The new General Labor Law is already published in the Official Gazette, in Series I – No. 245, of December 27, 2023, following its promulgation on the 11th of this month
The document establishes a period of 90 days, following its publication, for entry into force. The diploma aims, essentially, to re-establish a set of rules that were revoked with Law no. 2/2000, of 11 February, in order to create a greater balance in defending the interests of workers and employers, and reinforce harmony in work relationships.
The General Labor Law reintroduces the employment contract for an indefinite period as a rule, and unequivocally assumes the employment contract as the only form of constitution of legal-labor relations.
Among the new features, there is also complementary maternity leave, from three months to optional four months. They also include the expansion of disciplinary measures, the mobility of workers within the same group of companies and teleworking.
The diploma redefines special employment contracts, with a focus on tele-working and sports employment contracts, as well as introducing greater flexibility in the organization and duration of work, with emphasis on the student worker’s working hours.
The Law also assumes the responsibility of the social protection management entity (INSS) to guarantee the payment of sickness or accident benefits for workers who fall under the incapacity regime.
It also clarifies the causes of the illegality of dismissals and their respective consequences, as well as the reconfiguration of the criteria for determining compensation.
With the change in the section dedicated especially to working women, gender equality and non-discrimination are enshrined, with the introduction of complementary maternity leave and social protection once morest dismissal for objective reasons.
Also noteworthy is the introduction of personality rights in the proposal, particularly freedom of expression and opinion, physical and moral integrity, privacy of private life and protection of personal data.
The General Labor Law Proposal is systematized into 322 articles, 11 chapters, 46 sections, 25 subsections, 2 divisions and 5 subdivisions.