Responsibility of Employers – ACT (Labor Conditions Autorithy)
We decided to give a resume of mandatory and obligations regarding the Portuguese Labor Law because SoftKontrast have workers so there are more risk of inspections from ACT (Authority for Working Conditions) , so you should be into account this next points:
Time Book – Article 202 of the Labor Code
- Registration of the number of hours worked per worker per day, with indication of beginning and end (attached a draft accordance the portuguese law in english) – Time Book – Article 202 of the Labor Code (English)
- Work schedule map (work schedule map) is mandatory display during the opening hours. (We attached our example in eng) – Articles 215 and 216 of the Labor Code. (English)
- Vacation Map ( you can send to us the days of every worker for us to send that map because it should be posted in the office) – Mandatory permanent display between April 15th and October 31st. – Article 241.º nº9 of the Labor Code.
- Information regarding the rights and duties of workers in terms of equality and non-discrimination – Mandatory permanent affixation. – Article 24.º nº 4 of the Labor Code. (I’ve attached)
- Information regarding parenting rights – Mandatory permanent affixation.- Article 127.º nº 4 of the Labor Code.
- Legal provisions relating to the rights and obligations of the victim and those responsible – Mandatory permanent affixation. – Article 177.º nº 1 of Law nº 98/2009, of 4 September.
- Change of working hours (If such change lasts longer than one week.) – Posting 7 days in advance, or 3 days in the case of micro-enterprises. – Article 217.º nº 2 of the Labor Code.
- Rules of Procedure (In case it exists is mandatory affixation) – Article 99.º nº 3 of the Labor Code.
- Code of good conduct for preventing and combating harassment at work ( Companies with 7 or more workers) – Mandatory affixation during the term. – Article 127.º n.º 1 letter k) of the Labor Code. (I’ve attach)
- Use of electronic means of remote surveillance (If they exist for the purpose of protecting and securing people and goods or when particular requirements inherent to the nature of the activity so justify.) – Article 20.º nº 3 of the Labor Code.
- Adherence to the Work Compensation Fund (FCT) or equivalent mechanism (For contracts prior to May 1, 2023) – We have this information – Article 127.º nº 5 of the Labor Code.
- Single Report (Compulsory communication between March 16th and April 15th. Includes overtime work and fixed-term contracts.) – Ordinance No. 55/2010, of January 21st. (*)
- Denouncement of employment contract during the trial period of workers looking for their 1st job and long-term unemployed (only for this cases) – Article 114.º nº 6 of the Labor Code.
- Workers looking for their 1st job ( Communication to be sent to ACT within 15 days after termination of the contract. Failure to comply is a serious offence)
- Long-term unemployed ( Communication to be sent to ACT within 15 days after termination of the contract. Failure to comply is a serious offence)
- Complaint in trial period ( Communication to be sent to ACT within 15 days after termination of the contract. Failure to comply is a serious offence)
- Fatal or serious accident at work – Communication to be sent to ACT (Authority for Working Conditions) within 24 hours of the occurrence. (In case of: – fatal accidents or – Accident with serious physical injuries). – Article 111.º nº 1 of Law nº 102/2009, of 10 September.
- Authorization to reduce the worker’s professional category (Quando determine diminuição da retribuição) – Article 119 of the Labor Code.
- When dismissal decision due to job termination: –Article 371.º nº 3 of the Labor Code.
- Communication at least in advance, regarding the date of termination of the contract:
– 15 days, in the case of a worker with less than one year of service;
– 30 days, in the case of a worker with seniority equal to or greater than one year and less than five years;
– 60 days, in the case of a worker with seniority equal to or greater than five years and less than 10 years;
– 75 days, in the case of a worker with ten years or more.
- Communication at least in advance, regarding the date of termination of the contract:
- Home work communication (Whenever the situation arises) – Article 12.º n.º 3 of Law n.º 101/2009, of 8 September.
- Communication from work abroad ( Whenever the situation arises) – Article 8.º nº 2 of the Labor Code.
Compulsory reports to the Commission for Equality in Labor and Employment (CITE)
- Termination of the employment contract during the trial period (Whenever a pregnant, recently given birth or breastfeeding worker, a worker on parental leave or a caregiver worker is involved.) – Article 114 of the Labor Code.
- Reason for non-renewal of fixed-term employment contract (Whenever a pregnant, recently given birth or breastfeeding worker, a worker on parental leave or a caregiver worker is involved.) – Article 144 of the Labor Code.
- Worker Registration (Mandatory to be available and updated in each establishment.) – Article 127, paragraph 1, paragraph j) of the Labor Code. (We have this information on our salary software)
- Permanent employment contracts or Fixed-term employment contracts (It must always be available in a file) – Articles 140 and following of the Labor Code.
- Employment contracts of foreign citizens (It must always be available) – Article 5 of the Labor Code.
- Written information to workers on the conditions of the employment contract (It must always be available) – Article 106 of the Labor Code.
- Registration of recruitment processes carried out (It must always be available) – Art.º 32 1) of the Labor Code.
- Record of disciplinary sanctions (It must always be available) – Article 332 of the Labor Code.
- Formation plan – Article 130 of the Labor Code.
- Work accident policy, last paid receipt and declaration of remuneration to the Insurer – Article 79 of Decree-Law no. 98/2009 of 4 September.