Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
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Proposal for Law No 46 /XII
Exhibition of Motives
1. The XIX Government Programme provides for a set of new policies directed at the
competitiveness, growth and employment. Settles the same in the guidelines
necessary to the sustained creation of employment and to the realization of the resumption of growth
economic, ensuring, concomitantly, the conditions to overcome in a way
speedy the current crisis situation and enabling the sustainability of the national public debt.
The Programme of the XIX Constitutional Government concretizes, still, in the Chapter concerning
to "Employment and the Labour Market", a set of measures directed at welfare
of the people and the competitiveness of companies and the Portuguese economy.
For this, flexible labour legislation is shown to be essential, concentrated on the protection of the
worker, and not of the outpost, in the frame of a flexisecurity model,
that fosters the economy and job creation and that vise to combat segmentation
growing of the labor market.
It is thus important to undertake the modernization of the labour market and relations
labour. Indeed, a legislation is shown to contribute, in fact, to the
increased productivity and competitiveness of the national economy, and that concretize
the necessary approximation of the prevailing legal framework in congenic countries,
particularly in the context of the European common market.
More proves to be fundamental, given the current circumstances, to provide the companies with
appropriate instruments of response to crisis situations.
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In this context, the Government has made every effort with a view to reaching an agreement
comprehensive social partner with the social partners, with a view to the implementation of a joint
of policies directed at Growth, Competitiveness and Employment and, well, to the
compliance with the commitments made in the Memorandum of Understanding on the
Economic Policy Conditionalities of May 17, 2011, ensuring,
concomitantly, the social cohesion necessary for the respect of the realization.
The labour reform thus enlists in an important process of Social Concertation,
in the framework of which the respective general lines of action were defined. This process
culminated in the celebration of the Commitment to Growth, Competitiveness and Employment ,
signed on January 18, 2012, between the Government and the majority of social partners
with a seat on the Standing Committee on Social Concertation. The active participation of the
social partners proved decisive for the search for suitable and innovative solutions
for working relations and the national context, allowing for a broad consensus, which
it proves essential to the effective and enduring implementation of the consecrated measures, with
benefits for the dynamisation of the labour market and the competitiveness of companies.
2. The Labour Code, adopted by Law No. 99/2003 of August 27, proceeded, with
undeniable merit, to the unification and systematization of a set of avulous diplomas that
contained the regulation of the labour relationship. This process coincided with the adoption of
various community directives, contributing to the reform of labour legislation and to the
approximation to the prevailing conditions in the European space.
Afterwards, it was the Labor Code object of several changes, of which
the revision operated by Law No. 9/2006 of March 20, as well as by Law No. 7/2009,
of February 12, which sought to unify the hitherto constant regime of the Code of the
Work and the respect of regulation.
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In the current context, identified the main difficulties with which to lie with our
labour legislation and not showing themselves outdated by the reforms
background, and taking into account the need to comply with the terms of the
Commitment to Growth, Competitiveness and Employment , it appears to be imperative to proceed
new revision of the Labor Code.
The present review is shown to be paramount to provide for employees, major
recipients of labour law, a more and diversified labour market
opportunities. Concomitantly, it is intended to enable greater dynamism to
companies, enabling them to effectively face the new economic challenges with
that they are faced with.
The proposed changes are found to be in line with the framework
constitutional and international vigour, notably in what concerne the principles
constitutional, the observance of which is fully safeguarded, as well as to directives
community.
The consecrated solutions result from a broad understanding obtained at the headquarters of
Social Concern, headquarter in which the essential balances on the guardius of the
workers and the flexibility of companies. In addition, they consider themselves to be observed
fundamental values of labour law enshrined in the Constitution of the Republic
Portuguese.
3. The amendment to the Labour Code presents itself as a necessary measure and
suitable for pursuing the following objectives:
i) Improve labour legislation, whether through its updating and systematization,
either by the streamlining of procedures;
ii) Promote the internal flexibility of companies;
iii) Promote collective hiring.
CHAIR OF THE COUNCIL OF MINISTERS
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However, having present the implications of the changes in citizens in particular and in the
working relations in general, the changes take into account the protection of the
legitimate expectations of workers, by setting up solutions
specially delineated with this goal.
On the other hand, considering that the universe of workers shows itself a lot
diversified, presenting different levels of protection, the reform ora carried out
search, yet, decrease disparities and establish a level of protection
tendentially uniform.
The consecrated measures involve important aspements of labour law,
specifically in relation to relaxation of working time, dismissal
on objective grounds and the instruments of collective regulation. In this way, they are
identified four key subjects:
i) Organization of the time of work;
ii) Surveillance of working conditions and communications to the Authority for the
Conditions of Work;
iii) Amendments to the Termination Scheme of the employment contract for objective reasons;
iv) Changes to the regime applicable to the instruments of collective regulation of
work.
4. At the level of the organisation of the working time, a set of measures is adopted in
various areas, with a highlight for the subjects concerning the flexibility of the time of
work, the consideration of supplementary work, holidays, holidays and falters and the reduction or
suspension of the laboration on the grounds of business crisis.
Within the framework of the flexible working time organisation, the following are highlighted
measures:
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i) The creation of the individual hours bank, by agreement between the employer and the
worker, through which the increase of the normal period of time is allowed
work in up to two hours daily, with the limit of fifty weekly hours and
of one hundred and fifty annual hours;
ii) The creation of the grupal hour bank, by the employer's decision, should a
majority of 60% or 75% of workers find themselves covered by bank of
hours provided by instrument of collective regulation or by agreement of the
parties, respectively;
iii) The modification of the rest interval regime, establishing that, in case
of work provision of more than ten hours, the range of rest may have
place after six hours of consecutive work.
At the level of the supplementary work consideration, please emphasize:
i) The elimination of compensatory rest in the event of a work provision
supplementary, ensuring, in any case, daily rest and rest
mandatory weekly;
ii) The reduction to half of the values paid for the title of addition of retribution;
iii) In line with these changes, the reduction to half of the addition of
retribution due for normal work provided on a company holiday day no
thank you to suspend the functioning on that day.
It should be stressed that these measures will take on imperative character with respect to the
instruments of collective work regulation and individual contracts of
work, for the period of two years, counted from the entry into force of the changes to the
Code of Work. After this period, in what concerne to the values due to
extra payment for extra work or normal work provided in
holiday day in companies not obliged to suspend operation on that day, and, case
the provisions that predict them are not object of modification, will be these values
reduced by half, up to the amounts provided for in the Labour Code.
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For its part, in the field of holidays, the reduction of the legal catalogue is carried out,
upon the elimination of four holidays, corresponding to two civil holidays and to two
religious holidays. This measure, which is intended to produce effects already in the year 2012,
without prejudice to the fulfillment of the mechanisms arising from the Concordata between the
Portuguese State and the Holy See, will allow increasing levels of productivity,
contributing to the increment of competitiveness and to the approximation, in this matter,
from Portugal to the remaining European countries.
