The government has unveiled a draft proposal for labor law reform, aiming to review “over a hundred” articles of the Labor Code in negotiations with social partners.
The proposed changes, introduced as “Work XXI” on July 24, reflect a “comprehensive” revision of labor legislation. These cover areas from parental leave adjustments, breastfeeding, and gestational bereavement to flexible working, corporate training, or probation periods in employment contracts. The reforms also foresee expanding sectors subject to minimum services during strikes.
Government Proposal’s Path to Implementation: A Lengthy Process
“The path from draft proposal to the enactment of a new law in Portugal involves several legal, political, and administrative steps, ensuring democratic discussion, technical evaluation, and potential approval and publication,” explained Joana Cadete Pires, partner, and Maria Ramos Roque, associate of PRA – Raposo, Sá Miranda & Associados to Notícias ao Minuto.
In practice, “we have a long road ahead before the law’s enactment,” beginning with the “drafting of the proposal by the Ministry of Labor.”
The next phase involves “public consultation and social dialogue, meaning the draft can be submitted for public consultation and/or discussed in social dialogue with social partners.”
“The Commission for Equality in Work and Employment (CITE) may also issue opinions related to parental protection. After this step and some adjustments, the draft is approved in the Council of Ministers, becoming a government legislation proposal or a parliamentary bill,” the lawyers explain.
Subsequently, the “proposal or bill is submitted to Parliament and subjected to general discussion and voting, in-depth article-by-article discussion with possible amendments, and final global voting.”
Following parliamentary approval, “the draft is sent to the President of the Republic who can promulgate, politically veto, and request constitutional review.”
Only after presidential promulgation is the law published in the Diário da República and takes effect.
