It is my understanding that the “Work XXI” draft represents a disruptive change in the rules of the Labor Code, as it contains few positive aspects, but much more negative ones, unfortunately too many.
Labor Law aims to provide solutions that regulate labor relations, seeking to ensure a balance, a civic commitment, so that working conditions are dignified, predictable, promote a fair distribution of productivity gains, and the economic success of companies, respecting the various stakeholders (workers, shareholders, managers, among others).
For all this, but also because the employer-worker relationship is, naturally, biased in favor of the former, revolutions, reductive or simplistic positions should be avoided.
The “Work XXI” draft proposal contains several changes that stand out for consubstantiating clear setbacks, not being in line with legal and constitutional principles, nor resulting in any advantage for Portuguese society.
Among the proposals, it is worth highlighting the attempt to rewrite paragraph 1 of article 392 or the payment of compensation in lieu of the worker’s reinstatement. If previously this possibility of reinstatement, in the case of unlawful dismissal with a final and unappealable decision, could be denied to workers in micro-enterprises or in administrative and management positions, now the Minister aims for the right to reinstatement to be denied to any and all workers, regardless of the size of the company or the functional nature or position held!
Even though the requirement to prove that reinstatement is seriously harmful and disruptive to the functioning of the company remains, this proposal violates the constitutional principles of job security and the prohibition of unfair dismissals (Article 53 of the CRP), liberalizing the possibility of the employer opposing the reinstatement of a worker, any worker, from any company.
This measure is extremely penalizing for workers’ rights and disproportionately relativizes illegal dismissals, due to the generalization of opposition to the reinstatement of workers dismissed without legal grounds.
In short, more than four million Portuguese people are at risk of being illegally dismissed and without the right to be reinstated.
President of SNQTB
The post Four million Portuguese people at risk of being laid off appeared first on Veritas News.