In the case of the legal arrangements for the holidays, the following measures are adopted:
i) Elimination of the majoration of up to three days of vacation, in case of non-existence or
reduced number of justified falters;
ii) Admissibility of the closure of the company, for a holiday of the employees, in
case of day that is between a holiday that occurs on Tuesday or Thursday
and a weekly rest day, without prejudice to the possibility of, by decision of the
employer, the said closure is compensated for by provision of work
on the part of the worker;
iii) Amendment to the accounting regime for vacation days, establishing that,
whenever the worker's rest days coincide with working days, are
considered as vacation days, in replacement of those, the Saturdays and the
sundays that are not holidays.
It is pointed out that the elimination of the majorities of the holiday will have an imperative character in relation
to the provisions of instruments of collective labour regulations or the clauses
of individual contract of employment that are later than December 1, 2003, the
which will suffer a reduction in equivalent amount, with the limit of three days and without
injury of the minimum duration of the holiday period set out in the Labour Code.
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Within the framework of the scheme of the discourse to work, it is now considered that, in the event of a lack
unjustified in one or in a half normal period of daily work, immediately
prior to or later the day or half day of rest or the holiday, the period of absence a
consider for the purposes of loss of retribution will correspond to the whole of this period.
It is intended, with this measure, to contribute to the reduction of the number of falters
unjustified in days close to periods of rest, which are shown
susceptible to impair to a large extent the employer, given the unpredictability of the
its occurrence and the difficulty in suppressing the absence of the worker in a reduced space
of time.
Finally, in this area, significant changes are made to the legal regime of
suspension or reduction of laboration in a situation of business crisis, from among the
which one underscores:
i) The requirement for the company to have its contributory situation regularized
in the face of tax administration and social security, save when you find yourself in
difficult economic situation or in the process of a company recovery;
ii) In the phase of the communications and the quarterly information phase, the imposition to
employer of the provision, the workers and their representatives, well
as to the service with competence of the ministry responsible for the area of
employment and the area of social security, of documents of nature
accounting and financial that demonstrate the fundamentals of the measure and that
reflect the situation of the company;
iii) The reduction of the application deadlines of the employer's application of the measure and
start of execution of the same, both from ten to five days, enabling
still the immediate start of its application in case according to the
representatives of the workers, or, failing that, of the majority of workers
covered;
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iv) The admissibility of the extension of the measure, upon communication of the
employer to the employees ' representatives or, in their absence, to the own
workers covered;
v) The prohibition of termination of employment contract during the application of the measure and
in the following 30 or 60 days, depending on whether your duration does not exceed or
greater than six months, under penalty of returning the supports received in relation to the
worker in question;
vi) In case of frequency by the appropriate vocational training workers
to the development of your professional qualification, which increases your
employability, or the viabilization of the company and the maintenance of the posts of
work, the allocation of a support in the value of 30% of the Indexing of Apoios
Social (IAS), the employer and the employee, in equal parts;
vii) The maintenance of support by the competent public service of the area of security
social, corresponding to 70% of the retributive compensation.
These changes have in view the streamlining of procedures of the reduction or suspension
of the employment contracts in situations of business crisis, enabling the conditions
necessary for companies to face transitional situations of difficulties,
contributing to prevent redundancies on economic grounds. In this sense,
it is thus betting on measures of the viabilization of companies and consequent maintenance
of the job.
5. In the case of the supervision of working conditions and communications to the Authority
for the Conditions of Work, the following measures are adopted:
i) Elimination of the mandatory sending of the company regulation;
ii) Aligeiration of the contents of the communications prior to the commencement of the activity of the
company or in the event of a change;
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iii) Tacit dewound of the application for reduction or exclusion of the range of
rest;
iv) Elimination of the mandatory submission of the working hour map;
v) Elimination of the mandatory submission of the time-exemption agreement.
These changes aim to reduce bureaucratic procedures, enabling the dispensation of
formalities to companies that have no effective reflection in the working conditions. By
other side, these measures also allow to rationalize the performance of the Authority for
the Working Conditions, allowing you to focus your activity on effective control
of the working conditions.
It is continued in this way the aim to simplify labour legislation by means of the larger
clarity of its standards and the decrease of bureaucracy and excess of procedures,
assimilating into the legislation the specific reality of companies.
6. With respect to the termination scheme for the contract of employment, they have been introduced
modifications to the scope of redundancies for objective reasons, as well as in the
compensations due in case of termination of contract of employment.
These modifications are central to the creation of employment as well as for the existence
of conditions appropriate to the promotion of the mobility of workers. The stiffness of the
labour market is thus minored, facilitating the approximation of the market of
Portuguese work to existing markets in counterparts in the European Union.
In the case of dismissal for the extinction of the job posting, this modality
of cessation rests on the verification of strict assumptions, of objective order, that
constitute just cause for the unilateral cessation of the employment contract by initiative
of the employer.
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The current compulsion to apply a rigid legal criterion for the selection of the post
of work to be extinguished, in case of plurality of jobs with content
identical functional, it shows inadequate to the pursuit of the goals targeted by this
type of dismissal, imposing on the company a solution that might not be the most
adjusted to their needs and those of workers.
The present amendment transfers to the employer the responsibility for the definition of
a criterion for the determination of the worker achieved by the extinction of the post of
work, whenever there is a plurality of jobs with content
identical functional, however, imponds it, however, the obligation to adopt a relevant criterion and
non-discriminatory, under penalty of ilicitude of dismissal.
In addition, the obligation that currently exists of placement of the worker is eliminated
in rank compatible with your professional category. It is stressed that the dismissal
by extinction of the rank of work is based on strict market fundamentals,
structural or technological, ensuring full respect for the requirement of just cause
for the termination of the contract on the initiative of the employer.
Dismissal for inadaptation will hene be allowed even in the situations in which
no modifications have been made to the post. This change allows
to the employer a reaction in the event of a substantial modification of the provision of the
worker, from which it results, namely, a continued reduction in productivity
or of the quality, repeated avairies in the means affected to the job or risks to the
safety and health of the worker, other workers or third parties. The
dismissal may still take place in the inadaptation by default of goals
previously agreed in the event of the non-existence of modifications to the job,
maintaining, however, the current constraint for the posts of technical complexity or of
direction.
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Given the need to safeguard the existence of a valid reason for the
dismissal, a proper procedure is established, as well as the possibility of
defence on the part of the employee, to which an opportunity is still allocated for the
improvement of its provision, thus avoiding dismissal.
In this sense, it should the employer inform the employee of the assessment of the activity
before provided, with a circumstantial description of the facts, demonstrative of the said
substantial modification of its provision, and this may pronounce upon this fact
within the five working days after the recetion of this communication.
