EMCC European Monitoring Centre on Change

Portugal: Obligation to consider alternatives to collective dismissals

Portugal
Phase: Management
Type:
Obligation to consider alternatives to collective dismissals
Last modified: 16 February, 2021
Native name:

Código do Trabalho

English name:

Labour Code

Article

361

Description

The information and consultation process with workers’ representatives in the framework of collective dismissals shall cover alternative measures aimed at reducing the number of workers to be dismissed, namely:

  • suspension of the employment contracts;
  • work reduction;
  • professional retraining and reclassification;
  • pre-retirement and early retirement.

The application of the 'professional retraining and reclassification' and the 'pre-retirement and early retirement' measures depends on the agreement of the worker.

Collective dismissal is defined as the dismissal of at least two workers in micro and small companies, and at least five workers in larger companies.

Comments

For more information on collective dismissal see ‘definition of collective dismissal’.

Cost covered by
Not applicable
Involved actors other than national government
  • Trade union
  • Works council
Thresholds
2
2
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