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.


Commentary

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


Additional metadata

Cost covered by
Not available
Involved actors other than national government
Trade union Works council Employer organisation Other
Involvement (others)
Directorate General for Employment and Labour Relations (Direcção-Geral do Emprego e das Relações de Trabalho - DGERT)
Thresholds
Affected employees: 2
Company size: 2
Additional information: No, applicable in all circumstances

Citation

Eurofound (2015), Portugal: Obligation to consider alternatives to collective dismissals, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/obligation-to-consider-alternatives-to-collective-dismissals/portugal

Download as PDF