The worker should still be provided appropriate vocational training,
available, following the same, of a period not less than thirty days with a view to the
modification of your provision.
Additionally, the employee is assigned the right of denunciation of his contract of
work and to receive the respective compensation, from the moment it receives the
communication from the employer.
In respect of dismissal for inadaptation with modifications to the post of
work, its legal regime is maintained, with some adaptations to the level of deadlines and
of communications.
In the area of compensations for termination of the contract of employment, proceeds are
definition of the conditions of alignment between the work contracts prior to 1 of
november 2011 and the new employment contracts, concluded under the Act
n. 53/2011, of October 14. The proposed legal regime fully safeguards the
expectations of workers regarding the period of time elapsed until the
start of the application of the new compensation values. On the other hand, this alignment
will only have application as of October 31, 2012, date from which, as per
provided for in the Memorandum of Understanding and the Commitment to Growth,
Competitiveness and Employment, the value of the compensation should coincide with the average of the
European Union.
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Thus, for the purposes of calculating the compensation due, the elapsed time period
by October 31, 2012 it shall be governed by the provisions of the Labour Code, in the
wording of Law No. 7/2009, of February 12, being the new values only applicable
from that time. Case the amount of compensation to which the employee has
right until October 31, 2012 exceeds 12 base reciprocations and diuturnals, or 240
guaranteed monthly minimum consideration, the worker will be entitled to that amount, not
being considered for the purpose of calculating the total value of the compensation the period
later than November 1, 2012. On the contrary, should the value ascertained up to 31 of
october 2012 do not exceed that limit of 12 base reciprocations and diuturnals, or
240 guaranteed monthly minimum consideration, at the same will add the amount that
result from the application of the criteria established as of November 1, 2012, not
it may, however, the total compensation exceeds the said limit of 12 reciprocations
basis and diuturnals, or 240 guaranteed monthly minimum retributions.
It is further established the imperativity of this regime in relation to the instruments of
collective regulation of previous work containing higher values,
ensuring this mode the effectiveness and uniformity of the changes.
7. Within the framework of the instruments of collective work regulation, they are
implemented measures of organized decentralization, which translate, on the one hand,
in the possibility that the collective agreements would establish that certain subjects, such
how the geographical and functional mobility, the organisation of working time and the
retribution, can be regulated by another collective convention, contributing from that
mode for a better articulation between the instruments of collective regulation and,
in general, for the promotion of collective hiring.
On the other hand, it is admitaged that in companies with at least 150 employees the
trade union associations can confer upon the structures of collective representation of the
workers the powers for the celebration of collective conventions.
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8. They are, as yet, modified the deadlines for the conclusion and duration of the contract to be
very short duration, thus potentiating the recourse to this contractual model in
the detriment of informal work. In this way, it proceeds to extend the deadline
initial from one week to 15 days, further permitting the contract with the same
employer has the duration, in each calendar year, of 70 days of work.
Finally, the employment contract scheme in commission of service is amended,
enabling that, by instrument of collective work regulation, this
scheme to be applied in case of exercise of managerial duties. However, this agreement
it will only be applicable to the exercise of new managerial roles, i.e. that they take place
departure from the entry into force of the amendments to the Labour Code.
9. The Judgment of the Constitutional Court No 338/2010 has declared the unconstitutionality,
with general mandatory force, of the constant norm of Article 356 (1) of the Code of
Work, approved by Law No 7/2009 of February 12, for violation of Article 32,
n 10, conjugated to Article 53 of the Constitution of the Portuguese Republic. Thus,
have been devoted to the necessary changes to the mandatory instruction in the framework of the
disciplinary procedure relating to dismissal by fact attributable to the employee.
10. The present amendments to the Labour Code impose that, also in the field
procedural steps are taken with a view to ensuring a justice
labour more speedy and more efficient. In this sense and as provided for in the Appointment
for Growth, Competitiveness and Employment , of January 18, 2012, will be object of
diploma autonomo a legislative initiative that promotes mediation and arbitration
labour, contributing in this way to the out-of-court settlement of labour conflicts,
with considerable advantages in terms of speed and effectiveness.
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This proposed law constitutes an essential tool for the regulation of labour relations,
based on a fair balance between the values inherent in the protection of the worker and the
flexibility of companies, reflection of an extended understanding obtained at the headquarters of
Social Concertation.
The Social Partners were consulted, at the headquarters of the Permanent Commission of the Concert
Social, complying with the provisions of Article 92 of the Constitution of the Portuguese Republic and in the
article 471 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.
Object
This Law shall carry out the amendment of the Labour Code, approved by Law No 7/2009,
of February 12, and amended by the Laws n. ºs 105/2009 of September 14 and 53/2011, of
October 14.
Article 2.
Amendment to the Labour Code
Articles 63, 90, 99, 127, 161, 164, 192, 194, 213, 213, 213, 213, 213, 213, 213, 213
216, 218, 226, 230, 234, 242, 256, 268, 269, 299, 299., 299, 299, 299, 299, 299, 299
300, 301, 303, 307, 344, 346, 347, 357, 358, 366, 366., 366, 366, 366, 366, 366, 366
368, 369, 370, 372, 374, 376, 377, 379, 383, 385, 385., 385, 385, 385, 385, 385, 385
389., 482, 486, 491, 492 and 560 of the Labour Code, go on to have the following
essay:
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" Article 63.
[...]
1-[...].
2-[...].
3-[...]:
a) After the probatory representations referred to in Article 356 (1),
in the dismissal by fact attributable to the worker;
b) [...];
c) [...];
d) [...].
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
Article 90.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
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5-[...].
6-[...].
7-[...].
8-The student worker who pays supplementary work is entitled to
compensatory rest with a duration of half the number of hours
presaged.
9-[...].
Article 99.
[...]
1-[...].
2-[...].
3-Internal regulation produces effects after the advertiser advertise
content, specifically through affixing at the company's headquarters and the
workplaces, so as to enable their full knowledge, at all
the time, by the workers.
4-[...].
5-Constitutes serious counterordinance the violation of the provisions of paragraphs 2 and 3.
Article 106.
[...]
1-[...].
2-[...].
3-[...]:
a) [...];
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b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) [...];
j) [...];
l) The identification of the compensation fund of the work or mechanism
equivalent, in the terms of specific legislation.
4-[...].
5-[...].
Article 127.
[...]
1-[...].
2-[...].
3-[...].
4-[ Revoked ].
5-The employer must, whenever it celebrates employment contracts, communicate
to the service with inspection competence of the ministry responsible for the area
labour to join the labour compensation fund or the mechanism
equivalent.
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6-A change of the element referred to in the preceding paragraph shall be reported
within 30 days.
7-Constitute counterordinance leads to violation of the provisions of the paragraph j ) of paragraph 1
or in the n. ºs 5 or 6.
