In the last 20 years, there were profound changes in some of the legal principles on which industrial relations in Portugal were based, namely with the inception of the caducity regime of negotiated collective agreements.
The caducity of collective agreements weakens the trade unions, because it means that the negotiations between them and the employers’ associations has to start from scratch.
The possibility of broadening the use of arbitration mechanisms in order to mitigate the effects of caducity will tend to restore a certain balance in the relations between the parties – employers and trade unions -, eliminating the threat of a void in the post-caducity period.
Keywords: Industrial relations, caducity of collective agreements, arbitration, Labour Code
Author: Filipe Lamelas.