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Regional Legislative Decree no. 5/2018/M - Diilrio da Repllblica no. 42/2018, Series I,
February 28, 2018
Amends the amount of the guaranteed minimum monthly income in force in the Autonomous Region of Madeira.
This Regional Legislative Decree determines the minimum monthly income applicable
henceforth in the Autonomous Region of Madeira at€ 592.00.
This Regional Legislative Decree took effect on January 1, 2018.
Law no.14/2018 • Diarlc da Repllblica no. 55/2018, Series I, March 19, 2018
Amends the legal framework applicable to the transfer of businesses or undertakings,
thereby amending the Labour Code for the thirteenth time.
For more detailed information on this topic, please refer to our Legal Flash on Employmcnr of
March 8, 2018.
II. National case law
Ruling by the Porto Court of Appeal, January 24, 2018
Work accident - Disqualification - Proof - Blood-Alcohol level
In this case, in March 2016, an employee working as a waiter was travelling home from work
on a motorcycle, along his usual route, and suffered a road accident, which proved to be
Subsequently, his heirs brought proceedings on the basis of a work accident against the
The insurer claimed that the accident should be disqualified as a work accident, since, at the
time at which it occurred, the victim was driving a motorcycle with a blood-alcohol
concentration of 1.89 g/J, which greatly impaired his sense of balance and reactions.
The Court of First Instance ruled that the accident was a work accident, since it had "occurred
along the usual route taken between his place of work and home, within the period of time generally
taken for this purpose and had caused him physical injuries with fatal consequences". The Court
pointed out that it was impossible to clearly ascertain whether or not the victim's state of
inebriation had contributed to the event "and, if it had, to what
The insurer lodged an appeal, claiming that the reason for the motorcyclist having fallen
from his vehicle had not been proved; therefore, no natural, unforeseen or external cause of
the accident had been demonstrated. Therefore, the insurer reiterated its claim for
disqualification on these grounds.
The Porto Court of Appeal began by clarifying that uforan accident to be considered a work
accident, three conditions should be met: a) the accident muse occur in rhe workplace or in the
;ourney to or from it; b} during working hours; c) and a cause-effect relationship should be
established between the event and the mjury".
had not been proved that the
accident occurred in the work context, by explaining that sufficient evidence had already
been provided. In fact, the issue potentially at stake was a different one: whether or not the
accident could be disqualified and thus, whether or not it was eligible for compensation.
The Court went on to refer to the insurer's claim that
With regard to its consideration of the claim for disqualification from a work accident, based
on the victim's blood-alcohol concentration, the Court noted that, although the victim's high
blood-alcohol concentration impaired his concentration and reactions, the required cause
effect relationship between his state of inebriation and the accident occurring had not been
proved - the burden of which lays with the insurer. Hence, contrary to the insurer's claim, a
legal presumption could not be invoked to establish the said cause-effect relationship.
The Court of Appeal therefore rejected the appeal on these grounds and upheld the ruling
handed down by the Court of First Instance.
Ruling by the Porto Court of Appeal, January 24, 2018
Work Accident - Breach of Security Rules
This case also concerned legal proceedings involving a work accident, albeit in different
The victim was working on a road re-surfacing project and, whilst taking a machine to the
place where he thought it would be loaded on to a transporter lorry, he fell along with the
machine down a ravine running adjacent to the road he was walking along and died from his
The victim's heir brought legal proceedings based on the claim that "the accident occurred as a
result of the machine not having any protective structure to prevent overturnmg or pieces of
equipmentfromfallingn and that the employer had not provided the victim �with any training in
rhe activity being undertaken at the time when the accident occurred".
The employer alleged that the victim had not been instructed to handle the machine in
question, and that this machine was in full compliance with safety rules.
The Court of First Instance dismissed the case.
The victim's heir lodged an appeal before the Porto Court of Appeal, claiming that the
evidence had not been properly assessed and that the requirements foreseen in Article 18 of
Law no. 98/2009, of September 4, to determine aggravated liability on the part of the
employer, had been met.
The Court of Appeal ruled that the material facts of the case did not enable a cause-effect
relationship to be established between the breach of any safety rules and the accident itself.
Therefore, and given that the culpability of the employer had not been demonstrated, the
Porto Court of Appeal upheld the lower court's decision and acquitted the employer from the
Cuatrecasas, Gom;alves Pereira & Associados,
Sociedade de Advogados, SP,
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