A quiet and discrete revolution in the Portuguese courts: The twilight of the employment contract?
Date
2018-03
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English
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Abstract
The distinction between an employment contract and a provision of services
contract is a recurring theme in the Portuguese courts, regularly associated with the use of
the provision of services contract to dissimulate an employment relationship under an
apparent self-employment rapport. The lawmaker, in order to fight the misuse of the
provision of services contract within an employment rapport, established, through Lei
63/2013, 27.08, updated by the Lei 55/2017, 17.07, an administrative procedure in article
15-A of Lei 107/2009, 14.09, and a special lawsuit to recognize the existence of an
employment contract, in article 186-K of the Código de Processo do Trabalho (Labour
Procedure Code- CPT), whenever there is a provision of activity with the characteristics of
an employment contract. The analysis of the most recent higher courts case law reveals a
clear trend to qualify rapports, whose legal nature is under analysis, as provision of
services contract, in a sense, paradoxically, contrary to the efforts made by the lawmaker.
In this paper, we therefore seek to scrutinize this incomprehensible favouring by the higher
courts of the provision of services contract, whose maintenance may lead in the future to an
inevitable weakening of the employment contract, damaging employees, Labour Law and
Society.
Keywords
Labour contract, Provision of services contract, Case law, Labour law
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Journal article
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Citation
Carvalho, S. (2018). A quiet and discrete revolution in the Portuguese courts: the twilight of the employment contract?. Juridical Tribune, 8(1), 221-241. Disponível no Repositório UPT, http://hdl.handle.net/11328/2128
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Open Access