Comparazione contratti di lavoro Italiani e Portoghesi

CONTRACT OF WORK WITHOUT

TERM – CONTRATO DE TRABALHO SEM TERMO

The mains characterizes this type of contract is its uncertain

duration, since it can last indefinitely, not having been previously

fixed a date of cessation. However, terminating the contract during

the trial period in this type of contract is very easy: either party can

do so without recourse to prior notice, and without having to invoke

just cause. Similarly, there is no room for any kind of compensation.

CERTAIN WORK CONTRACT – CONTRATO A TERMO CERTO

The fixed term contract is signed with a term defined in the terms

and conditions of the contract, and is a type of contract that is

usually born to meet the temporary needs of a company - it may be

a specific project, in which the employee is hired strictly to perform

duties until the scheduled completion date.

The conclusion of the fixed-term contract is only allowed in the

following cases:

a) Temporary substitution of a worker who, for any reason, is

prevented from providing service or in relation to whom an appraisal

of the lawfulness of dismissal is pending in court;

b) Temporary or exceptional increase of the company's activity;

c) Seasonal activities;

d) Execution of an occasional task or determined specific service and

not lasting;

e) Launching of a new activity of uncertain duration, as well as the

beginning of work of a company or establishment;

(f) the execution, supervision and supervision of civil works, public

works, industrial assemblies and repairs, including their projects,

other complementary control and monitoring activities, as well as

other works of a similar nature and temporality, both under contract

and of direct administration;

g) Development of projects, including design, research, management

and supervision, not included in the current activity of the employer;

h) hiring of workers in search of the first job or of the long-term

unemployed or in other situations provided for in special

employment policy legislation;

i) After retirement, if the worker continues to work, the contract will 4

automatically be extended for a period of 6 months, renewable for

equal periods (see contracts after retirement, since this is a fixed-

term contract with several specificities);

(j) The conclusion of an uncertain fixed-term contract in the

situations provided for in points (a), (c), (f) and (g) shall be

permitted. The conclusion of forward contracts other than the cases

provided for in the preceding paragraph shall render null and void

the stipulation of the term. It is important to bear in mind that it is

not enough to indicate one of the situations described above, it is

necessary that they really exist, since in case the employer can not

prove that he is actually in those conditions the contract is

considered to be without term.

The term contract, whether certain or uncertain, is subject to the

written form and must be signed by both parties and contain the

following information:

a) Name or denomination and residence or seat of the contractors;

b) Professional category or adjusted functions and remuneration of

the worker;

c) Place and working hours;

d) Date of beginning of work;

e) Stipulated period with indication of the justification or, in the case

of contracts with uncertain term, of the activity, task or work whose

execution justifies its conclusion or the name of the replaced worker;

f) Date of conclusion.

In the absence of the reference required by point (d), the contract

shall be deemed to have commenced on the date of its conclusion.

The term contract shall be deemed to be a contract in which the

written reduction, the signature of the parties, the name or

denomination, and the references required in paragraphs e) or in

paragraphs d) and f) of the same paragraph.

The statement of the grounds justifying the conclusion of the

contract must specifically mention the facts and circumstances of

that plea, otherwise it would be unacceptable.

When it is not reduced to the written form or when the reason is not

possible the contract is considered without term.

Obligations resulting from the admission of full-time workers

The employer is required to notify the workers' committee within five

working days of the admission of workers under a fixed-term

employment contract.

Full-time workers are included, according to a calculation based on

the average of the previous calendar year, in the total number of 5

employees of the company to determine the social obligations linked

to the number of employees.

Duration and Renewal

The stipulation of the term must be expressly stated in the contract.

In the case of a forward contract subject to renewal, it may not be

performed more than twice and the duration of the contract shall be

limited in such situation for three consecutive years. In cases of

launching a new activity of uncertain duration, as well as the start of

work of a company or establishment, the duration of the contract,

whether renewal, may not exceed two years. It is considered as a

single contract that is subject to renewal. The contract expires at the

end of the stipulated period provided that the employer notifies the

employee up to eight days before the deadline expires, in writing,

the will to not renew it. The lack of communication referred to in the

previous number implies the renewal of the contract for a period

equal to the initial term.

