Ombudsman requests constitutional review of some new Labour Code rules

The Ombudsman has submitted a request to the Constitutional Court for a declaration of unconstitutionality, with general binding force, of rules contained in Law no. 13/2023, of 3 April, which amended the Labour Code and related legislation “within the scope of the decent work agenda”.

The rules in question are those contained in Article 10(3) of the Labour Code, which grants certain labour providers the power to temporarily substitute themselves through third parties appointed by them, and Article 338-A(1) and (2), which prohibits and punishes the outsourcing of services to meet the needs of a worker whose contract has been terminated in the previous twelve months by collective redundancy or redundancy due to job extinction.

It is understood that the rules in question establish restrictions on the fundamental right of private economic initiative that do not fulfil the requirement of proportionality arising from Article 18 of the Constitution.

To read the request click here [in Portuguese only].