Labor and Employment Law
This edition of the European Employment Law Update is perhaps one of the most innovative editions that have been published in recent years. In fact, some of the regulations analyzed in this guide seemed impossible to apply just a few years ago.
Law no. 18/2021, of April 8, was published in the official gazette, introducing amendments to the applicable regime in case of Transfer of Undertaking (Protecting of Employment), or parts of undertaking that constitute an economic entity (TUPE).
It has been published in the official gazette the Law no. 16/2021, of 7 April, which introduces amendments to and updates the rules regarding exceptional aid for families outside the periods of school interruption, provided for in Decree-Law no. 8-B/2021, of 22 January and in Decree-Law no. 10-A/2020, of March 13.
The State Budget Law for 2021 created a special regime for payment of debts to Social Security in instalments applicable to debts that are not under an enforcement procedure.
As previously announced by the Government and notwithstanding the current "deconfinement" plan being executed, Decree-Law n.º 25-A/2021, March 30th, was published in the Portuguese Official Gazette (Diário da República), under which the exceptional and transitory work reorganization regime, governed by Decree-Law n.º 79-A/2020, October 1st, was extended.
Without prejudice to the “deconfinement” plan being carried out, taking into account the fragile economic and financial situation in which both employees and companies find themselves, Decree-Law n.º. 23-A/2021, March 24th was approved and published in Portuguese Official Gazette (“Diário da República”), which provides for the strengthening of the support measures, among which the following stand out:
Ordinance n.º 53/2021, March 10th, was published today in the Portuguese Official Gazette (“Diário da República”), which updates the normal retirement age for access to old-age pension of the Social Security system to 66 years and 7 months in 2022.
It was published in the official gazette the Decree-Law no. 14-B/2021, of 22 February, which expanded the exceptional financial aid for families due to the suspension of in person curricular and non-curricular activities to teleworkers and increased the amount to be paid to the beneficiaries and bear by Social Security.
As advanced by the Portuguese Government and in order to face the new demands of a general confinement, several legal diplomas were approved and published which resulted in (i) changes to supports already in force, and (ii) the introduction of new support.
It was published in the official gazette the Decree-Law no. 109-A/2020, of 31 December, ruling the increase of the minimum monthly wage to € 665,00, with effects from January 1, 2021, onwards.