The expiration of the contract gives the employee the right to

compensation corresponding to two days of basic remuneration for

each full month of duration, calculated according to the formula:

(rmhg = rmmg x 12 months / 52 weeks xn), (rmhg = minimum

remuneration hours).

The termination, for reasons not attributable to the employee, of a

contract of fixed term work that has lasted more than twelve months

prevents a new admission, to term or uncertain, for the same job

before three months have elapsed.

The contract becomes an unlimited contract if the periods of

duration fixed in accordance with the above provisions are exceeded,

counting the seniority of the employee from the beginning of the

work.

Preference at admission

Until the expiration of the respective contract, the employee has,

under equal conditions, a preference in the transition to the

permanent staff, whenever the employing entity carries out external

recruitment for the exercise, on a permanent basis, of functions

identical to those for which he was hired.

Violation of this preference obliges the employer to pay the

employee compensation corresponding to half a month of basic

remuneration.

Holiday

Here holidays vary as the contracts last: for those contracts where

the duration is less than one year, initial or renewed, the holiday 6

period is 2 days for each month of work. For those forward contracts

that exceed one year, the holiday period is the same as for contracts

with no deadlines, that is, 22 working days.

Cessation

Term contracts apply the general provisions on termination of

employment (see just cause and termination in employment

contracts), with the changes in the following numbers:

1- If the termination is declared unlawful, the employer will be

condemned:

a) The payment of the amount corresponding to the amount of the

remunerations that the employee no longer benefits from the date of

dismissal until the term certain or uncertain of the contract, or until

the date of the sentence, if that term occurs later;

b) The reintegration of the worker, without prejudice to his category,

if the term of the contract occurs after the sentence.

2 - The amount calculated in accordance with paragraph a) of the

preceding paragraph shall be deducted the amount of the amounts

related to earned income of the worker in activities initiated after the

termination of the contract.

3 - In case of termination with just cause on the initiative of the

employee, the employee is entitled to compensation corresponding

to one and a half months of basic remuneration for each year of

seniority or fraction, up to the limit of the basic remuneration.

4 - In case of termination without just cause on the initiative of the

employee, the employer must notify the employer at least 30 days in

advance if the contract has a duration of 6 months or more, or 15

days, if the duration is shorter.

5 - If the employee does not comply, in whole or in part, with the

notice period resulting from the one established in the previous

number, he will pay to the employer, as compensation, the value of

the basic remuneration corresponding to the notice period in default.

6 - In the case of fixed term contracts, for the calculation of the

notice period referred to in No. 5, the actual duration of the contract

shall be considered.

AGREEMENT WITH UNCERTAIN TERM - CONTRATO A TERMO INCERTO

It is permissible to conclude a contract of indefinite term work in the

following situations:

a) Temporary substitution of a worker who, for any reason, is

prevented from providing service or in relation to whom an appraisal

7

of the lawfulness of dismissal is pending in court;

b) Seasonal activities;

(c) the execution, supervision and supervision of civil works, public

works, industrial assemblies and repairs, including their projects,

other complementary control and monitoring activities, as well as

other works of a similar nature and temporality, both under contract

and of direct administration;

d) Development of projects, including design, research, management

and supervision, not included in the current activity of the employer;

Duration

The uncertain term contract lasts for as long as necessary the

replacement of the absent worker or the conclusion of the activity,

task or work whose execution justifies its conclusion.

Expiry

The contract expires when, in anticipation of the occurrence of the

event referred to in the previous article, the employer notifies the

employee of the termination of the contract, at least 7, 30 or 60 days

in advance, as the contract lasted up to six months to two years or

for a longer period. In the case of situations that give rise to the

hiring of several workers, the communication referred to in the

previous number shall be made, successively, from the verification of

the gradual decrease of the respective occupation, because of the

normal reduction of the activity, task or for which they were hired.

Failure to comply with the notice referred to in point 1 shall result in

the employer having to pay the remuneration corresponding to the

period of notice of default.

The termination of the contract gives the employee the right to

compensation corresponding to two days of basic remuneration for

each full month of duration, calculated according to the formula:

rmhg = (rmmg x 12 months): (52 weeks x n)

Subtitle:

rmhg = guaranteed minimum hourly compensation.

rmmg = guaranteed minimum monthly remuneration.

n = normal w