Law No. 55/2017 . D.R .NO. 136/2017. Series I Of 2017-07-17

Law no. 55/2017 published today, which will come into force on August 1, 2017, extends the scope of the special action to recognize the existence of employment contracts and the procedural mechanisms to combat false "green receipts" (used by the self-employed) to all forms of undeclared work, including false internships and false volunteering.

We note the main changes:

  • It is extended the material scope of the special action to recognize the existence of employment contracts to all cases where the relationship between the person providing an activity and other(s) who benefit from it has characteristics of an employment contract;
  • It is eliminated the preliminary court hearing and the trial immediately begins with the taking of evidence;
  • The ruling given in the judicial action of recognition of the existence of an employment contract is communicated by the Court of its own motion to the ACT and the Social Security Institute with a view to regularizing contributions from the date on which the employment relationship was established in such action;
  • Whenever the employee is dismissed between the date of notification to the employer of the Authority for Working Conditions' infraction notice and the date when the judicial decision becomes res judicata, the Public Prosecutor is now competent to bring of its own motion a preliminary injunction for the suspension of the dismissal, being sufficient that the Public Prosecutor is given notice of the dismissal, by any means.