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Collective labour disputes, particularly those arising out of the signature or
amendment of a collective agreement, can be resolved by conciliation or with the
help of the mediation services of the Ministry responsible for the sector,
promoted at any time by agreement of the parties, or by one of the parties. If
mediation has been requested the mediator may consult each party separately to
the extent considered appropriate and practicable for reaching an agreement. The
parties must attend meetings convened by the mediator.
The right to strike is enshrined in the Constitution, and workers are
responsible for defining the scope of the interests to be defended by going on
strike. The decision to strike is taken by the trade union associations. Before
going on strike the trade union (or Workers’ Commission) must send a written
notice of strike (pré-aviso de greve) to the employer or employers’
association, and to the Ministry responsible for the area of employment, or must
publish the notice of strike in the mass media at least five days in advance.
Should the strike take place in an enterprise or establishment intended to meet
essential social needs, the notice must be issued at least ten days in advance
and a minimum service must be ensured.
Employers cannot take on new workers and/or enterprises contracted
specifically to replace or carry out tasks performed by the striking workers,
unless essential social needs or the services necessary for ensuring the safety
and maintenance of equipment and installations are not guaranteed.
The law prohibits any coercion, prejudice or discrimination against workers
on the grounds of whether they adhere to a strike or not. However, workers who
are on strike lose their entitlement to remuneration and are therefore released
from the duties of subordination and attendance. Social security entitlements
are not affected, and they cannot be placed at a disadvantage in counting length
of service.
Text last edited March 2008
Source: European Union
© European Communities, 1995-2009
Reproduction is authorised.
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