WHAT TO EXPECT FROM THE NEW GENERAL LABOR LAW?

On May 25, 2023, one of the major phases of the process of approval of the New General Labor Law, hereinafter NLGT, took place. The National Assembly carried out a final global vote on the diploma, culminating in its approval.As a result, three questions may arise:1. What to expect from NLGT?2. What remains for the NLGT to come into force?3. How to be prepared for the NLGT?

In this article, we will provide the answers, highlighting some concrete aspects.

I. WHAT TO EXPECT FROM NLGT?

From reading the Joint Opinion Report resulting from discussions in the specialty, it is important to highlight the following changes:1. Moving the specific definitions, contained in article 3, to the place where the respective matter is regulated;2. Changing the number of paid days for Paternity Leave and adding another number;3. Addition of an article on the application of the NLGT over time.

A. ABOUT PATERNITY LEAVE

Contrary to the initial proposal, of 15 paid days, the period of Paternity Leave was reduced to 1 paid day, with the worker being able to take an additional 7 working days, calendar or interpolated, unpaid. In practical terms, the worker will be able to take 8 working days of Paternity Leave, only 1 of which will be paid. Workers who, in lieu of incapacity or death of their parents, are responsible for the care of a newborn, will be entitled to Paternity Leave, and must benefit from maternity allowance, in applicable cases, as established in the article.

B. ON THE TRANSITIONAL RULES RELATING TO THE APPLICATION OF THE NLGT IN TIME

As discussed in a previously published article by us[1], a standard entitled “Application of the law over time” was included, the content of which will be as follows:1. Fixed-term contracts, concluded in light of Law 7/15 of 15 June, are in force under the respective law until the date scheduled for their expiry.2. If on the date of expiry of the contract, the parties intend to renew the contract, it is considered renewed under the terms of this law.3. Renewal carried out under the terms of the previous paragraph does not affect the worker's acquired rights.With this rule, the legislator intended to reinforce the regime laid down in article 12 of the Civil Code. However, for the purposes of better precision of the text, we recommend a slight change to number 1, with the following wording: “Contracts for a fixed period, concluded in light of Law 7/15 of 15 June, are in force until the end of the period agreed by the parties.”With this slight change, we will avoid a problem that could result from the current wording. In other words, in the current wording, it is said that “Contracts for a fixed period, concluded in light of Law 7/15 June,are in force under the respective law (Law 7/15) until the date scheduled for the its expiry.” If the wording remains this way, previous contracts will not only continue with the term agreed by the parties, but also with the entire previous regime of the Law 7/15, that is, holidays, absences, compensation, etc., giving rise to a greater problem, in relation to that which would exist if the transitional regime was not established. In this sense, we recommend its slight amendment, within the scope of the Final Wording of the diploma, under the terms permitted by article 225 of Law no. 13/17 of 6 July, Rules of Procedure of the National Assembly.

II. WHAT IS LEFT FOR THE NLGT TO COME INTO FORCE?

We are getting closer and closer to having the NLGT available. However, after Final Global Approval, for it to come into force, the following phases and/or administrative procedures remain:1. Writing of the final text of the diploma, by the Board Secretariat, supported by the Committee or Specialized Working Committees competent in relation to the matter;2. Publication in the Gazette of the National Assembly;3. Signing of the definitive text by the President of the National Assembly and sending it to the President of the Republic for promulgation;4. Promulgation by the President of the Republic and forwarding to the National Press for publication in the Official Gazette;5. Publication in the Official Gazette by Imprensa Nacional.For the NLGT to come into force, it must comply with all the phases mentioned above. It is estimated that the NLGT will be published in June 2023. Furthermore, it is common, in legislation likely to create major changes, for there to be a kind of grace period, so that people become aware of the content of the new law. In the case of NLGT, a period of 90 (ninety) days was established. Therefore, it is possible that the NLGT will come into force in September, or perhaps October 2023.

III. HOW TO BE PREPARED FOR NLGT?As we already know, the NLGT is full of numerous changes, one of the most relevant of which is the change in the paradigm for establishing employment contracts, establishing contracts for an indefinite period as the rule. Therefore, it is important that professionals who operate with the respective diploma, as well as the entities to which it is intended, are prepare and learn about the new hiring rules and all the new established regimes. For this reason, the JM ADVOGADO office is organizing the Labor Conference under the motto: The New General Labor Law and its Applicability. This event is scheduled for July 27, 2023 and will bring together Specialists in Labor Law, Judicial and Public Prosecutor's Office Magistrates, Lawyers and Law Professors, thus providing a high-level approach to the definitive content of the NLGT.

If you want to know more, visit the link: www.jmadvogado.com/conferência

[1] See the article at the link: https://www.jmadvogado.com/post/entenda-o-que-vai-acontecer- Quando-a-nova-lei-geral-do-trabalho-entrar-em-vigor