## [New amendments introduced to the TUPE legal framework in Portugal](/pt/en_GB/new/new-amendments-introduced-tupe-legal-framework-portugal)
# New amendments introduced to the TUPE legal framework in Portugal
Portugal - 04 / 09 / 2021
Labor and Employment Law Alert Portugal
-
- [](https://www.linkedin.com/sharing/share-offsite/?url=https://www.garrigues.com/pt/en_GB/new/new-amendments-introduced-tupe-legal-framework-portugal)
- []()
- []()
Previous Next
**[Law no. 18/2021, of April 8](https://dre.pt/application/file/a/161056546), 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).**
**1. TUPE in case of execution of service providing contracts**
Portuguese Labor Code was amended to stress out that the transfer of undertaking (or part of undertaking that constitutes an economic unity) regime – with consequent transfer of the employer’s position in the employment contracts of the employees at stake – is applicable in case of tender procedures to execute service providing contracts.
The service providing contracts that constitute a transfer of undertaking (or part of undertaking) may come as a result of a public tender procedure or through any other procedure to select and execute service providing contracts, in public or private sectors, namely surveillance, food, cleaning or transport services.
In these cases TUPE regime prevails over any provision set forth in Collective Bargaining Agreements (CBA), except if the CBA’s provisions improve the legal conditions for the employees.
**2. Request for labor authorities participation in the procedure**
According to Portuguese law, both employer and employee representatives may request the participation of representatives of the Portuguese Labor Ministry (DGERT) in the negotiation meetings to be held between the parties.
The introduced amendments establish that such request must be instructed with the following elements:
- Transfer of undertaking date;
- Reasons for the transfer;
- Legal, economic and social consequences for the employees;
- Projected measures for the employees to be transferred;
- Content of the contract executed (or to be executed) between transferor and transferee.
**3. Entry into force**
These amendments come into on April 9, 2021. However, they are also applicable to public tenders or other procedures to select and execute service providing contracts, in public or private sectors, that are ongoing or were concluded during 2021, including those in which the final contract was already awarded.
[Labor](/pt/en_GB/tags/labor), [Portugal](/pt/en_GB/tags/portugal)
---
This publication is provided for information purposes only and does not constitute legal advice or advice of any other kind. It does not seek to offer a comprehensive summary of the legislation and developments to which it refers nor to cover all published material, but rather to provide an overview of selected topics. It is therefore recommended that the official texts be consulted and specific professional advice be sought. Garrigues does not accept any liability for the use made of this information and assumes no obligation to update it after publication.
---
### Contacts
[Rui Valente](/pt/en_GB/team/rui-valente)
[Contact]()
- +351 226 158 860
[Oporto](https://www.garrigues.com/pt/en_GB/office/oporto)
- +351 213 821 200
[Lisbon](https://www.garrigues.com/pt/en_GB/office/lisbon)
[André de Oliveira Correia](/pt/en_GB/team/andre-oliveira-correia)
[Contact]()
- +351 226 158 860
[Oporto](https://www.garrigues.com/pt/en_GB/office/oporto)
[Find more professionals](../team)
### Related services
- [Labor and Employment ](/pt/en_GB/services/labor-and-employment)
### Related offices
- - [Lisbon](/pt/en_GB/office/lisbon)
- [Oporto](/pt/en_GB/office/oporto)
## Find a publication
Select service Administrative and Constitutional Law Agribusiness and Food Automotive Banking and Finance Corporate and M&A Criminal Law and Internal Investigations Data Economy, Privacy and Cybersecurity Dispute Resolution: Litigation and Arbitration Energy EU and Antitrust Law Family Business Fashion Law Financial Regulation Human Capital Services Infrastructure Insurance Intellectual Property Labor and Employment Life Sciences and Healthcare Media and Entertainment Planning, Zoning and Environment Private Equity Real Estate Restructuring and Insolvency Securities Markets Sports Startups & Open innovation Sustainability Tax Technology, Communications and Digital Tourism and Hotels Transport, Logistics and Shipping Facet Services detail Facet Services detail
Select type of content Publications Newsletters Garrigues collection Laws: amendments at a glance News Facet Publication type detail Facet Publication type detail
Min
Max
## News search engine