Diogo Orvalho explains “potential unconstitutionality” of certain measures set out in the amendment to the Labour Code
“With the situation as it stands today, the Government has lost room for negotiation. If it wishes to approve certain measures, it will have to retreat on others,” says Diogo Orvalho, commenting on the programme SIC Notícias Direto.
The panel of guests was discussing the meeting convened by the Government to debate the amendments to the Labour Code with the União Geral de Trabalhadores (UGT). The Confederação Geral dos Trabalhadores Portugueses (CGTP) was not invited to attend. The discussion also addressed the possible unconstitutionality of some of the proposals.
According to the employment law specialist at Abreu Advogados, “there are potential constitutional issues”, for example, “the objection to reinstatement is a measure which, as currently drafted, would be struck down by the Constitutional Court”. Diogo Orvalho explains that this proposal “would allow any company, in the event of a dismissal deemed unlawful by a court, to oppose the reinstatement of the employee within the company”.
As such, the lawyer sees a middle ground as the way forward and the solution: “not applying it to all companies, but rather to medium-sized enterprises”.
Watch the full commentary here.
