Amendments to Labor Code

08 / 16 / 2017

It was published today in the official Gazette Law no. 73/2017, of August 16th, introducing the twelfth amendment to Portuguese Labor Code.

The following changes are to be highlighted:

1. Harassment at work

Several amendments are introduced to the Portuguese Labor Code, in order to reinforce the legal framework for the prevention of work harassment:

The practice of harassment at work is expressly prohibited, and considered as a very serious administrative infraction, besides any criminal responsibility that may exist as well.
The victim of work harassment is entitled to an indemnification for any damages suffered, including for pain and suffering.
The employer is held responsible to repair any damage of a professional disease caused by work harassment. For this purpose, Social Security shall bear the costs for the damages repair, being then entitled to claim the reimbursement from the employer, plus interests.
The complainant and the witnesses indicated by the latter cannot be disciplinarily sanctioned for declarations or facts included in judicial or administrative proceedings triggered for work harassment, until a final decision is known, except in case of fraudulent conduct.
Companies with seven or more employees are obliged to adopt a Code of good practice to prevent and combat work harassment. The violation of this obligation by the employer is considered a serious administrative offense.
The employer is obliged to launch a disciplinary procedure whenever acknowledges possible conducts of work harassment. The violation of this obligation by the employer is considered a serious administrative offense.
The practice of harassment is now expressly included in the list of behaviors adopted by the employer that may constitute a fair ground for termination of the employment contract by the employee, being the latter entitled to a compensation.
It is presumed as abusive the application of any disciplinary penalty (including a dismissal) to allegedly punish an infraction that takes place one year after the complaint or other form of exercise of rights relating, among others, to work harassment.

2. Mutual agreement to terminate the employment contract

It is now mandatory that the mutual agreement executed with the employ in order to terminate the employment contract includes, besides the date of its execution and the date it becomes effective, the legal period during which the employee may cancel the agreement.

This Law shall enter into force on October 1st, 2017.