Secretary of State Miguel Cabrita (Miguel Cabrita) said: “We are still studying the verdict in depth in order to have absolute security and legal certainty about how to proceed.”
The government today admitted to amending the labor law to clarify that the extension of the probation period will not apply to those who are looking for their first job and have been hired on a regular basis, thus adapting to the decision of the Constitutional Court.
Deputy Secretary of State and Labor Miguel Cabrita reacts to the decision of the Constitutional Court (TC) in a statement to Lusa BE, PCP and PEV, September 2019.
TC approved the extension of the probation period for finding the first job and the long-term unemployed from 90 days to 180 days, but considers that the extension of the probation period applicable to people looking for the first job is unconstitutional and has been on a fixed-term basis. Hire. In the same event, at least 90 days.
Miguel Cabrita said: “Obviously, the government fully and strictly respects the decision of the Constitutional Court (…) is evaluating what is necessary in order to be able to accommodate this understanding in legislation.”
For the Secretary of State, with this decision, the court declared that the three rules under consideration were constitutional and “verified the government’s understanding since 2018”, one on the extension of the trial period and the other on the very short-term The contract and the collective contract expire.
Miguel Cabrita emphasized that the unconstitutional declaration “only addresses a very specific case”, that is, in the same event, the probation period is extended to those who are looking for the first job and have signed a fixed-term contract of 90 days or more. worker.
The government official emphasized: “Only in these circumstances, this constitutional extension of the trial period should not be applied.”
Miguel Cabrita added that this issue was “not even directly raised in the inspection request submitted by the representative to the TC in 2019”, but “the court believed that based on its understanding, the issue should be clarified”.
He said: “We are still studying the judgment in depth in order to have absolute security and legal certainty on how to proceed.”
On Monday, TC announced that “it has decided to declare that the extension of the probation period to 180 days is unconstitutional and universally mandatory. Some of it involves workers who are looking for their first job, when it applies to previous employment by other employers for violation of the principle of equality , Workers whose duration is equal to or greater than 90 days”.
This is the only rule recognized by the judge that is considered unconstitutional.
The extension of the trial period for the long-term unemployed from 90 days to 180 days is considered constitutional, because the judge’s belief that “violation of the principle of proportionality and equality” has not been confirmed.
Regarding the ultra-short-term contracts that are no longer confined to the tourism and agricultural sectors as the legislation changes, “the Constitutional Court decided not to declare the rule unconstitutional and does not consider the violation of the principle of proportionality and equality.”
Regarding the statute of limitations, the Constitutional Court understands that “in view of the provisions of Article 56, paragraphs 3 and 4 of the Constitution, legislators can freely regulate the matters involved without having to touch the core of rights. Collective bargaining”.