Article 142.
[...]
1-The contract of employment in agricultural seasonal activity or for
realisation of tourist event of a duration not exceeding 15 days is not
subject to written form, and the employer shall communicate their celebration
to the competent department of social security, by means of an electro-electronic form
containing the elements referred to in points (s) a ), b ) and d ) of the Article 1 (1)
previous, as well as the place of work.
2-In cases provided for in the preceding paragraph, the total duration of contracts of
work on term with the same employer may not exceed 70 days of
work in the calendar year.
3-[...].
Article 161.
[...]
May be exercised in commission of service charge of administration or
equivalent, direction or managerial directly dependent on the administration or
of director general or equivalent, personal secretarial functions of holder of
any of these posts, or yet, as long as an instrument of regulation
work collective provides for it, functions whose nature also supposes special
relationship of trust in relation to the holder of those positions and managerial roles.
CHAIR OF THE COUNCIL OF MINISTERS
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Article 164.
[...]
1-[...]:
a) [...];
b) To resolve the contract of employment in the 30 days following the decision of the
employer who puts an end to the service commission, entitled to
compensation calculated in accordance with Rule 366;
c) Having been admitted to work in service commission and this
cesse on the initiative of the employer that does not match the
dismissal on a fact attributable to the employee, the compensation
calculated in the terms of Article 366.
2-[...].
3-[...].
Article 177.
[...]
1-[...].
2-[...].
3-[...].
4-The contract for the use of temporary work must still be attached
supporting document of linking to the work compensation fund or
the equivalent mechanism, without which the user is jointly and severally liable
by the payment of the amount of compensation that would be up to that fund or
equivalent mechanism by cessation of the respecting contract.
5-[...].
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6-[...].
7-[...].
Article 192.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) Non-adherence to the work compensation fund or the mechanism
equivalent or non-compliance with respect to the obligation to
contribution, in the legally required cases.
3-[...].
4-[...].
Article 194.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-In the case of definitive transfer, the employee can settle the contract
if it has serious injury, having the right to the compensation provided for in Article 366.
6-[...].
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7-[...].
Article 208.
Bank of hours by collective regulation
1-[...].
2-[...].
3-[...].
4-[...]:
a) The compensation of the work provided in addition, which can be done
by at least one of the following modalities:
i) Equivalent reduction of working time;
ii) Widening of the holiday period;
iii) Payment in cash;
b) [...];
c) [...].
5-[...].
Article 213.
[...]
1-The daily work period should be interrupted by a range of
rest, of a duration not less than one hour nor more than two, of
mode to which the worker does not pay more than five hours of work
consecutive, or six hours of consecutive work if that period is
higher than 10 hours .
2-[...].
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3-[...].
4-It is considered to be tacitly deposed the application to which the
previous number that is not decided within 30 days.
5-[ Previous Article No 4 ].
6-Constitutes serious counterordinance the violation of the provisions of the n. ºs 1 or 5.
Article 216.
[...]
1-[...].
2-[...].
3-[ Revoked ].
4-[...].
5-Constitute counterordinance leads to violation of the provisions of the n. ºs 1 or 2.
Article 218.
[...]
1-[...].
2-[...].
3-[ Revoked ].
4-[ Revoked ].
Article 226.
[...]
1-[...].
2-[...].
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3-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) The provided to compensate for closure for a planned vacation in the
point ( b) of Article 242 (2) by a decision of the employer.
4-[...].
Article 229.
[...]
1-[ Revoked ].
2-[ Revoked ].
3-[...].
4-[...].
5-[...].
6-[ Revoked ].
7-Constitute very serious counterordinance the violation of the provisions of the n. ºs 3 or
4.
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Article 230.
[...]
1-[...].
2-[ Revoked ].
3-[ Revoked ].
4-[...].
5-[...].
Article 234.
[...]
1-Are mandatory holidays the days January 1, Friday Santa, Sunday
of Easter, April 25, May 1, June 10, November 1, 8 and 25 of
december.
2-[...].
3-[...].
Article 238.
[...]
1-[...].
2-[...].
3-In case the worker's rest days coincide with working days, they are
considered for the purposes of calculating the vacation days, in substitution
of those, Saturdays and Sundays that are not holidays.
4-[ Revoked ].
5-[...].
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6-Constitutes serious counterordinance the violation of the provisions of the n. ºs 1 or 5.
Article 242.
[...]
1-[...].
2-The employer can shut down the company or the establishment, total or
partially, for a vacation of the workers:
a) During five consecutive working days in the school holiday season of the
Christmas;
b) A day that is between a holiday that occurs on Tuesday or Thursday-
fair and a weekly rest day, without prejudice to the faculty
provided for in paragraph g) of Article 226 (3).
3-The employer must inform the workers covered, up to the day 15 of
December of the previous year, from the closing to the year following the
shelter from the point b) of the previous number.
Article 256.
[...]
1-[...].
2-[...].
3-In the situation referred to in the preceding paragraph, the period of absence to be considered
for the purposes of the loss of retribution provided for in paragraph 1 covers the days or
means days of rest or holidays immediately preceding or later
to the day of foul.
4-[ Previous Article No 3 ].
CHAIR OF THE COUNCIL OF MINISTERS
26
Article 264.
[...]
1-[...].
2-In addition to the consideration mentioned in the preceding paragraph, the worker has
right to holiday allowance, understanding the base consideration and other
retributive benefits that are counterpart to the specific mode of the
implementation of the work, corresponding to the minimum duration of the holidays.
3-[...].
4-[...].
Article 268.
[...]
1-The supplementary work is paid for the value of the hourly consideration with the
following additions:
a) 25% for the first hour or fraction of this and 37.5% per hour or fraction
subsequent, on a business day;
b) 50% for every hour or fray, on weekly rest day,
compulsory or complementary, or on holiday.
2-[...].
3-The provisions of the preceding paragraphs may be sidelined by instrument of
collective regulation of work.
4-[...].
CHAIR OF THE COUNCIL OF MINISTERS
27
Article 269.
[...]
1-[...].
2-The worker who provides normal work on a company holiday day no
thank you to suspend functioning on that day you are entitled to rest
compensatory with a duration of half the number of hours paid or the
addition of 50% of the corresponding consideration, with the choice to the
employer.
Article 298.
[...]
1-[...].
2-[...].
3-[...].
4-A company that draws on the reduction or suspension scheme must have its
contributory situation regularized before the tax administration and the
social security, save when you find yourself in one of the situations provided for in the
previous number.
Article 299.
[...]
1-[...].
2-The employer makes available, for consultation, the documents in which it supports
the allegation of a situation of business crisis, specifically of nature
accounting and financial.
3-[ Previous Article No 2 ].
