Collective Bargaining Agreement In Portuguese

According to the General Confederation of Portuguese Workers (ConfederaA§A.o Geral de Trabalhadores Portugueses, CGTP), whose affiliated unions have greater influence on manufacturing, bonus schemes can have negative effects in several respects, for example. B by increasing workers` dependence on the employer; they increase working time and reduce occupational safety and health; they reduce social security contributions; and they can threaten the rights of the mother and parents. The CGTP maintains that bonus systems should be regulated through collective bargaining in order to avoid their negative effects. Objective parameters for performance evaluation should be available, while the employee should have the right to disagree with the evaluation carried out. Regardless of the agreement between the worker and the employer, workers are entitled to leave of at least 10 consecutive working days. Portugal has a national minimum wage that is normally increased every year in January. In the past, it has generally increased in line with expected inflation, but under an agreement reached in 2006 under the tripartite CPCS, it was agreed that it would increase more rapidly between 2007 and 2011. However, in January 2011, it increased by only 2.1% due to the Portuguese financial crisis, compared to 5.6% or 5.7% in the previous three years, and it was not increased at all in 2012. The “survival time” of the collective agreement (i.e. the period during which the collective agreement will remain in force after a possible termination), the ceiling of which was 18 months, can now be increased to an additional 4 months by a specific arbitration procedure that must be requested by one of the parties (this modification depends on the entry into force of the legislation governing the case). This decline in sectoral negotiations was not offset by growth in negotiations at the company level. Indeed, these figures have also decreased. In 2010, there were 64 operating contracts for 33,300 employees.

This fell to 55 agreements with 24,100 in 2011 and 40 agreements with 9,900 employees in 2012. The same trend is to be seen for agreements that involve several companies, but not an entire industry. These have increased from 25 employing 64,500 people in 2010 to 22 with 52,700 in 2011 and 9 with 26,600 employees in 2012. Portugal`s minimum wage is calculated on the basis of a monthly flat rate. The national minimum wage in Portugal in 2018 is €580 per month (based on 14 payments per year). For certain professions and professions, the minimum wage may be agreed by collective agreements, which could not, however, provide for an amount lower than the minimum wage set by the government. The new rules published at the end of October 2012 state that agreements can only be renewed beyond the signatory parties if at least one trade union and one employers` organisation so request and that the signatory employers` organisations must employ more than half of all workers in the sector concerned4. The past is the most important element of Portuguese collective bargaining….

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