The Decent Work Diploma was sent this Friday from Parliament to Belém to be promulgated or vetoed by the President of the Republic, and the employers’ confederations asked Marcelo Rebelo de Sousa to assess any unconstitutionality.
The Decree Law, approved a month ago in Parliament, was sent this Friday to the President of the Republic, with Marcelo Rebelo de Souza having 20 days to accept or veto the diploma, or eight days if he wants to apply to the Constitutional Court for a preventive constitutional check.
The National Council of Employers’ Confederations (CNCP) wrote a letter to the President of the Republic on the 7th stating that there are unconstitutional rules in the labor changes and urging Marcelo to consider them before making a decision.
“From the analysis carried out by this council, some of the norms of the diploma approved by the Assembly of the Republic are unconstitutional, while others will certainly entail harmful consequences and a great burden on the lives of companies and the workers themselves,” can be read in a letter to which Lusa had access .
In the document, the confederation of employers calls on the head of state to “better weigh the arguments” indicated in the message “when evaluating a diploma approved by the Assembly of the Republic.”
The CNCP notes that during the legislative process, changes were made to labor legislation that were not subject to Social Dialogue or public evaluation prior to the relevant discussion.
At stake are issues such as telecommuting, the inability to repay work loans through abdication, a change in collective dismissal procedures, or an increase in the number of days of absence justified by the death of a spouse from 05 to 20 consecutive days. work, notes the CNCP.
Among the rules that employers consider unconstitutional is one that states that companies conducting collective layoffs are prohibited for 12 months from outsourcing (“outsourcing”) to meet the needs that were provided by the laid-off workers.
“We understand that the proposed amendment constitutes an unacceptable violation of the freedom of economic initiative, as it proves to be inappropriate, unnecessary and disproportionate to the intended purpose,” defends the CNCP, citing Article 18 of the Constitution.
In a communiqué issued this afternoon, the CNCP indicates that, in addition to the letter delivered to the President of the Republic, the employers’ confederations “want to resume discussions on the main topics of organizing working hours in the context of social dialogue.” and meet with parliamentary groups on the matter.
As early as February 13, the employers’ confederations were received by the President of the Republic in Belém to express “concern” about labor changes in the Decent Work Agenda, and two weeks later they were also received by Prime Minister António Costa. , on the same topic.
The Labor Amendments to the Decent Work Agenda were approved on February 10, 2023 in a final global vote with only PS voting in favour, PSD, Chega, PAN and Livre abstaining and BE, PCP and IL voting against.
The government proposal was submitted to Parliament in June 2022 without the consent of the Social Concert, having undergone changes in the course of specialization with the inclusion of some party initiatives.
The entry into force of the new labor rules is scheduled for April.
Author: Portuguese
Source: CM Jornal
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