " Article 3 Amendment to the Organization of the code of labour procedure are made the following amendments to the systematic organization of the code of labour procedure: a) is introduced a new chapter I of title VI, which begins with article 98-B and ends with article 98-P, and is called ' action for judicial review of the regularity and lawfulness of the dismissal» and the subsequent chapters be renumbered accordingly;


49 b) is introduced a new chapter V of title VI, which begins with article 186-and ends with the article 186-C, and call themselves ' challenging the confidentiality of information or the refusal of performance or consultations; c) is introduced a new chapter VI of title VI, which begins with article 186-D and ends with article 186-F, and call themselves ' Tutelage of personality of the worker '; d) is introduced a new chapter VII of title VI, which begins with article 186-G and ends with article 186-I, and is called ' equality and non-discrimination on the basis of sex '; and) is introduced a new title VII, article 186-J, who call themselves ' alleged infringement ' article 4 1 – Revocation shall be repealed articles 41 to 43, 76, 84 to 86, 89 and 91 to 97 of the code of labour procedure approved by Decree-Law No. 480/99, of November 9 and amended by Decree-Law No. 323/2001 , 17 December, and no. 38/2003, 8 March. 2 – With the entry into force of article 186-J is revoked the book II of the code of Labour Procedure approved by Decree-Law No. 480/99, of November 9 and amended by Decree-Law No. 323/2001, of 17 December, and no. 38/2003, 8 March. Article 5 Amendment to the law on organization and functioning of the Judicial Courts 1-Article 85 of the law of the Organization and functioning of the Judicial Courts, approved by Act No. 3/99, of 13 January, is replaced by the following: 50 "Article 85 [...] It is up to the labour courts meet in civil matters:) [...]; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]; h) […]; i) […]; j) […]; l) […]; m) […]; n) […]; o) […]; p) […]; q) […]; r) […];

51 s) Of issues relating to the control of the legality of the Constitution, the statutes and the activity of unions, employers ' associations and workers ' committees; t) [previous (s))]. " 2 – article 118 of the new law on organisation and functioning of the Judicial Courts, approved by law No. 52/2008 of 28 August, is replaced by the following: "article 118 [...] It is up to the judgment of the work meet in civil matters:) [...]; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]; h) […]; i) […]; j) […]; l) […]; m) […]; n) […];

52) [...]; p) […]; q) […]; r) […]; s) Of issues relating to the control of the legality of the Constitution, the statutes and the activity of unions, employers ' associations and workers ' committees; t) [previous (s))]. " Article 6 Application in time the standards of the code of labour procedure as amended by the present Decree-Law shall apply to actions that begin after their entry into force. Article 7 Republication is republished, in annex, the working procedure with the current wording, which is an integral part of this decree-law. Article 8 entry into force 1-the present law shall enter into force on the day, without prejudice to the provisions laid down in the following paragraphs.



53 2-for the purposes of paragraph 1 of article 438 of the code of the Work approved by law 99/2003 of 27 August, pending the entry into force of paragraph 1 of article 391.º of the labour code, approved by law 7/2009, of 12 February, the worker may opt for reintegration in the company or compensation in lieu of reinstatement until the judgment of the Court, and the Court set the amount of this compensation between 15:45 days of retribution base and diuturnidades for each year or fraction of antiquity, in view of the value of the consideration and the degree of unlawfulness due to article 381.º of the labour code, approved by law 7/2009, of February 12. 3 – article 186-J shall enter into force on the date of commencement of validity of the diploma that regulate the procedural scheme applicable to administrative offences in the area of labour and social security.