11 April 23 | Lisboa
TOL NEWS 30, Labour Code Amendments

Law 13/2023, published on 3rd April 2023, amends the Labour Code and related legislation, as part of the Decent Work Agenda.

The changes introduced by this new law namely aim to fight job insecurity, promote equality in the labour market and reinforce surveillance mechanisms.

In the field of digital platforms, the law establishes the presumption of an employment contract between the worker and the platform itself, diverging from the previous practice of providing services through an intermediary. The respective platform can challenge this presumption but must demonstrate that it should not be considered as the employer. 

To encourage collective hiring, companies that carry out this type of hiring have additional benefits such as being privileged in the access to public support or funding.

There are now maximum limits for temporary employment contracts when the same function is being performed, including cases where the employer is different. Additionally, the number of possible renewals of this type of contract is reduced to four.

The new law also determines stricter rules for temporary-work agencies, including the obligation of certification, increased accountability and the exclusion of partners, managers or directors who have been convicted of labour offences.

Outsourcing is prohibited for one year after collective redundancies or dissolution of the job and the amount of compensation is increased in both these cases and in cases of termination of fixed-term contracts.

The trial period is reduced for young people and long-term unemployed people who already had fixed-term contracts in the same activity (lasting 90 days or more), even if with another employer. The protection of young working students is also reinforced as family allowances and scholarships can now be accumulated with wages.

Professional traineeships must be paid in at least 80% of the national minimum wage and the value of overtime work over 100 hours per year is increased. Another significant change is the fact that workers can no longer renounce credits (such as allowances and overtime) at the end of contract or in dismissal procedures.

The criminalisation of employers who fail to declare the admission of workers to Social Security within six months of the start of the respective contract is also introduced, which can be applied to all situations, including domestic service. Such an omission may lead to the employer being sentenced to imprisonment for up to three years or a fine of up to 360 days.

Regarding leaves of absence, the new law creates a leave for gestational bereavement lasting up to three days and leaves of absence due to adoption and foster care procedures are extended. Parental leave exclusive to the father and leave for the death of the spouse are also extended, from 20 to 28 and from 5 to 20 consecutive days, respectively. 

Workers who have children with disabilities, chronic illnesses or oncological illnesses, regardless of age, can now chooseto telework. The diploma also establishes that informal caregivers are entitled to request a part-time work regime and an annual unpaid leave of five days.

Additionally, making requests for sick leave of up to three days is now possible through the digital service of the National Health Service (SNS24), with a limit of two per year.

Law 13/2023 comes into force on 1st May 2023, except for the provisions regarding arbitration and expiry of collective agreements, which came into force on 4th April 2023.

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