CHAIR OF THE COUNCIL OF MINISTERS
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4-In the case provided for in the preceding paragraph, the employer makes available, by
same time, for consultation of the workers the information referred to in the
n. 1 and sends the same to the representative committee that is designated.
5-[ Previous Article No 4 ].
Article 300.
[...]
1-[...].
2-[...].
3-Concluded the agreement or, in the absence of this, after having elapsed five days
on the sending of information provided for in paragraph 1 or 4 of the preceding Article or,
in the absence of this, of the communication referred to in paragraph 3 of the same article, the
employer communicates to each employee, in writing, the measure that decided
apply, with express mention of the plea and the start and term dates
of the measure.
4-[...].
5-[...].
6-The procedure provided for in paragraphs 4 and 5 shall be governed by the porterie of the
members of the Government responsible for the areas of employment and security
social.
7-Constitute counterordinate light the violation of the provisions of the n. ºs 1 a to 5.
Article 301.
[...]
1-[...].
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2-A reduction or suspension can start by decorating five days on the date
of the communication referred to in paragraph 3 of the preceding article, or immediately
in the event of an agreement between the employer and the representative structure of the
workers, or the representative commission referred to in Article 299 (3).
or most of the workers covered or, still, in the case of
immediate impediment to the normal provision of work that workers
covered meet or be communicated to them.
3-Any of the time limits referred to in paragraph 1 may be extended by a
maximum period of six months, provided that the employer communicates such
intention and the intended duration, in writing and in a reasoned form, to the
representative structure of employees or the representative commission
referred to in Article 299 (3).
4-In the lack of representative structure of employees or the committee
representative referred to in Article 299 (3), the communication provided for in the
previous number is made to each worker covered by the extension.
5-Constitute counterordinance leads to violation of the provisions of this article.
Article 303.
[...]
1-[...]:
a) Punctually check the payment of the retributive compensation, well
as the addition to which there is a place in the case of vocational training;
b) [...];
c) [...];
d) [...];
e) [...].
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2-During the period of reduction or suspension, as well as in the 30 or 60 days
following the implementation of the measures, depending on the duration of the respect
application does not exceed or exceed six months, the employer cannot
make cessation of the contract of worker employment covered by those
measures, except if it is a cessation of the commission of service, cessation of
work contract on term or dismissal on the basis of a fact attributable to the
worker.
3-In the event of a violation of the provisions of the previous number, the employer
proceeds to the return of the supports received, provided for in paragraphs 4 and 5 of the article
305., in relation to the employee whose contract has ceased.
4-Constitute counterordinance grave the violation of the provisions of this article.
Article 305.
[...]
1-[...].
2-[...].
3-During the period of reduction or suspension, the employee is entitled to
retributive compensation to the extent necessary for, jointly with
the consideration of work provided in the company or outside of it, ensure the
monthly amount referred to in para. a) from paragraph 1, up to triple the retribution
guaranteed monthly minimum, without prejudice to the provisions of paragraph 5.
4-A retributive compensation is paid in 30% of your amount by the
employer and in 70% by the competent public service of the area of
social security.
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5-When, during the period of reduction or suspension, the workers
attend vocational training courses appropriate to the development
of the professional qualification that increases their employability or the
viabilization of the company and maintenance of the jobs, in
compliance with a training plan approved by the public service
competent in the area of employment and vocational training, this pays the value
corresponding to 30% of the indexing of the targeted social supports, in parts
equal, to the employer and to the employee, and to the latter, to the
retributive compensation provided for in the previous number.
6-The competent public services of the areas of social security and the
employment and vocational training must deliver the part that competes with them
to the employer, so that the latter can pay the worker punctually
the retributive compensation, as well as the addition to which there is place.
7-[ Previous Article No 4 ].
8-[ Previous Article No 5 ].
9-Constitute counterordinance grave the violation of the provisions of the paragraph b) of paragraph 1.
Article 307.
[...]
1-The employer informs quarterly the representative structures of the
workers or the representative commission referred to in Article 299 (3).
or, failing that, the workers covered in the evolution of the reasons that
justify the recourse to the reduction or suspension of the provision of work.
2-[...]:
a) [...];
b) [...];
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c) Failure to comply with any of the duties referred to in paragraphs 1 and 2
of Article 303.
3-[...].
4-Constitutes serious counterordinance to the violation of the provisions of paragraph 1.
Article 344.
[...]
1-[...].
2-In the event of an expiry of a fixed-term contract of employment arising from
employer's statement in the terms of the previous number, the worker
is entitled to the compensation provided for in Article 366.
3-[ Revoked ].
4-[ Revoked ].
5-Constitutes serious counterordinance to the violation of the provisions of paragraph 2.
Article 345.
[...]
1-[...].
2-[...].
3-[...].
4-In the event of an expiry of the contract of employment to an uncertain term, the
worker is entitled to the compensation provided for in Article 366.
5-[...].
CHAIR OF THE COUNCIL OF MINISTERS
33
Article 346.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[ Revoked ].
7-Constitutes serious counterordinance to the violation of the provisions of paragraph 5.
Article 347.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-In the situation provided for in paragraph 2, the employee is entitled to compensation
provided for in Article 366.
6-[...].
7-Constitutes serious counterordinance to the violation of the provisions of paragraph 5.
CHAIR OF THE COUNCIL OF MINISTERS
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Article 356.
[...]
1-The employer, by you or through an instructor who has appointed, shall
carry out the probate representations required in the response to the bill of guilt, the
unless you consider them patently dilatory or impertinent,
owing in this case to claim it substantially in writing.
2-[ Revoked ].
3-The employer is not obliged to proceed to the hearing of more than three
witnesses for each fact described in the bill of guilt, nor more than 10 in the
total.
4-[ ... ].
5-After the completion of the probate representations, the employer presents
full copy of the process to the committee of workers and, should the
worker is trade union representative, to the union trade union association, which
may, within five working days, bring the process to its
reasoned opinion.
6-[ ... ].
7-Constitute serious counterordinance, or very serious in the case of representative
trade union, the dismissal of worker with violation of the provisions of the
n. ºs 1, 5 or 6.
Article 357.
[...]
1-Received the opinions referred to in paragraph 5 of the previous article or elapsed the
deadline for the effect, the employer has 30 days to profer the decision
of dismissal, under penalty of lapse of the right to apply the penalty.
CHAIR OF THE COUNCIL OF MINISTERS
35
2-[...].
3-[ Revoked ].
4-[ ... ].
5-[...].
6-A The decision is communicated, by copy or transcription, to the worker, to the
commission of workers, or to the union trade union association, should that
be a trade union representative or in the situation referred to in paragraph 6 of the article
previous.
7-[ ... ].
8-Constitute serious counterordinance, or very serious in the case of representative
trade union, the dismissal of worker with violation of the provisions of the
n. ºs 1, 2 and 5 a 7.
Article 358.
[...]
