Press "Enter" to skip to content

New Laws With Regard to the Replacement of Temporary Workers

Companies will no longer be able to hire workers on green receipts to succeed, in the same post or professional activity, to a temporary worker, according to a proposal approved last week.

The Socialists (PS) proposal was adopted in the working group of the Committee on Labour, Social Security, and Inclusion on labour changes under the Decent Work Agenda.

The Labour Code already provides that, if the maximum duration of a temporary contract has been completed, “the succession in the same post as a temporary worker or a fixed-term worker is prohibited before a period of time equal to one-third of the duration of that contract, including renewals, is prohibited.”

With the PS proposal approval, this restriction is extended to those working on green receipts (service contracts) and also to the same “professional activity.”

“In the event that the maximum duration of the contract for the use of temporary work has been completed, the succession in the same job or professional activity of a temporary worker or a fixed-term worker, or a contract for the provision of services for the same object or activity, concluded with the same employer or company which is in a domain or group relationship with him, is prohibited, or maintain common organisational structures before a period of time equal to one-third of the duration of that contract, including renewals,” establishes the new standard.

The reduction in the maximum number of renewals of temporary employment contracts from six to four is another of the measures provided for in the Decent Work Agenda, but has not yet been voted on.

There has also been an approved amendment to the CFP to the Government’s initiative on successive contracts.

According to the proposal of the Communists, in cases where companies do not comply with the rule of prohibition of successive contracts, “the contract concluded between the worker and the user” is considered without an end, counting for seniority “all the working time provided to the user in compliance with the successive contracts.”

The government’s proposal amending labour legislation, under the Decent Work Agenda, entered parliament in June without the agreement of Social Concertation, having been approved in general on the 8th of July with favorable votes from the PS, abstention by the PSD, Chega, BE, PAN, and Free, while the Liberal Inititiative and PCP voted against.

The discussion started on the 29th of November and the new rulings are scheduled to come into effect in early 2023.

Samantha Gannon

info at

Mission News Theme by Compete Themes.
Madeira Weekly