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Collective labour disputes, particularly those arising out of the signature or amendment of a collective agreement, can be resolved by conciliation or with the assistance of the mediation services of the Ministry responsible for the sector, promoted at any time by agreement of the parties, or by one of the parties. If mediation has been requested the mediator may consult each party separately to the extent considered appropriate and practicable for reaching an agreement. The parties must attend meetings convened by the mediator.
A strike is a total or partial withdrawal of labour by employees. The right to strike is enshrined in the Constitution, and workers are responsible for defining the scope of the interests to be defended thereby. The decision to strike is taken by the trade union associations. Before going on strike the trade union (or Workers' Commission) must send a written notice of strike to the employer or employers' association, and to the Ministry responsible for the area of employment, or must publish the notice of strike in the mass media at least five days' in advance. Should the strike take place in an enterprise or establishment intended to meet essential social needs the notice must be issued at least ten days in advance and a minimum service must be ensured.
Employers cannot take on new workers and/or enterprises contracted specifically to replace or carry out tasks performed by the striking workers, unless essential social needs or the services necessary for ensuring the safety and maintenance of equipment and installations are not guaranteed.
The law prohibits any act involving coercion, prejudice or discrimination against workers on the grounds of whether they adhere to a strike or not. However, workers who are on strike lose their entitlement to remuneration and are therefore released from the duties of subordination and attendance. Social security entitlements, however, are not affected, and they cannot be placed at a disadvantage in counting length of service.
If the labour dispute relates to an individual contract of employment the matter may be submitted to the Employment Tribunal with jurisdiction in the employee's place of work or area of residence. Such Tribunals are also responsible for hearing appeals against rulings made by the employment and social security authorities.
Useful information:
- Código do Trabalho [Labour Code], Law No 99/2003 of 27 August
Text last edited on: 12/2004
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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