The Scope of Representation of Trade Unions in Portugal: A New Reality?

Abstract

The recent Act no. 13/2023 (the so-called “Decent Work Agenda”) introduced several changes to the Portuguese Labour Code, and, among other things, it expressly allowed, for the first time in the Portuguese legal scene, the collective representation of autonomous workers (who are economically dependent). However, the terms in which this was achieved are dubious and may entail a different framing of the traditional tasks of trade unions in Portugal. In addition, union activity in the undertaking was reinforced, since it may now take place even in companies where there is no union presence. However, this new provision is ambiguous and requires a tactful interpretation, to ensure its compatibility with the constitutional parameter.

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