The government has unveiled a draft proposal for labor law reform, currently under discussion in social consultation, which expands the sectors to be included in minimum service requirements during strikes. These sectors now encompass food supply, care services for children, the elderly, patients, and individuals with disabilities, as well as “private security services for essential goods or equipment.”
During a morning hearing at the Committee on Labor, requested by Chega, CIP – Confederation of Portuguese Business leader Gregório Rocha Novo advocated for further expansion of the list of sectors that address imperative social needs, for which minimum services must be defined during strikes.
At the end of the hearing, when questioned about additional sectors that should have minimum service coverage, Rocha Novo pointed out that the cleaning and disinfection sector is among those that should be included.
Representing CCP – Confederation of Commerce and Services of Portugal, Secretary-General Ana Vieira emphasized the necessity of legislative revision to incorporate new sectors requiring minimum services due to economic evolution, particularly highlighting elderly care. She also supported extending the government’s proposed list.
“We even believe the draft could go further concerning sectors ensuring essential social needs,” Ana Vieira stated.
Similarly, CAP – Confederation of Portuguese Farmers, through Adriano Lourinho, maintained that widening sector coverage “could go further” and asserted that defining minimum services should be mandatory within collective bargaining instruments such as Collective Labor Contracts or Company Agreements.
In the parliament, employers’ confederations also argued for a clear stipulation that arbitral tribunals, when dealing with sectors subject to minimum service requirements, cannot deny their existence.
Gregório Rocha Novo remarked, “Minimum services cannot equate to zero services,” and emphasized that a certain level of activity must be maintained during a strike.
“Minimum services cannot be 0%,” concurred a CAP jurist, suggesting a fixed percentage based on the strike and the activity involved, such as 25% or 30%.
According to CAP, the recent absence of minimum service definitions during public transport strikes, such as the CP strike, “was particularly severe.”
In this hearing, Gregório Novo also mentioned other topics CIP wishes to address, including the advance notice for strikes and the legality of strikes for political, not just labor rights, reasons, but declined to detail CIP’s stance, citing it was not the session’s theme.
The government justifies its intention to extend minimum services by balancing the right to strike with fulfilling urgent social needs.
On September 10, CGTP criticized this expansion plan in parliament, arguing that “everything becomes essential,” suggesting the government’s proposal may classify activities like Matutano’s potato chip production as urgent social needs.
Union leader Filipe Marques noted that even now, before this labor review, strikes often include “minimum services that practically serve as maximums,” with more workers required than on a typical workday.
He cited instances during public function strikes where gravedigger services mandated five workers in cemeteries staffed by only three such professionals.
