Brief Description of Employees’ and Employers’ Associations
Trade unions are recognised in Portuguese Law and its respective regime but are primarily governed by the Portuguese Republic Constitution and by the Labour Code.
Portuguese law recognises each employee the right to affiliation, which means they may become a member and leave any trade union. Portuguese trade unions cover almost all existing professional activities.
Trade unions and employers’ associations are governed by statutes and regulations approved within the organisation, and members of the governing bodies are freely and democratically elected. An employer who unjustifiably prevents the exercise of the right provided for in the previous paragraphs commits a very serious administrative offence, punishable from EUR 2,040 to EUR 61,200.
Rights and Importance of Trade Unions
Employees have the right to join unions and similar organisations to protect and advance their social and professional interests. These organisations include unions, federations, leagues, and confederations.
Trade unions are entitled to develop their activity within the premises of employers, namely through union delegates, union committees and inter-union committees.
Employers are legally prevented from interfering with union activities, even with the purpose of promoting, supporting or financing trade unions.
Types of Representation
Unions are entitled, among others, to negotiate collective labour agreements, render economic or social services to their members, participate in the preparation of labour legislation, initiate and intervene in legal and administrative proceedings concerning the interests of their members, take part in undertaking restructuring processes, establish relationships or membership in international union associations.
Number of Representatives
The number of union representatives a trade union can appoint within the same company is based on the number of the company’s employees.
- Less than 50 employees: 1 member
- 50 to 99 employees: 2 members
- 100 to 199 employees: 3 members
- 200 to 499 employees: 6 members
- More than 500 employees: number of members is the result of the formula 6 + [(n − 500) ÷ 200], where n is the number of unionised employees
Appointment of Representatives
Union representatives are elected and removed from office in accordance with the by-laws of the relevant trade union, by direct and secret ballot. Trade union committees may be set up at company or establishment level, as well as inter-union committees, bringing together representatives of the unions affiliated with a confederation. The trade union’s governing body (direcção) must notify the employer in writing of the identity of each union representative, as well as of those who are members of a union or inter-union committee. The same notification requirement applies in case of removal from office or cessation of functions. An employee’s status as union representative towards the employer therefore depends on this notification by the union, rather than on any recognition or acceptance by the employer.
Tasks and Obligations of Representatives
The tasks and obligations of union representatives and members of Works Councils are similar and, in many circumstances, overlap.
Their tasks and duties mainly involve:
- information and consultation rights on various labour-related issues, such as redundancies or restructuring measures
- the right to be informed and be consulted during disciplinary procedures involving union-represented employees
- participation in redundancy processes
Unlike Works Council representatives, union representatives may also take part in negotiating collective bargaining agreements.
Employees’ Representation in Management
Employees’ representation in management is assured by the obligation that the employer has to consult the employees’ representative bodies in a number of matters that concern the management of the company.
Employees’ councils have the right to meet, at least once a month, with the management body of the company to assess issues related to the exercise of their rights.
Other Types of Employee Representative Bodies
For purposes of collective defence and pursuit of their rights and interests, the employees can create workers´ councils/committees and sub-committees and take part in European work councils. In each undertaking, employees have the right to create a workers’ committee to defend their interests, exercise consultation and information rights and other legally foreseen interests.
The maximum number of employee representatives within the committees depends on the number of employees employed within the undertaking at a certain time:
- 2 members in entities with fewer than 50 employees;
- 3 members in undertakings with 50 or more employees and fewer than 200;
- 3 to 5 members in large undertakings with between 201 and 500 employees;
- 5 to 7 members in large undertakings with between 501 and 1,000 employees; and
- 7 to 11 members in large undertakings with more than 1,000 employees.
