Diogo Orvalho clarifies controversial proposed amendments to labour legislation in a SIC Notícias commentary
During a debate on SIC Notícias, Diogo Orvalho highlighted two proposed amendments to labour legislation that may prompt review by the Constitutional Court. Among the examples he pointed out were the removal of the evidentiary stage in ongoing disciplinary proceedings and the possibility of eliminating job positions, with those duties potentially being assigned to external service providers.
The analysis arose in the context of new negotiations between the Government and the UGT, ahead of the general strike scheduled for 11 December, at a time when the debate on labour law reform remains intense.
Diogo Orvalho acknowledged that there are still measures on which the Government may backtrack, such as the extension of the maximum duration of fixed-term contracts from two to three years. According to the lawyer, this change could affect access to mortgage credit, particularly among younger people, making banks more reluctant.
The issue of the time bank was also discussed. In Diogo Orvalho’s view, this mechanism is a useful tool for companies to respond to peaks in workload, emphasising that many workers do not view the solution negatively.
Regarding dismissals without just cause, Diogo Orvalho clarified that, within the scope of a legal challenge, the worker’s non-reinstatement “is not automatic”: “The company will have to demonstrate that reinstatement would be highly detrimental to its activity, and confirmation by a judge is required,” he explained, noting that this information has not been properly understood by the public.
Watch the full commentary (available only in Portuguese).
