Law nr. 27/2014, of May 8 was published today in the Official Gazette, amending articles 368 and 375 of the Portuguese Labour Code (Law nr. 7/2009, February 12), on the dismissals due to the extinction of the working position and to the unsuitability of the employee.
The law amended the criteria for the selection of the employees, which besides being relevant and non discriminatory, should also respect the following order:
- Worst performance evaluation, with parameters known in advance by the employee;
- Lower academic and professional qualifications;
- Higher costs/burdens of maintenance of the employment relationship;
- Lower job experience;
- Lower seniority in the company.
Returning to the legal regime prior to the amendments introduced by Law nr. 23/2012, of June 25, it is once again considered that the maintenance of the working relationship is practically impossible when the employer does not have another working position compatible with the professional category of the employee.
Regarding the dismissal related to the unsuitability of the employee the requirement of the absence in the company of another working position available and compatible with the professional category of the employee to carry out this type of dismissal, established in the previous regime, was also re established.
These amendments to the Labour Code will come into force on June 1, 2014