In the early 1970s, the economic assumptions underpinning the typical model of labor relations underwent profound changes, with a widespread recourse to atypical forms of work that had been observed since the last quarter of the 20th century. However, this generalization did not contribute to a regulation of these forms of work aimed at removing them from commercial arbitrariness, in order to provide legal protection to workers. The right to job security is a structuring principle, and its constitutional enshrinement implies the recognition that the right to work has a human dimension, of personal fulfillment, and as such, removes from the arbitrary disposal of the employer not only the free termination of the employment relationship, but also any and all substantial modifications to the content of the employment relationship.
The Decent Work Agenda should not ignore that the strategy to combat precarious employment – which has different expressions – benefits from being framed within the constitutional objective of promoting job security. This objective, not being limited to merely combating precarious employment, extends to other aspects of the work relationship, reinforcing with this association the broader meaning of the concept of precariousness. Furthermore, a profound reflection is needed on the limitation of fixed-term contracts, the subsidiary nature of temporary work in relation to fixed-term contracts (as well as its limitation to functional areas that do not constitute the company's core business), and on the essential nature of economic dependence as a crucial aspect in defining the employment contract.
Keywords: Employment relationship, precariousness, job security, Decent Work Agenda, Labor Code, labor reform.
Authors: FilipeLamelas, Pedro Rita
