July 4: Decent Work. Context and readings of the Agenda
Bearing in mind the central focus of its mission, CoLABOR has been producing texts, events and initiatives on the theme of the Decent Work Agenda (see https://trabalhodigno.colabor.pt/).
The entry into force of Law 13/2023 brought a significant number of changes to the Labor Code and related legislation. However, their scope and the characteristics of their impact will be revealed by the dynamics and meanings resulting from their application/effectiveness over time, and it is certain that the initial interpretations are always relevant.
It is within this framework that CoLABOR is organizing a qualified debate, centered on two aspects: i) key aspects of the historical context of decent work, bearing in mind that it is a broad concept and, as such, permeable to diverse and different political and legal interpretations; ii) plural readings of the Agenda, relating to relevant topics in the individual and collective dimensions of the employment relationship and Labour Law.
The texts produced by CoLABOR, understood only as a reading of the Agenda, identify pressing issues that require particular attention, given their importance in labor relations. They stand out:
a) in the individual dimension
- the presumption of the existence of an employment contract in the context of digital platforms;
- a ban on outsourcing in the 12 months following a dismissal for objective reasons;
- the amendment to the legal regime for temporary work.
b) with regard to the collective dimension
- the introduction of the possibility of collective representation and the scope of collective labor regulation instruments for economically dependent service providers;
- the extension of the possibility of recourse to necessary arbitration, in the situation where recourse to mediation does not occur, and also as a result of frustrated mediation, as well as for the assessment of the grounds for the complaint.
In the work carried out by CoLABOR, reference is made to other issues and the absence of some topics is noted, namely the lack of in-depth reflection on the scope of the principle of more favorable treatment, on the organization and duration of working time, as well as the non-inclusion of wage issues in the discussion of the Agenda.
