Keeping in mind the central focus of its mission, CoLABOR has been producing texts, events and initiatives related to the theme of the Decent Work Agenda (see https://trabalhodigno.colabor.pt/).
The entry into force of Law No. 13/2023 brought a significant number of changes to the Labor Code and related legislation. However, its scope and the characteristics of its impacts will be revealed by the dynamics and meanings resulting from its application/implementation over time, it being certain that initial interpretations are always relevant.
It is within this framework that CoLABOR organizes a qualified debate, centered on two aspects: i) crucial aspects of the historical context of decent work, bearing in mind that it is a broad concept, and as such, permeable to diverse and distinct political and legal interpretations; ii) plural readings of the Agenda, relating to relevant topics in the individual and collective dimensions of the employment relationship and Labor Law.
The texts produced by CoLABOR, understood solely as an interpretation of the Agenda, identify pressing issues that demand particular attention, given their importance in labor relations. These include:
a) in the individual dimension
– the presumption of the existence of an employment contract within the context of digital platforms;
– the prohibition of outsourcing for 12 months following a dismissal process for objective reasons;
– the change to the legal framework for temporary work.
b) with regard to the collective dimension
– the introduction of the possibility of collective representation and the scope of collective labor regulation instruments for economically dependent service providers;
– the expansion of the possibility of resorting to mandatory arbitration, in situations where mediation is not possible, and also as a consequence of failed mediation, as well as for the assessment of the grounds for the complaint.
In the work carried out by CoLABOR, reference is made to other matters and the absence of some themes is noted, namely the lack of in-depth reflection on the scope of the principle of the most favorable treatment, on the organization and duration of working time, as well as the non-inclusion of salary issues in the discussion of the Agenda.
