FLASHLEGAL | Unconstitutionality of article 112, no. 1, b), iii) of the Labour Code (TC Judgement nr. 318/2021)

02 July 2021

in Diário da República n.º 126/2021, Série I de 2021-07-01

The alteration to the Labour Code undertaken by Law no. 93/2019, of 04/09 altered the wording of article 112, and now provides, in paragraph 1(b)(iii), that "[i]n employment contracts for an undetermined period of time, the trial period lasts (...) 180 days for workers who are seeking their first job or are long-term unemployed".

On the initiative of 35 Members of Parliament, a request was made for an abstract review of the constitutionality of that provision, as well as of article 142 and article 502(1)(b)(ii) of the Labour Code, requesting its consideration and declaration of unconstitutionality with general binding force.

Under the terms of Constitutional Court Ruling no. 318/2021, it was agreed that the aforementioned article 112(1)(b)(iii) of the Labour Code embodies a violation of the right to equality in relation to workers seeking their first job who have previously been contracted on a fixed-term basis by other employers for a period of 90 days or more, and the Constitutional Court declared its unconstitutionality with general mandatory force.

As regards the other precepts subject to review, no declaration of unconstitutionality has been rendered.

The result of this Ruling is that article 112(1)(b)(iii) of the Labour Code will cease to have legal validity on the grounds of its unconstitutionality.

Ruling of the Constitutional Court declared the unconstitutionality with general binding force of the rule contained in article 112, no. 1, paragraph b), subparagraph iii) of the Labour Code

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