The government is planning a revision of the Labor Code, with intentions already known from the Executive of Luís Montenegro. However, these measures are expected to face resistance from workers, according to economist João Rodrigues dos Santos.
“What we can expect are demonstrations, general strikes, and strong opposition to the government. So far, the government has approved a draft in the Council of Ministers aiming for this labor legislation reform and foresees a revision of more than 100 articles of the Labor Code,” explained the economist in statements to CNN Portugal over the weekend.
On July 24, the government approved a “profound” reform draft of labor legislation in the Council of Ministers, which will be negotiated with social partners and includes revising “more than a hundred articles of the Labor Code.”
“From here, the process involves negotiation with social partners, and this is where the problems begin. The government wants to flexibilize the labor market, but when we talk about flexibilizing the labor market, the narrative of trade unions is about creating conditions for facilitated dismissal and removing workers’ rights,” stated João Rodrigues dos Santos.
The General Secretary of CGTP, Tiago Oliveira, has already challenged all presidential candidates to take a stand on the labor legislation revision proposed by the government, which he termed an “attack on workers.”
For the CGTP General Secretary, “it was important that all those who today assume this candidacy spoke about what is on the table concerning the revision of labor legislation.”
“They should speak about this attack underway, about this labor package brought to discussion. It was important for each to speak about what is the goal, about how they see it, and what they foresee for the country’s future regarding the labor world,” he challenged.
According to Tiago Oliveira, what is on the table in the labor legislation review “is a real attack on workers, a true attack concerning essential values,” emphasizing the “role of the President of the Republic to comply and enforce the Constitution.”
Changes Ahead
Stay informed about the main proposals, from the revocation of gestational mourning to changes in flexible hours for workers with children under 12 or disabilities:
- Gestational Mourning
Controversy erupted last week when it was reported that the government is preparing to revoke the provision for gestational mourning, which allows mothers to take three days off work for this reason in case of pregnancy interruption.
Currently, the Labor Code provides that mothers can take these three days if they do not take the leave for pregnancy interruption, which grants them the right to be absent for 14 to 30 days.
The gestational mourning leave can also be taken by the father for up to three consecutive days if the mother is on leave for pregnancy interruption. These absences are deemed justified and do not affect the worker’s rights.
The Ministry of Labor, Solidarity, and Social Security (MTSSS) later stated in a communication that “in the event of pregnancy interruption, the worker will always be entitled to take the leave of 14 to 30 days, as per the provisions in art. 38.º, n.º 1 (subsidized at 100% under the applicable legal regime)” and that “it makes no sense to alternatively foresee the right to be absent in this situation.”
The other parent will have “the right to be absent from work up to a limit of 15 days, contrary to the current three days.” However, this right falls under family assistance rules, whose absences, though justified, entail a loss of remuneration.
- Breastfeeding Certificate (and limit up to two years old)
Another change the government intends relates to breastfeeding leave. According to the draft, “for the purpose of breastfeeding leave, the worker informs the employer 10 days before the start of the leave that she is breastfeeding the child, and must present a medical certificate proving it.” Until now, the law only required proof from the child’s first year.
Additionally, changes in labor legislation also stipulate that the right to take leave for breastfeeding is only valid “until the child reaches two years old,” a limitation not present in the current law.
The measure was criticized by the Ordem dos Médicos, which considered it a legal setback favoring productivity over childhood and causing unnecessary stress to mothers.
The National Association of Public Health Doctors warned that such a change would consume time from professionals and families during an already demanding period.
- Parents Cannot Refuse Night or Weekend Work
The changes proposed by the government include amendments to flexible work hours for workers with children under 12 or with disabilities.
According to paragraph D of article 56.º, the flexible schedule must “adjust to the special forms of work time organization resulting from the company’s operating period or the nature of the worker’s functions, particularly in cases of night work or work habitually performed during weekends and holidays.”
This means a worker with a child under 12 or with a disability will have to work nights, weekends, and holidays.
Maria do Rosário Palma Ramalho’s department explained to SIC that the amendment does not eliminate the right to flexible hours but ensures that requests are compatible with the reality of the job position.
A draft to reform labor legislation was approved in the Council of Ministers, still to be discussed and negotiated with social partners, and will include the revision of “more than a hundred articles of the Labor Code.”
Notícias ao Minuto with Lusa | 08:22 – 26/07/2025
