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Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
New Law Regulates Secondment of Employees for the Provision of Services
New Legislation Enacted
Author: Ricardo Grilo, Senior Associate — Garrigues Portugal S.P.L.
Law no. 29/2017 of May 30 adopts Directive 2014/67/EU of the European Parliament and applies to the secondment of employees for the provision of services, whether the services will be provided in Portuguese territory or in another Member State by a services provider based in Portugal. The new obligations require service providers to submit a declaration, before the services start, providing, inter alia, (a) the services provider’s identification; (b) number and identification of the employees to be assigned; (c) identification the services provider’s point of contact; (d) expected start and end dates of the assignment; (e) work site; (f) nature of the services; (g) working hours records; and (h) designated contact person with the authorities. In the event of non-compliance, an employee assigned into Portugal is entitled to file a claim with the competent authority and a legal action against the employer for damages, even where the employment contract is already terminated. Finally, the contractor to which the services are provided is joint and severally liable for any delayed net retribution due to the employee, regarding the relevant period of provision of services.
Recognition of Professional Qualifications
New Legislation Enacted
Author: Ricardo Grilo, Senior Associate — Garrigues Portugal S.P.L.
Law 26/2017 of May 30 introduces mechanisms to facilitate the recognition of professional qualifications and to contribute to the reduction of the limitations identified on the free movement of people within the EU.
Employee’s Right of Free Movement
New Legislation Enacted
Author: Ricardo Grilo, Senior Associate — Garrigues Portugal S.P.L.
Law 27/2017 of May 30 adopts measures for the uniform application and practical implementation of the right of free movement of employees. It legislates into Portugal Directive 2014/54/EU of the European Parliament and of the Council of April 16, 2014.
Professional Internships Incentive Program
New Order or Decree
Author: Ricardo Grilo, Senior Associate — Garrigues Portugal S.P.L.
New Government Order no. 131/2017 regulates a new professional internship’s incentive, with an aim for the integration in the employment market of young and long-lasting unemployed individuals, particularly focused on people with disabilities, single-parent families, victims of domestic violence and refugees. An internship contract should be entered into between the sponsor and the intern, which in most cases will last for nine months and will not be renewable. It entitles the intern to a monthly pay which may potentially be compensated with a contribution from the Employment and Professional Training Institute ranging from 65% to 80% of the relevant. Should the sponsor engage the intern after the program on an open ended basis, it may be eligible for the payment of a premium equal to twice the employee’s basic monthly salary with a limit of five times the social benefits reference figure. (Order no. 131/2017 was published on the Portuguese Official Gazette under no. 70/2017, Series I, April 7, 2017).