Reform of the Labor Code in Portugal
Criteria for presuming an employment relationship in platform work in Portugal
Photo Alexandre Rotenberg
In April 2023, the Portuguese Parliament published the reform of the Portuguese Labor Code. Among the changes is the inclusion of Article 12-A, which establishes the presumption of employment in jobs managed by digital platforms, guided by the verification of some of the following characteristics:
- The digital platform determines the remuneration for the work performed or establishes its maximum and minimum limits;
- The digital platform exercises management authority or stipulates rules on how workers should present themselves and behave in front of service recipients, or regarding the performance of work;
- The digital platform controls and supervises the provision of the activity, including in real time, or verifies the quality of the activity provided, namely through electronic means or algorithmic management;
- The digital platform restricts the autonomy of the service provider in terms of work organization, especially with regard to choosing working hours or periods of absence, as well as their ability to accept or refuse tasks, use subcontractors or substitutes, through the application of sanctions, and choose clients or provide services to third parties via the platform;
- The digital platform exercises labor powers over the service provider, namely disciplinary power, including the exclusion of future activities on the platform by deactivating the account; and
- The digital platform owns the equipment and work tools used or operates them under a lease agreement.