Knowledge

João Dotti de Carvalho, coordinating associate in the Labour and Social Security practice at TELLES, signs the article entitled “Flexibility and common sense”, published in Human Resources Portugal.

In the article, the lawyer specialising in labour law analyses the proposed amendments to the Labour Code set out in the draft reform bill, highlighting that "it is already possible to praise certain measures which, to a greater or lesser extent, tend to confer or enhance greater — and even more indispensable in the current international economic and social context — productivity and flexibility to companies, particularly in terms of managing their resources and organising their activities."

In particular, João Dotti de Carvalho highlights "the intention to simplify the rules on the transfer of establishments; the reintroduction of the option for employees to formally declare that they have no outstanding claims against their employer, provided this declaration is made in a notarised document (an important security measure for companies in the context of termination agreements for employment contracts); and the removal of the prohibition on companies outsourcing work previously carried out by employees whose contracts were terminated within the previous 12 months, in the context of collective redundancies or job losses".

“Finally, we cannot help but express some disappointment at the very limited changes envisaged in relation to the right to strike. Recognising the importance and scope of this fundamental workers' right, and without questioning its essence, we believe it could have been taken further,” concludes the author.

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