A few amendments were made to the Portuguese Labor Code and other legal Acts in Portugal towards strengthening the legislative framework for the prevention of harassment. (Law 73/2017, August 16)
Law 7/2009 (Labor Code) and Law 35/2014 (General Labor Law in Public Functions)
- Following the amendments made, the Labor Code enshrines a direct prohibition of harassment, and provisions preventing the complainant and witnesses to be impaired for statements made in legal proceedings triggered by harassment (article 29);
- It establishes a duty for employers to adopt measures to prevent and suppress harassment, whenever the employer (company) has a headcount of seven or more employees. Additionally, the employer must initiate a disciplinary procedure (investigation), whenever he becomes aware of alleged harassment at work (article 127);
- Abusive dismissal (or any other punishment) is presumed to occur when dismissal takes place within one year after the claim against harassment is raised or other form of exercise of rights relating to harassment (article 331);
- An offence to the employee’s physical or moral integrity, in particular the practice of harassment, qualifies as a fair cause of termination of contract by the employee (article 394).
- The provisions of the Labor Code on harassment are also applicable to the public employment relationship (article 4).