Government bills to amend and enforce new Labour Code

In May 2009, the Portuguese Council of Ministers approved four bills to amend and enforce the new Labour Code. The approved bills, which were to be submitted to the parliament, address the following issues: regulation of the Labour Code, health and safety at work, administrative infraction proceedings and revision of the Code of Labour Procedure. The social partners were asked to comment on the measures but they expressed concern over the tight deadlines for reply.

On 7 May 2009, the Council of Ministers in Portugal approved four bills – to be submitted to the parliament – amending and enforcing the Labour Code, which came into effect on 17 February 2009 (PT0811019I). The social partners were asked to issue their comments on the proposed legislation; however, they expressed concern about the deadlines to assess the proposals, as the government wanted the parliament to approve the bills before the summer.

Regulation of new Labour Code

The first bill sets out legal provisions to enforce and amend the new Labour Code (Law No. 7/2009) and aims to change the previous provisions defined by Law No. 35/2004, which regulated the previous Labour Code (Law No. 99/2003).

Promoting safety and health at work

The second bill intends to regulate the recent revision of the Labour Code in matters concerning occupational health and safety. It seeks to promote the unification of key issues in this field, as well as to implement the goals of the National Strategy for Safety and Health at Work 2008–2012, including refining, streamlining and simplifying the rules in this area.

The bill also reflects the measures defined in the Tripartite Agreement for a new system of regulation of industrial relations, employment policy and social protection in Portugal (PT0807019I). In addition, it envisages the adoption of mechanisms for improving the process of authorisation for external services of safety, hygiene and health.

Administrative infraction proceedings

The third bill aims to create a common procedure for labour and social security infractions, which should be more efficient and rapid, adapting it to the rules recently established in the Labour Code and reflecting the measures set out in the agreement reached with the social partners in order to combat illegal precarious work. The bill defines the competencies of the Authority for Working Conditions (Autoridade para as Condições de Trabalho, ACT) and of the Institute of Social Security (Instituto da Segurança Social), providing them with powers to act in identifying cases of concealment of an employment contract. This is in order to prevent and discourage the infringement of social obligations and contributions by companies and to ensure workers’ protection rights as defined by the social security system.

Amendment of code of labour procedure

The fourth bill authorises the government to amend the Labour Code of Procedure, approved by Decree Law No. 480/99. It aims to allow the state administration to legislate on the change in procedural discipline in the labour law, to ensure the feasibility of the new labour legislation introduced by the Labour Code and to adjust the various procedure rules to match the guiding principles of the civil procedural reform. The bill is intended to provide greater speed, efficiency and functionality in response to labour conflicts.

According to the proposal, court actions to challenge the unfair dismissal of trade union leaders, pregnant women or breastfeeding mothers will be considered special and of an urgent nature. The bill creates two types of actions regarding dismissal: special and urgent action, when workers are fired on the basis of a written disciplinary procedure; and common action for workers who have been fired without such a procedure, in which case the proposal reduces the period that the workers have to contest the employer decision from 12 months to two months.

Maria da Paz Campos Lima, Dinâmia