1-In the procedure of dismissal in microenterprise, should the worker
do not be a member of committee of workers or union representative,
the formalities laid down in Article 353 (2), paragraph 5, are waived.
of Article 356 and in paragraphs 1, 2 and 6 of the previous article, the
willing in the following numbers.
2-In the weighting and rationale of the decision, the provisions of paragraph 4 shall apply.
of the previous article, with the exception of the reference to opinions of representatives
of the workers.
3-[...]:
a) [...];
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b) 30 days from the conclusion of the last due diligence;
c) [ Repealed ].
4-[...].
5-[...].
6-[...].
Article 360.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) The method of calculation of compensation to be granted generically to the
employees to say goodbye, if any, without prejudice to the
compensation set out in Article 366 or in instrument of
collective regulation of work.
3-[...].
4-[...].
5-[...].
6-[...].
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Article 366.
[...]
1-In the event of collective dismissal, the employee is entitled to
compensation corresponding to 20 days of base retribution and diuturnals
for each full year of seniority.
2-A compensation provided for in the preceding paragraph is determined from the following
mode:
a) The value of the monthly base consideration and diuturnals of the worker to
consider for the purposes of calculating compensation cannot be
greater than 20 times the guaranteed monthly minimum consideration;
b) The overall amount of compensation may not be more than 12 times
the monthly base consideration and diuturnals of the worker or, when
the limit set out in the previous paragraph, 240 times to be applicable
guaranteed minimum monthly retribution;
c) The daily value of base retribution and diuturnals is the resulting from the
division by 30 of the monthly base consideration and diuturnals;
d) In case of fraction of year, the amount of the compensation is calculated
proportionally.
3-A compensation is paid by the employer, with the exception of the part that kayaks to
working compensation fund or the equivalent mechanism in the terms
of specific legislation.
4-In the case of the work compensation fund or the mechanism
equivalent not to pay the entirety of the compensation to which you are obliged, the
employer responds by the paying respects and gets subrogated in the
rights of the employee in relation to that in an equivalent amount.
CHAIR OF THE COUNCIL OF MINISTERS
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5-[ Previous Article No 4 ].
6-A The presumption referred to in the preceding paragraph may be illified provided that, in
concurrent, the worker delivered or put, by any way, the
all of the pecuniary compensation received at the employer's disposal
and of the compensation fund of the work or equivalent mechanism.
7-Constitute counterordinance grave the violation of the provisions of the n. ºs 1, 2, 3 or
4.
Article 368.
[...]
1-[...].
2-Havendo in the section or equivalent structure a plurality of posts of
work of identical functional content, for the determination of the post of
work to be extinguished, it is up to the employer to define, by reference to the
respect holders, relevant and non-discriminatory criteria in the face of the
goals underlying the extinction of the outpost.
3-[...].
4-For effect of the b) of paragraph 1, once extinct the post of work,
it is considered that the livelihood of the working relationship is practically
impossible when the employer demonstrates having observed criteria
relevant and non-discriminatory in the face of the goals underlying the extinction
of the job.
5-[...].
6-[...].
CHAIR OF THE COUNCIL OF MINISTERS
39
Article 369.
[...]
1-[...]:
a) [...];
b) [...];
c) The criteria for selection of the workers to say goodbye.
2-[...].
Article 370.
[...]
1-In the 10 days after the communication provided for in the previous article, the
representative structure of the workers, the worker involved and still,
should this be trade union representative, the union trade union association may
transmit to the employer its reasoned opinion, inter alia
on the grounds relied on, the requirements laid down in Article 368 (1)
or the criteria referred to in paragraph 2 of the same article, as well as the
alternatives that allow to mitigate the effects of dismissal.
2-Any entity referred to in the preceding paragraph may, in the three working days
subsequent to the communication of the employer, request the service with
inspection competency of the ministry responsible for the area of employment a
verification of the requirements set out in the paragraph d ) of paragraph 1 and in paragraph 2 of the article
368, informing simultaneously of the fact the employer.
3-[...].
CHAIR OF THE COUNCIL OF MINISTERS
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Article 371.
[...]
1-[...].
2-[...]:
a) [...];
b) Confirmation of the requirements set out in Article 368 (1);
c) Evidence of the application of the criteria for the determination of the job posting
the extinguishing, if there has been opposition to this;
d) [...];
e) [...].
3-[...].
4-[...].
5-Constitutes serious counterordinance the dismissal effected with violation of the
provisions of paragraphs 1 or 2 or of the advance notice referred to in paragraph 3, and constitutes
light counterordinate the violation of the provisions of paragraph 3, with respect to the lack
of communication to the entities and the service referred to therein.
Article 372.
[...]
To the worker fired by the extinction of the job posting applies the
provisions of paragraph 4 and the first part of Article 363 (5) and in Articles 364.
at 366.
CHAIR OF THE COUNCIL OF MINISTERS
41
Article 374.
[...]
1-[...].
2-[...].
3-A The inadaptation situation referred to in the preceding paragraphs shall not
course of lack of safety and health conditions in the imputable work
to the employer.
Article 375.
[...]
1-[...]:
a) [...];
b) Appropriate vocational training has been provided to the
modifications of the job posting, by competent authority or
certified trainer entity;
c) [...];
d) [ Repealed ];
e) [ Repealed ].
2-The dismissal for inadaptation in the situation referred to in paragraph 1 of the article
previous, in case there have been no modifications to the job posting, it may have
place since, cumulatively, if you check the following requirements:
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a) Substantial modification of the benefit carried out by the employee, of
resulting in particular to the continued reduction in productivity
or of quality, repeated avairies in the means affected to the rank of
work, or risks to the safety and health of the worker, of others
workers or third parties, determined by the mode of exercise
of the functions and which, in the face of the circumstances, is reasonable to predict
that have definite character;
b) The employer informs the worker, gathering copy of the
relevant documents, from the appreciation of the activity before provided,
with circumstantial description of the facts, demonstrative of
substantial modification of the provision, as well as that it may
to pronounce in writing on the said elements within no
less than five working days;
c) After the response of the worker or the deadline for the effect, the
employer must communicate to you, in writing, orders and instructions
appropriate relating to the implementation of the work, with the aim of the
correct, having present the facts invoked by the one;
d) The provisions of the provisions of the provisions have been applied b ) and c ) of the previous number,
with due adaptations.
3-The dismissal for inadaptation in situation referred to in paragraph 2 of the article
previous can take place:
a) Should there have been an introduction of new manufacturing processes, of
new technologies or equipment based on different or more
complex technology, which entails modification of the relative functions
to the job;
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b) In case there have been no modifications to the job, provided that
is complied with the provisions of the paragraph b) of the previous number, with the
due adaptations.
4-The employer must send to the committee of workers and, should the
worker is trade union representative, to the union union association, copy
of the communication and the documents referred to in paragraph b) of paragraph 2.
