A quiet and discrete revolution in the Portuguese courts

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Subtitle: The twilight of the employment contract?
Author list: Carvalho, S.
Publisher: Bucharest University of Economic Studies
Publication year: 2018
Journal: Juridical Tribune (2247-7195)
Volume number: 8
Issue number: 1
Start page: 221
End page: 241
Number of pages: 21
ISSN: 2247-7195
eISSN: 2248-0382
Languages: English-Great Britain (EN-GB)


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.


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Last updated on 2019-10-08 at 00:16