Labor Law – Portugal

Labor Law - Portugal

In Portugal, employment law is one of the areas of law most requested by companies and individuals, which is partly due to its impact on people’s lives, but also to the particularities of the legislation.

The fact that Portuguese labour legislation reflects EU standards and rules on several issues does not rule out its specificities, which require specialized advice.

For this reason, the lawyers of Belzuz Advogados’ Employment Law Department provide their clients with all kinds of legal advice, both in terms of consultancy and litigation before administrative entities (such as the Authority for Working Conditions and Social Security) and the employment courts, guiding their clients towards finding the best labour solutions.

It is particularly important to make its clients aware of preventive legal advice and the need to adopt policies and measures in advance to avoid risks and expenses and guarantee greater legal certainty.

The advice provided by this department is characterized by extensive knowledge of its clients’ areas of activity and significant proximity to their human resources departments, but also the experience with multi-thematic legal advice and complementarity with other areas of law that have a special connection with employment issues, such as tax law.

The quality of the services provided, proximity to the client, as well as agility and speed of response, are the basic principles that govern the services of this department.

Specialties

General labour advice
Social Security
Accidents at work and occupational disabilities

Hiring of Portuguese employees by companies without a permanent establishment in Portugal
Validation of the hiring of foreign employees to work in Portugal
Posting of employees to and from Portugal, and monitorization of the respective procedures in Portugal
Drafting of employment contracts (fixed or unfixed term, permanent, under commission of services and other legally established types), with specific advice on the most appropriate type, particularly in the case of senior management positions
Advice on labor subcontracting arrangements (occasional assignment of employees, multiple employers, temporary work, provision of services)
Legal advice on issues related to working conditions (vacations, absences, leaves of absence, parenthood, relocation, changes to working hours, etc.)
Advising on the definition and implementation of human resources policies, namely remuneration systems / fringe benefits, internal regulations (on matters such as teleworking, the use of digital equipment and devices, work organization and discipline, digital disconnection policies), codes of conduct, equality plans related to wage differences
Carrying out investigations regarding harassment (moral, sexual or other) and issuing reports with suggestions on measures to be adopted by employers
Monitoring and executing disciplinary procedures and preliminary inquiries
Advising on human resources restructuring processes, in particular collective dismissals, dismissals based on the redundancy of the job position, dismissals due to unsuitability, insolvency declarations and other similar matters
Advising on other types of termination of employment contracts, such as termination during the trial period, and expiry of temporary employment contracts
Labor advice on the transfer of establishments / economic units or in the context of company acquisitions, mergers and spin-offs
Carrying out lay-off procedures and other situations of suspension of employment contracts
Carrying out audits on labor and social security matters (“Due Diligence”)
Systematic verification of labor compliance
Monitoring inspection processes promoted by the Working Conditions Authority or by Social Security
Advising on collective bargaining processes and interpreting collective labor regulation instruments
Representation in legal proceedings, particularly in cases of challenging of dismissal and recognition of employment contracts, accidents at work, labor claims, and challenge of disciplinary sanctions
Carrying out customized training courses according to the clients’ needs

Health, hygiene and safety at work are values that must be defended and promoted in the workplace, and which generate relevant obligations for both employers and employees.

Considering the implications that an accident at work or an occupational disease can have on a employee’s life and on the activity of companies, it is essential that they know their rights and obligations and also under what terms they can claim compensation or a pension or be ordered to pay them.

The team of lawyers of Belzuz Advogados has the technical capacity and experience necessary to advise its clients in an area as specific as accidents at work, recognition of occupational diseases and establishment of disabilities.

In this context, its clients are advised both at the conciliation stage and at the litigation stage on the following matters:

a) In the definition of situations considered as accidents at work (characterization of accidents at work) and accidents in itinere

b) Analysis of the employer’s or employee’s liability arising from their culpable action or violation of the rules of hygiene, safety and health at work

c) In the assessment of pecuniary damage and the determination of:

Compensation for absolute or partial temporary incapacity for work
Capital compensation and pension due to permanent incapacity for work
Provisional pension
High permanent disability allowance
Death grant and funeral expenses
Death pension
Supplementary benefit for the care of a third person
Housing readaptation allowance
Allowance for the professional retraining of the injured party when is unable to continue his previous activity

In the assessment of non-pecuniary damage:

General permanent disability
Quantum doloris
Aesthetic and self-affirmation damage

d) Determining (i) temporary and (ii) permanent incapacities

e) Monitoring the attribution of the degree of incapacity and the calculation of compensation per accidents at work

f) Defining situations that can be classified as occupational diseases and obtaining fair compensation for them

g) Managing activities before the Accidents at Work Fund to obtain payment of the compensation due in place of the responsible entity following its insolvency, economic incapacity or disappearance

h) In the review of incapacity due to aggravation