5-A training referred to in paragraphs 1 and 2 account for the purpose of compliance
of the obligation to form the job of the employer.
6-The worker who, in the three months prior to the beginning of the procedure
for dismissal, has been transferred to post office at
relation to which to check the inadaptation has a right to be reaffected to the
previous job post case not busy definitely, with the
same base retribution.
7-Dismissal can only take place as long as they are made available to the
worker compensation due, overdue credits and those required by
effect of termination of the contract of employment, until the expiry of the notice period
prior.
8-[ Previous Article No 5 ].
Article 376.
[...]
1-In the case of dismissal by inadaptation, the employer communicates, by
written, to the worker and, should this be union representative, to the association
union trade union:
a) The intention to proceed to the dismissal, stating the reasons
justifications;
CHAIR OF THE COUNCIL OF MINISTERS
44
b) The modifications made to the job post or, should these not
have existed, the elements to which the points are referred b) and c) of the n.
2 of the previous article;
c) The results of vocational training and the period of adaptation, the
which refer to the points b ) and c) of paragraph 1 and (1) d ) of the Article 2 (2)
previous.
2-Should the worker be not union representative, decorride three working days
after the receiving of the communication referred to in the previous number, the employer
must make the same communication to the trade union association that the worker
has indicated to the effect or, if the latter does not, to the commission of
workers or, in their absence, to the intersindical commission or union commission.
3-[ Previous Article No 2 ].
Article 377.
[...]
1-In the five days after the communication provided for in the previous article, the
worker can piece together documents and request probate representations that
if show relevant, being in this case the provisions of paragraphs 3 and 4
of Article 356, with the necessary adaptations.
2-In case probatory representations have been requested, the employer must
inform the employee, the representative structure of the workers and, case
that is union representative, the union trade union association, of the
result of the same.
3-In the five working days later than the communications provided for in the article
previous, the worker and the representative structure of the workers can
transmit to the employer its reasoned opinion, inter alia
on the justifiable reasons for dismissal.
CHAIR OF THE COUNCIL OF MINISTERS
45
4-Constitutes serious counterordinance to the violation of the provisions of paragraph 2.
Article 378.
[...]
1-After the receiving of the opinions referred to in the preceding article or the term of the
deadline for the effect, the employer has 30 days to profer the
dismissal, under penalty of expiry of the right, upon decision
substantiated and in writing from which they build:
a) [...];
b) Confirmation of the requirements set out in Article 375;
c) [...];
d) [...].
2-[...].
3-[...].
Article 379.
[...]
1-The worker fired for inadaptation applies to the provisions of paragraph 4 and in the
first part of Article 363 (5) and in articles 364 to 366.
2-In the event of dismissal for inadaptation in the situation referred to in paragraph 2 of the
article 375, the denunciation of the contract of employment by the employee
may take place after the communication referred to in ( b ) of the same paragraph 2.
CHAIR OF THE COUNCIL OF MINISTERS
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Article 383.
[...]
[...]:
a) [...];
b) [...];
c) Have not put at the disposal of the fired worker, until the term
of the period of prior notice, the compensation for it due to
refers to Article 366 and credits won or demanded by virtue of the
termination of the contract of employment, without prejudice to the Party's provisions
final of Article 363 (5).
Article 384.
[...]
[...]:
a) [...];
b) Failing to observe the provisions of Article 368 (2);
c) [...];
d) Have not put at the disposal of the fired worker, until the term
of the period of prior notice, the compensation for it due to
refers to Article 366, by remission of Article 372, and the credits
vanquished or required by virtue of termination of the employment contract.
Article 385.
[...]
[...]:
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47
a) Failing to comply with the provisions of Article 374 (3) or in paragraphs 1 a to 3 of the
article 375;
b) [...];
c) [...].
Article 389.
[...]
1-[...].
2-In the case of mere wrongdoing founded on disability of procedure
by omission of the probatory representations referred to in paragraphs 1 and 3 of the article
356., if they are declared proceeded the justiactive grounds relied upon
for dismissal, the employee is only entitled to compensation
corresponding to half of the value that would result from the application of the n. 1 of the
article 391.
3-[...].
Article 482.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-The criteria for preference set out in paragraph 1 may be sidelated by
instrument of collective regulation of negotiating work,
inter alia, by means of articulation clause of:
CHAIR OF THE COUNCIL OF MINISTERS
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a) Collective conventions of different level, namely
interconfederal, sector or company;
b) Collective agreement that establishes that certain subjects, such as
are the geographical and functional mobility, the organization of the time of
work and the retribution, be regulated by collective convention.
Article 486.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) Indication of instrument of collective work regulation
negotiation and respect date of publication, where appropriate, for the purpose of
of Article 482 (5).
Article 491.
[...]
1-[...].
2-[...].
3-Without prejudice to the possibility of delegation in other trade union associations, the
trade union association can confer the collective representation structure of the
workers in the company powers to, relatively to their associates,
hire with company with at least 150 employees.
4-[...].
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Article 492.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) Indication of instrument of collective work regulation
negotiation and respect date of publication, for the purposes of paragraph 5 of the article
482.
2-[...].
3-[...].
4-[...].
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Article 560.
[...]
The fine laid down for the counterordinations referred to in Article 353 (4),
in Article 355 (2), in Article 356 (7), Article 357 (8), para.
6 of Article 358, paragraph 6 (6), in Article 361 (6) of the Article 361 of the
article 363, in Article 368 (6), in Article 369 (2), paragraph 5 of the article
371, in Article 375 (8), in Article 376 (3), Article 378 (3)
or in Article 380 (3), in the part where the violation of paragraph 1 of the
same article, does not apply should the employer assure the worker the
rights referred to in Article 389. "
Article 3.
Addition to the Labour Code
They are deferred to the Labour Code Articles 208-A, 208.-B and 298.-A, with the following
essay:
" Article 208.
Individual hours bank
1-The bank of hours scheme may be instituted by agreement between the
employer and the employee, and may, in this case, the normal period of
work be increased up to two hours daily and reach 50 hours weekly,
having the addition per limit 150 hours per year, and owing the same
regular agreement the aspets referred to in paragraph 4 of the preceding article.
2-The agreement instituting the bank of hours scheme can be concluded
upon proposal, in writing, of the employer, presumed to be accepted
on the part of the employee in the situation referred to in Article 205 (4).
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3-Constitutes serious counterordinance the practice of working hours in
violation of the provisions of this article.
Article 208-B
Grupal bench of hours
1-The instrument of collective work regulation establishing the scheme
of bank of hours provided for in Article 208 may provide for the employer to
can apply to the pool of employees of a team, section or
economic unity when they check the conditions referred to in paragraph 1 of the
article 206.
