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Articles | 2017-09-06

Legislative Changes in Labour Law August 2017


  1. Lawº 73/2017, dated as of August 16th:


This law reinforces the legislative framework for the prevention of harassment in the private sector and in the Public Administration, by preceding to the twelfth amendment to the Labour Code, approved by the Law n.º 7/2009, of February 12th, to the sixth amendment to the General Labour Law in Public Functions, approved by the Law n.º 35/2014, of June 20th and the fifth amendment to the Labour Procedure Code, approved by Decree-Law n.º 480/99, of November 9th.

Thus, the following changes to the Labour Code should be highlighted:

  • Right to a compensation for property damages and personal injuries, where there is a situation of harassment;



  • Creation of a specific protection regime for the complainant and the witnesses in procedures related to harassment situations;



  • Obligation to adopt a code of good conduct to prevent and combat harassment at work, for all the companies with seven or more employees.

  • Obligation to establish a disciplinary procedure whenever the employer is aware of alleged harassment at work


In addition to these changes, it is also foreseen the employer's responsibility for compensation the damages arising from occupational diseases resulting from of harassment.

 

  1. Lawº 93/2017, dated as of August 23rd:


This law establishes the new regulatory framework for the prevention, prohibition and combating of discrimination on grounds of racial and ethnic origin, colour, nationality, ancestry and territory of origin, repealing Law n.º 134/99, of August 28th, Law n.º 18/2004, of May 11th, and Decree-Law n.º 86/2005, of May 2nd.

In practice, this law allowed the concentration of all phases of the misconduct processes in the same entity, to streamline the mechanisms of action and to make the application of the Law faster and more effective.

In addition, it allowed for a broadening of the law’s protection scope against other forms of discrimination other than race, colour, nationality and ethnic origin, now also encompassing the forms of discrimination based on: (i) ancestry and territory of origin, (ii) multiple discrimination and (iii) discrimination by association.

 

  1. Resolution of the Portuguese Assembly n.º 215/2017, dated as of August 24th:


This resolution approves the Convention n.º 187 of the International Labour Organization (ILO), concerning the Promotional Framework for Occupational Safety and Health, adopted by the General Conference of the International Labour Organization, in its 95th Session, held in Geneva, June 15th 2006.

 
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