Knowledge

Gonçalo Pinto Ferreira, partner and head of the Labour and Social Security practice at TELLES, analyses the article 'Labour reform? How so?", which was published in Jornal Económico, and examines the XXV Constitutional Government's proposals regarding labour legislation. Topics highlighted include teleworking, the right to strike, new forms of digital labour, and the potential adoption of flexible models of work organization, notably the four-day weeks.

Labour law specialist Gonçalo Pinto Ferreira recognises that the government's proposals “are based on pertinent diagnoses and reflect a legitimate concern with the evolution of the labour market”. However, he stresses the importance of ensuring a balanced implementation process with legal certainty and predictability.

Regarding teleworking, he considers that the government's approach is “consistent with developments in the work market”, but he warns that there is still “a certain legal emptiness, or at least a lack of adequacy in existing instruments”, particularly in the absence of effective mechanisms to address issues such as the right to disconnect, expense reimbursement and privacy protection. He also emphasises that managing hybrid teams remains challenging for companies and requires clear, adaptable rules.

Regarding the new forms of digital labour, the lawyer considers that there is some legal uncertainty. He also highlights the sensitivity surrounding the review of the right to strike regime, since the balance between a constitutionally enshrined right and guaranteeing the continuity of essential services to the community is at stake.

Finally, Gonçalo Pinto Ferreira notes that the government's programme provides an opportunity to reflect on and debate key issues for the future of labour relations. However, he stresses that, to guarantee the success and sustainability of implementing the proposed measures, real social dialogue is essential. This dialogue must be based on technical evaluation, respect for the balance between employers and workers, and evolving legislation that provides legal certainty, predictability, and economic realism.

Read the complete article here (only available in Portuguese).