Decreto-Lei n.º 380/78, de 05 de Dezembro de 1978
Decreto-Lei n.º 380/78 de 5 de Dezembro 1. A regulamentação por via administrativa das relações de trabalho constitui um sucedâneo da regulamentação convencional que a lei prevê para várias situações que se apresentam como limitações próprias da negociação colectiva. O primado da regulamentação colectiva convencional, que a lei afirma e a ordem jurídica internacional consagrou, impõe ao Governo que, ao intervir na regulamentação das relações de trabalho, tenha em atenção a diferença qualitativa das situações pelo que respeita à transitoriedade das limitações à negociação colectiva, bem como a responsabilidade das entidades intervenientes na negociação, sempre que não tenham obtido uma solução convencionada para o conjunto das matérias em litígio.
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Por outro lado, nos casos em que a intervenção administrativa seja justificada pela manifesta inviabilidade do processo de negociação colectiva efectuado, deve realizar-se com celeridade, atentos os períodos de tempo, em geral longos, despendidos naquele processo, para que o início da vigência da nova regulamentação se afaste o menos possível do termo do período mínimo de vigência da anterior.
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Aquando da elaboração do presente decreto-lei foi dado cumprimento ao disposto nos artigos 56.º e 58.º da Constituição da República Portuguesa.
Nestes termos: O Governo decreta, nos termos da...
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