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“There are rules with serious potential for businesses.” CIP defends successive inspection of the constitutionality of labor reforms

The CIP – Confederação Empresarial de Portugal defended this Thursday that some labor changes foreseen in the Decent Work Agenda be the subject of a request for successive inspection of constitutionality “as soon as possible”.

In a statement, the CIP states that it “understands that a request for subsequent inspection should be made as soon as possible under penalty of the profound consequences on the economic dynamics of the country becoming irreversible”.

The labor changes foreseen in the Decent Work Agenda entered into force this month, but have been criticized by the CIP, which asked for the opinion of constitutionalists who, in turn, considered some of the new labor regulations unconstitutional.

Armindo Monteiro. “Too much political intervention causes harm. This government has dared to reach levels and limits never before tested”

One of those rules that, according to the CIP, has “harmful potential for companies” is the prohibition, for 12 months, of resorting to “outsourcing” (outsourcing) after a collective dismissal or extinction of the job.

Another rule “whose constitutionality is clearly evident refers to the extinction of the possibility for workers to renounce credits when they are fired or terminate the contract,” says the confederation chaired by Armindo Monteiro.

“Given the strength of the opinions and the magnitude of the damage that the new norms, approved outside the Social Agreement, it can mean for the management of companies and for the competitiveness of the national economythe CIP is taking measures so that the aforementioned reforms are considered unconstitutional”, can be read in the note.

Decent Work Program. Public service outside of overtime increase

The new leadership of the CIP, elected on March 30, was received for the first time last week by the President of the Republic, Marcelo Rebelo de Sousa, and one of the topics brought by the confederation to the meeting was the changes in the labor law.

On the occasion, the confederation delivered to the President of the Republic two legal opinions that, according to the CIP, “evidence the manifest unconstitutionality of some of the regulations” of the Decent Work Agenda.

In February, before the entry into force of the law, the National Council of Business Confederations (CNCP), made up of the CIP and the Confederation of Portuguese Farmers (CAP), the Confederation of Commerce and Services of Portugal (CCP) , the Portuguese Confederation The Construction and Real Estate Confederation (CPCI) and the Portuguese Tourism Confederation (CTP) had already sent a letter to the President of the Republic where they considered that there were unconstitutional regulations on labor changes.

However, on March 22, Marcelo Rebelo de Sousa announced the enactment of the law, although he expressed doubts about the effects of some solutions.

In a note released by the Presidency of the Republic, Marcelo indicated that some solutions of the decree “perhaps have, in the labor market, an effect contrary to that supposedly intended“, but justified the promulgation with the “vast majority” that approved the diploma and with the “numerous positive aspects” contained in it.

Marcelo enacts the Decent Work Agenda with criticism: “He strays from the partners in some aspects”

The successive abstract inspection may be requested by the President of the Republic, President of the Assembly of the Republic, Prime Minister, Ombudsman, Attorney General of the Republic, or by one tenth of the deputies of the Assembly of the Republic, according to information on the website of the Constitutional Court.

Source: Observadora

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