Luís Gonçalves da Silva warns of limitations in the analysis of the increase in communications to CITE
Luís Gonçalves da Silva has cautioned against drawing firm conclusions from the reported rise in communications to the Commission for Equality in Labour and Employment (CITE), particularly in matters relating to parenthood.
The Abreu Advogados of counsel, a specialist in Labour Law, spoke on Rádio Observador’s podcast Explicador, which discussed the increase in cases reported to CITE by companies choosing not to renew contracts or intending to dismiss pregnant, postpartum or breastfeeding women, as well as employees on parental or carer’s leave.
According to Luís Gonçalves da Silva, in such cases, the law requires companies to notify the commission of any decision not to renew a contract or, in the case of dismissal, to request a prior opinion to determine whether the decision may have a discriminatory basis. If the opinion is unfavourable, “the company must then appeal to the courts,” he explained.
However, the rise in communications to CITE does not necessarily indicate a greater number of dismissals or contract non-renewals — those may exist, the Abreu Advogados consultant noted — but could also reflect companies’ increased compliance with their legal obligations, meaning “a particularly significant rise in employers’ fulfilment of their duties,” he warned.
Luís Gonçalves da Silva further stressed that this is a “very incomplete study, with a methodology that does not allow for reliable conclusions. Speculating in the public sphere can be dangerous,” he concluded.
He also highlighted the need to “rethink this model” and drew attention to the shortage of human resources, both within the commission and at the Authority for Working Conditions (ACT), which often prevents timely responses. “Without speed, it is difficult to ensure that rights are effectively protected,” he warned.
Listen to the podcast here (available only in Portuguese).
