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: Public authorities information and consultation on dismissals
Phase
Labour Code (Law 7/2009 of 12 February)
Native name
Código do trabalho (Lei 7/2009 de 12 de fevereiro)
Type
Public authorities information and consultation on dismissals
Added to database
08 May 2015
Article
360, 362, 363 (3)
Description
The beginning of a collective dismissal (at least two workers in micro and small companies, and at least five workers in larger companies) process has to be communicated to the Directorate-General for Employment and Labour Relations (Direção-Geral do Emprego e das Relações de Trabalho - DGERT), of the Ministry of Labour, Solidarity and Social Security (Ministério do Trabalho, Solidariedade e Segurança Social - MTSS).
There is an administrative intervention during the procedure of collective dismissal: the relevant services of the government will only participate in the negotiation with the purpose of ensuring the regularity of the substantive and procedural aspects and promoting the conciliation of the parties’ interests.
In practical terms, the DGERT must participate in the bargaining meetings in order to guarantee that all procedures are followed, and to promote understanding between both parties. Furthermore, the Institute for Employment and Vocational Training (Instituto do Emprego e Formação Profissional - IEFP) and the Regional Employment Service may indicate support measures for employment and vocational training.
In addition, on the same date the final decision is communicated to the employees, the employer is required to send to the DGERT the minutes of the consultation meeting, the rationale behind the lack of agreement, and the final position of the parties, as well as information on each employee affected by the collective dismissal (including name, address, date of birth, hiring date, social security situation, occupation, category, salary, the measure decided and its planned implementation date).
Commentary
No information available.
Additional metadata
Cost covered by
None
Involved actors other than national government
Trade union
Works council
Other
Involvement (others)
Institute for Employment and Vocational Training (Instituto do Emprego e Formação Profissional - IEFP); Directorate-General for Employment and Labour Relations (Direção-Geral do Emprego e das Relações de Trabalho - DGERT)
Thresholds
Affected employees: 2 Company size: 2 Additional information: No, applicable in all circumstances
Eurofound (2015), Portugal: Public authorities information and consultation on dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/public-authorities-information-and-consultation-on-dismissals/portugal
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