Employment law key trends in Portugal for 2023

The year of 2023 will bring very important changes to the Portuguese Labour Code on a vast range of topics.

Please find below some of the topics that should be on the employers’ agenda for 2023

Temporary employment

The maximum number of renewals of temporary employment contracts will be reduced from six to four.

Outsourcing after dismissals

Outsourcing will not be allowed for 12 months after a collective dismissal or a dismissal for extinction of job position.

Digital platforms

There will be an assumption of existence of employment contract when there is evidence of an employment relationship between platforms and service providers and between the latter and clients.

Algorithms

There will be a new duty of information and transparency before the Authority for the Working Conditions, employees and their representatives, about the criteria of algorithms and mechanisms of artificial intelligence in employment matters.

Fixed or unfixed term employment contracts

The compensation due after termination of a fixed or unfixed term employment contract is increased to 24 days per year.

Authority for the Working Conditions

The powers of the Authority for the Working Conditions will be increased to convert fixed- term employment contracts into permanent employment contracts.

Overtime work

The pay for overtime work, after 120 hours per year, will increase (1st hour on working days: 50% increase; from the 2nd hour: 75% increase; rest days and holidays: 100% increase).

This article was first published on 18 January 2023 by our Portuguese member firm Paramount Legal.

The information provided herein does not, and is not intended to, constitute legal advice. For more details and questions, please contact our representative Manuel Ferreira Mendes.