It is one of the amendments to the “decent work agenda”, which will enter into force in May. Self-employed workers who provide more than 50% of their activity for the same entity or group may designate another worker to replace them in the event of “birth, adoption or assistance to a child or grandchild, lactation and lactation, voluntary”. interruption or clinical risk during pregnancy”. The lawyers consulted by the Observer disagree on whether or not the entity benefiting from the services can oppose the replacement. The Government does not clarify.
The alteration was proposed by the Government in the scope of changes to the labor law, an article that never existed in the Labor Code and that guarantees economically dependent independent workers the application of legal regulations regarding personality rights, equality and non-discrimination and health and safety at work. The Government’s proposal introduces an important change: “the work provider can temporarily insure the activity through third parties in case of birth, adoption or assistance to a child or grandchild, breastfeeding and lactation, voluntary interruption or clinical risk during pregnancy, for the time of the corresponding licenses or exemptions provided for in this Code”.
This alteration was criticized by the new president of the CIP (Portuguese Business Confederação), Armindo Monteiro, in his inauguration speech, where he mentioned an opinion of the constitutionalist Paulo Otero —who, as the new “boss of bosses”, concluded that the norm, together with the prohibition of resorting to subcontracting after collective dismissals or the extinction of a job. The CIP understands that the law, as drafted, does not allow companies to reject the appointment of another worker to be replaced.
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Source: Observadora
