Portugal

i) Reinstatement of public holidays – Law no. 8/2016, of April 1, has reinstated, effective as of this year, the following public holidays: Corpus Christi (movable), Implantation of the Republic (October 5), All Saints’ Day (November 1) and Restoration of Independence (December 1). All four indicated holidays had been suppressed (or suspended) from the 2013 […]

The Constitutional Court ruled that article 186-O, no. 1, of the Labour Procedure Code, is not deemed unconstitutional when interpreted as follows: in a case under which the recognition of an employment contract is claimed – within the special lawsuit procedure, initiated by the public prosecutor services, on the basis of reports provided by the […]

The eligibility to apply for an early retirement pension now depends on the beneficiary being at least (i) 60 years of age and having, at least, (ii) 40 years of relevant remuneration registration (and payment of social security – monthly contributions over same remuneration). Also, granting early retirement pensions is now subject to prior information […]

Following the recent increase of the minimum monthly wage (from € 505 to € 530), the Portuguese Government has decided to implement an exceptional measure to support employment by reducing by 0.75%, the Social Security contribution rate paid by the employers on the remuneration due to employees between February 2016 and January 2017 (including the […]

The Supreme Court ruled that an “in itinere” work accident is an accident that occurred outside the perimeter of the victim’s house, even before entering the public road, regardless of the area where the accident occurred being a private or shared use space, as long as the victim (i) had already transposed the residence exit […]

In Portugal, the minimum monthly wage was increased as of 1st January 2016 (full-time minimum wage went up from € 505 to € 530). Pensions were also increased in line with the strategic policies contained in the new government programme towards increasing family income “as a means to re-launch the economy”. In this same line, […]

i) Mobbing and harassment at work are not legal, but rather are sociological concepts. ii) Moral harassment may come under two different forms: discriminatory harassment, in which case the hostile and unwanted behaviour is based on any discrimination factor (other than sexual discrimination); and Mobbing (non-discriminatory harassment), when the behaviour is not based on any […]

The Portuguese Constitutional Court has recently declared that the interpretation of sections 334 of the Portuguese Employment Code and 481 (2) of the Companies Code are unconstitutional in the sense that they would prevent foreign based companies that are in control of, wholly owned or have crossed shareholding interests with a Portuguese company, to be […]