Working in Portugal - Representation of Workers

Freedom of association for workers is enshrined in the Portuguese Constitution.

In order to defend and promote their collective rights and interests, workers may form: Workers' Commissions and Workers' Subcommissions, European Works Councils and trade union associations. These structures representing employees are independent of the State, political parties, religious institutions and associations of any other type, and any interference thereby in their organisation and management or their reciprocal funding is prohibited.

Employees elected to these structures are granted time-off rights in proportion to normal working hours, with no loss of length of service entitlement.

Rights of Workers' Commissions and Subcommissions

To receive all the information necessary for their activity; to scrutinise management in their enterprises, take part in enterprise restructuring processes, take part in drafting labour legislation, manage or take part in the management of the enterprise's welfare facilities and promote the election of employees' representatives to the governing bodies of public enterprises.

The following acts by employers must be preceded by a written opinion issued by the Workers' Commission: 

• regulation of the use of technological equipment for remote workplace surveillance
• the processing of biometric data
• the drafting of the enterprise's rules of procedure, amendment of the basic criteria for professional classification and promotions, definition and organisation of the working hours applicable to all or part of the enterprise's workforce, drafting of the employee holiday schedule, changes in the enterprise's or establishment's place of work, any measures giving rise to a substantial reduction in the number of employees in the enterprise or a substantial deterioration in their working conditions, closure of establishments or production lines, winding up or the filing of a declaration of insolvency concerning the enterprise.

European Works Councils are established to ensure employees' rights to information and consultation in Community-scale enterprises or groups of enterprises that employ at least 1,000 workers in European Union Member States, and 150 workers in each of two different Member States.

Trade union associations include: trade unions, federations, unions and confederations. Trade union associations are entitled to: 

• enter into multi-employer agreements
• provide services of an economic and social nature to their members
• take part in drafting labour legislation, initiate and intervene in legal cases and administrative procedures to defend their members' interests, take part in enterprise restructuring processes, and establish relations with or join international trade union organisations.

Workers are guaranteed freedom to join a trade union, though no worker is permitted to be a member of different trade unions for the same occupation or activity at the same time.

Workers and trade unions are entitled to carry out trade union activity within the enterprise, particularly by means of workplace union representatives, trade union commissions and inter-union commissions.

Employees are elected as workplace union representatives by direct secret ballot. Workplace union representatives are entitled to five hours' time off per month (or eight hours in the case of a representative who sits on an inter-union commission) to engage in trade union activity.

Useful information:

• Código do Trabalho [Labour Code], Law No 99/2003 of 27 August; Law No 35/2004 of 29 July
• CGTP - Confederação Geral dos Trabalhadores Portugueses [General Confederation of Portuguese Workers]
  Rua Vítor Cordon noº 1 - 1249-102 Lisbon
  Tel: +351 213 236 500
• UGT União Geral de Trabalhadores [General Workers' Union]
  Rua de Buenos Aires, 11 - 1249-067 LISBON
  Tel: 213 931 200 
• Fax: 213 974 612

Text last edited on: 12/2004

Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.