2-Should the proposal referred to in paragraph 2 of the preceding Article be accepted by,
at least 75% of the employees of the team, section or unit
economic to whom it is directed, the employer may apply the same scheme
of bank of hours to the pool of the employees of that structure, being
applicable the provisions of Article 206 (3).
3-The bank scheme of hours instituted in the terms of the preceding paragraphs
does not apply to worker covered by collective convention that you have
in such a way as to such a scheme or, in respect of the regime referred to in the n.
1, the worker represented by trade union association who has deducted
opposition to the extension of the collective convention in question.
4-Constitutes serious counterordinance the practice of working hours in
violation of the provisions of this article.
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Article 298-The
Impediment of reduction or suspension
The employer can only resort again to the implementation of the measures of
reduction or suspension after an equivalent period of time has elapsed
half of the period previously used, and may be reduced by agreement
between the employer and the workers covered or their structures
representative. "
Article 4.
New managerial roles in service commission
The provisions of the final part of Article 161 of the Labor Code, in the essay conferred by the
present law, it is applicable to the exercise of new managerial duties, with commencement after entry
in force of this Law.
Article 5.
Inadaptation without modifications to the post
for non-compliance with previously agreed goals
The provisions of the paragraph b) of Article 375 (3) of the Labour Code, in the essay
conferred by this Law, is applicable in case of agreed goals between employer and
worker from the entry into force of this Law.
Article 6.
Compensation in case of termination of employment contract
1-In the event of a termination of employment contract concluded before November 1 of
2011, the compensation provided for in Article 366 of the Labour Code, in the essay
given by this Law, it is calculated as follows:
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a) In relation to the term of the contract until October 31, 2012, the
amount of compensation corresponds to one month of base consideration and
diuturnals for each full year of seniority;
b) In relation to the term of the contract from the date referred to in the
previous, the amount of compensation provided for in Article 366 of the Code of the
Work;
c) The total amount of compensation may not be less than 3 months of consideration
basis and diuturnals.
2-In the event of an expiry of the fixed-term employment contract, including the one that is the object of
extraordinary renewal, pursuant to Law No. 3/2012, of January 10, or of contract
of temporary work, concluded before November 1, 2011, the compensation
provided for in Article 344 (2) or in Article 345 (4) of the Labour Code, in the
wording conferred by this Law, is calculated as follows:
a) In relation to the term of the contract until October 31, 2012 or until the
date of the extraordinary renewal, if it is earlier than October 31, 2012, the
amount of compensation corresponds to three or two days of base retribution and
diuturnals for each month of duration, depending on the total duration of the contract
do not exceed or exceed six months, respectively;
b) In relation to the term of the contract from the date referred to in the
previous, the amount of compensation provided for in Article 366 of the Code of the
Work.
3-For the purpose of calculating the part of the compensation to which the points are referred b) dos
previous numbers:
a) The value of the base consideration and diuturnals of the worker to be considered cannot
be greater than 20 times the guaranteed monthly minimum consideration;
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b) The daily value of base retribution and diuturnals is the resulting from the division by 30
of the monthly base consideration and diuturnals;
c) In case of fraction of year, the amount of the compensation is calculated
proportionally.
4-When the application of the provisions of the paragraph a) of paragraph 1 shall result in an amount of
compensation that is:
a) Equal to or greater than 12 times the monthly base consideration and diuturnals of the
worker or at 240 times the guaranteed monthly minimum consideration, is not
applicable the provisions of the paragraph b) of the said number;
b) Less than 12 times the monthly base consideration and diuturnals of the worker, and the
240 times the guaranteed monthly minimum consideration, the overall amount of the
compensation cannot be higher than these values.
5-In the event of a termination of employment contract concluded before November 1 of
2011, constitutes serious counterordinance the payment of lower value compensation
to the result of the provisions of this article.
Article 7.
Relations between sources of regulation
1-Are void the provisions of collective working regulation instruments
entered into before the entry into force of this Law to provide for higher amounts
to those resulting from the Code of Labour concerning:
a) Compensation for collective dismissal, or of which decorates the application of this
last, established in the Code of Labour;
b) Values and criteria for definition of compensation for termination of contract of
work set out in the previous article.
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2-Are void the provisions of instruments of collective labour regulations and the
clauses of employment contracts concluded before the entry into force of this Law
that they have on compensatory rest for extra work provided in
handy day, on complimentary weekly rest day or on holiday.
3-The majorities to the annual holiday period set out in provisions of instruments
of collective regulation of work or clauses of later work contracts
to December 1, 2003 and prior to the entry into force of this Law shall be reduced
in equivalent amount up to three days.
4-Stay suspended for two years from the entry into force of this Law the
provisions of collective working regulation instruments and the clauses of
work contracts that you have on:
a) Additional supplementary work payment additions to those established
by the Labour Code;
b) Retribution of the normal work provided on a holiday day, or rest
compensatory for that same provision, in company not obliged to suspend
the functioning on that day.
5-Elapsed the period of two years referred to in the preceding paragraph without the said
provisions or clauses have been amended, the amounts set out by them are
reduced to half, and may not, however, be lower than those established by the
Code of Work.
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Article 8.
Abrogation standard
1-It is repealed Article 344 of the Labour Code, passed by Law No. 99/2003, of 27
of August, and amended by Law No. 9/2006, of March 20.
2-Are repealed Article 127 (4), Article 216 (3), paragraphs 3 and 4 of the article
218, paragraphs 1, 2 and 6 of Article 229, paragraphs 2 and 3 of Article 230, paragraph 4 of Article 238,
o n. paragraphs 3 and 4 of Article 344, Article 346 (6), Article 356 (2), paragraph 3 of the
article 357, the point c) of Article 358 (3), Article 366 and paragraphs (366) d) and e) from the
n Article 375 (1) of the Labor Code, passed by Law No. 7/2009, 12 of
February, and amended by the Laws n. ºs 105/2009, of September 14, and 53/2011, of 14 of
October.
3-Article 4 of the Law No 3/2012 of January 10 is repealed.
Article 9.
Religious holidays
The elimination of the Heart holidays of God and of August 15, resulting from the amendment
carried out by this Law to Article 234 (1) of the Labour Code, only produces
effects after adhering to the mechanisms provided for in Concordata celebrated, in 18 of
may 2004, between the Portuguese Republic and the Holy See and ratified by the Decree of the
President of the Republic No 80/2004 of November 16.
Article 10.
Entry into force
1-Without prejudice to the provisions of the following number, this Law shall come into force in the
first day of the second month following that of its publication.
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2-The provisions of the b) of Article 242 (2) of the Labour Code, in the essay
conferred by this Law, comes into force on January 1, 2013, and the
employer to inform the workers covered, by December 15, 2012,
of the closure to be in the year 2013.
Seen and approved in Council of Ministers of February 2, 2012
The Prime Minister
The Deputy Minister and Parliamentary Affairs
