Littler Global Guide - Portugal - Q3 2019

SUMMARY

The Decree-law no. 108/2019, of August 13, published in Diário da República, introduced amendments to the Retirement Statute and created the new early retirement scheme. This decree-law reviews the early retirement scheme of the General Pension Fund’s (CGA) subscribers, bringing it closer to the general social security scheme.

 
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Amendments to the Retirement Statute and the New Early Retirement Scheme

New Legislation Enacted

Authors: Ricardo Grilo, Senior Associate and Gonçalo Machado dos Santos, Junior Associate - Garrigues Portugal SLP Sucursal

The Decree-law no. 108/2019, of August 13, published in Diário da República, introduced amendments to the Retirement Statute and created the new early retirement scheme. This decree-law reviews the early retirement scheme of the General Pension Fund’s (CGA) subscribers, bringing it closer to the general social security scheme. This decree-law takes effect from October 1, 2019. Among other changes, the new Decree-law addresses retirement for long contributive careers; contributory periods in other social security schemes; early retirement; and personal retirement age extension.

Employees’ Rights are Increased by the Parenting Protection Regime

New Legislation Enacted

Authors: Ricardo Grilo, Senior Associate and Gonçalo Machado dos Santos, Junior Associate - Garrigues Portugal SLP Sucursal

Laws no. 90/2019 and 93/2019, of September 4, were published in Diário da República, which introduced various amendments regarding the parenting protection regime, including: Creation of two new leaves (concerning assistance to children with cancer and travel to a hospital unit located outside the island of residence); extension of the initial parental leave (e.g., for child hospitalization and childbirth); amendments to paternity leave; extension of the adoption leave; creation of new leaves (including for travels between islands of pregnant, postpartum or lactating employees); and creation of new allowances under the social security system.

15th Amendment to the Labor Code and Contributory Code

New Legislation Enacted

Authors: Ricardo Grilo, Senior Associate and Gonçalo Machado dos Santos, Junior Associate - Garrigues Portugal SLP Sucursal

Law no. 93/2019, of September 4, was published in Diário da República, which introduced changes to the Labor Code and its Regulation, as well as to the Code of Contributory Regimes of the Social Security Social Security System and its Regulation. The amendments to the Labor Code address various provisions, including: Trial periods; fixed-term contracts; additional contribution by excessive turnover; very short term employment contracts; intermittent work; temporary work; hour bank; termination of the employment contract; and employees’ rights. The new law enters into force on October 1, 2019.




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