Portugal: Industrial relations

Original authors: David Carvalho Martins, António Monteiro Fernandes, Nuno Abranches Pinto and Filipa Lopes Galvâo, Littler | Portugal

Updating authors: Tiago Sequiera Mousinho, Rui Rego Soares and Gabriela Plácido, Littler | Portugal

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Summary

• Industrial relations encompass the set of rights, duties and collective mechanisms governing the interaction between employers and employees' representative bodies. (See General)
• Workers have a constitutional right to join a trade union. (See Trade unions and recognition)
• In addition to trade union representation, the legal system provides for a non-union collective representation structure in the form of the employees' committees. (see Employees' committees, subcommittees and coordinating committees)
• The right to collective bargaining is constitutionally guaranteed. The Labour Code sets out the rules for the legitimacy, subject matter, procedure and effects of collective bargaining. (See Collective bargaining and agreements)
• The rights to information and consultation are a central element of the collective framework and derive from both national legislation and various European directives. (See Informing and consulting - general)
• The law imposes specific and structured obligations on employers prior to implementing collective redundancies. (See Informing and consulting prior to redundancies)
• In the event of a business transfer, the seller (transferor) and buyer (transferee) are required to provide information to and, where appropriate, consult representatives of their affected employees. (See Informing and consulting prior to transfers)
• "Community-scale" undertakings must, in certain circumstances, establish a body to negotiate with management over the establishment of a European Works Council or an information and consultation procedure. (See European Works Councils)
• Various mechanisms exist to resolve disputes through institutional peaceful settlement procedures. (See Dispute resolution mechanisms)
• Individuals have a constitutional right to strike, but must exercise it collectively and in accordance with certain rules. (See Industrial action)
• There is no general obligation for companies to include employee representatives on the board of directors. (See Board-level employee representation)