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which are explicitly or implicitly linked to anticipating and managing change.
Portugal: Definition of collective dismissal
Phase
Labour Code (Law 7/2009 of 12 February)
Native name
Código do Trabalho (Lei 7/2009 de 12 de fevereiro)
Type
Definition of collective dismissal
Added to database
08 May 2015
Article
359
Description
Collective dismissal occurs as a result of termination of the employment contract by the employer operated simultaneously or successively within a three-month period of either:
At least two employees, if the company has fewer than 50 employees;
At least five employees, it the company has 50 or more employees.
The grounds for collective dismissal which must be demonstrated by the employer are the following:
market reasons - the reduction of business activity
structural reasons - economic or financial unbalance, activity change, restructuring of productive organisation or replacement of dominant products
technological reasons
Commentary
The national law does not specify whether the worker's refusal to the terms of a collective agreement which includes internal mobility falls under the scope of a collective redundancy. The CJEU (Case C-249/24, Ineo Infracom, 11 July 2024), provides guidance on this issue. Any termination of the employment relationship that is not initiated by the worker, including cases where the worker refuses a unilateral and substantial modification of an essential element of the employment contract (such as a change of workplace), must be treated as a “redundancy” or as a termination to be included in the calculation of collective redundancies.
Additional metadata
Cost covered by
None
Involved actors other than national government
National government
Involvement (others)
None
Thresholds
Affected employees: 2 Company size: 2 Additional information: No, applicable in all circumstances
Sargant, M., 2007, Implementation Report Directive 80/987 EEC amended by Directive 2002/74/EC [protection of employees in the event of the insolvency of their employer], Human European Consultancy/Middlesex University Business School
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