Criticized by the entire opposition, the PS approved in a final global vote on Friday the Decent Work Agenda, which will introduce more than a hundred amendments to labor laws. Voted positive only by the socialists, the text had the abstention of PSD, Chega, PAN and Livre and votes against by BE, PCP and IL. The new rules, to be promulgated by the president of the republic, should come into effect in April next year, following a lengthy legislative process that began in June last year. What will change in employment law once the degree has been approved?
SNS24 is down for up to three days
It is one of the innovations resulting from the Decent Work Agenda. Sickness absence can be transferred via the digital service SNS24, by means of an “own illness declaration” under “honorary commitment”. These declarations can only be used twice a year and may not exceed three sick days.
Extended death leave
The leave due to the death of a spouse or stepchild will be increased from the current five to twenty consecutive days. Parental leave is also provided for a period of three days.
The parental leave of the father increases to 28 days
The period of exclusive parental leave of the father is extended from 20 to 28 days, consecutive or interrupted, within 42 days after the birth of the child. After this leave, the father is entitled to a further seven days (currently five), also consecutive or interrupted, as long as they are taken simultaneously with the mother’s initial parental leave.
extended telework
Anyone with children with a disability, chronic illness or oncological condition is now entitled to telework, regardless of the age of the children and provided that remote work is compatible with the company’s activity.
Fixed amount for telecommuting costs
The agreements for teleworking must include the amount that is attributed to the employee as expenses. “The individual employment contract and the collective bargaining agreement must, at the conclusion of the contract for the provision of telework, determine the amount of compensation due to the employee for overcharges,” the document said. Compensation is considered an “employer cost” and the government will determine the amount up to which companies will be exempted from paying tax.
Severance pay increases
Compensation for collective redundancies or termination of employment will be increased from the current 12 days of base salary and seniority payments to 14 days, for each full year of employment. However, and contrary to what the PS has admitted, the measure will not be retroactive to 2013 (the year the current legal framework came into effect), and will only affect the future – “it only applies to the period of duration of the contractual relationship counted from the beginning of the validity and effect of this law”.
Presumption of agreement on digital platforms
It was one of the most controversial points in the parliamentary discussion. In its final version, the text stipulates that “the existence of an employment contract is presumed when in the relationship between the activity provider and the digital platform” at least two of the six characteristics are verified – for example, when the “digital platform controls and supervises on the delivery of the activity, including in real time” or “determines the remuneration for the work performed on the platform”. In cases where there is a presumption that there is a contract, the rules of the Labor Code “regarding accidents at work, termination of contract, prohibition of dismissal without due cause, minimum wage, holidays, limits of normal working period, equality and non-discrimination”.
Outsourcing prohibited for companies that lay off
In the event of collective redundancies or job lapses, companies are now prohibited from using vacancies through outsourcing for a year.
Employees cannot waive salary credits
The dismissal of employees on wage credit can only take place within the framework of judicial agreements. This rule prevents statements, often required by companies, upon dismissal or at the end of contracts, in which employees declare that they no longer receive anything.
Interns must earn minimum wage
Currently, the law stipulates that trainees must earn at least the equivalent of the Social Support Index, which is now 480 euros. With the changes made, this value is now indexed to the national minimum wage, which in the 2023 values amounts to a salary of 760 euros.
Source: DN
