Friday, December 2, 2016

Fixed-term contracts will change, ensures Government. But when? – TVI24

it Was just in February that the minister of Labour, Vieira da Silva, said that the Government wanted to limit the duration of fixed-term contracts later this year. Until now this has not happened and it will not be in 2016, but the governor returned to say that the goal is still standing. The reduction of maximum duration, which is three years old, is still being evaluated.

we Have to find the best balance. A fixed term contract may not be a way to extend the trial period – that according to the law can be 90 or 180 days. The trial period are not three years. (…) There are the phenomena, [and seasonality, and others] that remain, another case is the generalization of this type of work.”

The Labour Code stipulates that fixed-term contracts can be renewed up to three times, not to exceed three years in most cases. After that, usually or people come to the boards or dismissed.

Advocating that these changes should not be made hastily, so the “case by case basis, or by” impulse”, why does it matter, yes, that “solifiquem”, the minister admitted that the law “can be improved”, but that you understand that the fundamental problem becomes how employers use (or abuse) of this type of employment relationship.

On whether that may change, said the reduction of the criteria that justify the use of futures contracts, as well as the limitation of the duration of these contracts are “two possible dimensions". The changes may also pass by "incentives". Was referring, here, to the differentiation of the unique social tax, to penalise companies that make use of fixed-term contracts with a higher rate.

Typically the best solutions are those that combine several forms of action, are the most effective (…). It is possible that the question of duration may be evaluated”.

The minister reminded that the rules that define limits on the duration of fixed-term contracts has undergone changes in recent years.

The phase of” technical evaluation of the market of work” has already been completed, the stage the course is “proposals”. “But I believe that at the beginning of 2017 there will be an acceleration of this process of discussion on social dialogue", as well as the political level. "The measures must be produced with the greatest possible consensus" defended.

Vieira da Silva responded as well to the journalists, after having said at the II European Congress of employment Law at the Universidade Nova, in Lisbon, that the term contracts should not be used to extend the period of work experience.

he also Emphasised that the “highest expression" of the individualization of labour relations was "the devaluation of collective bargaining" and Portugal experienced a "precipitous drop" in the size of the negotiation of collective contracts.

"Now we are to recover": the negotiation of contracts, collective bargaining for renewal of the same, which was to last 12 to 24 months, has spent the last 40 and such months.

there is, however, convinced that the "dynamics of collective bargaining password, mainly, by changes in legislation”.

I am convinced, naturally fallible, that it is necessary for an expression of will of the partners, and the Government should help them to stimulate, but it takes a willingness of the partners to revitalise collective bargaining".

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