Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Portugal: Obligation to consider alternatives to collective dismissals
Phase
Labour Code (Law 7/2009 of 12 February)
Native name
Código do Trabalho (Lei 7/2009 de 12 de fevereiro)
Type
Obligation to consider alternatives to collective dismissals
Added to database
08 May 2015
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.
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