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Portugal

COUNTRY OVERVIEW

There is no employee board-level representation in Portugal, although the constitution theoretically provides for it in publicly-owned companies. The transposition of the directive was delayed by a change of government in Portugal and both unions and employers had criticisms of the initial draft legislation. However, there was no widespread public debate.

For further information on the SE legislation, such as the choice of SNB members, click on the more button.

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Amendment of Portuguese legislation on European Companies (March 2006) portugal_transpositionamendment.pdf 29,49 kB

On 29 March 2006 Decree-Law n.º 76-A/2006 was published, a huge reform package aimed at improving company law and reducing bureaucracy. It will come into force on 30 June 2006. Overall, 32 statutes were affected. Amongst them was the Portuguese transposition of the SE Statute, the legal regime of European Companies. Report by Philippe Lafontaine.

Transposition of the SE legislation in Portugal (Update: February 2006) portugaltranspositionseeuropefeb2006.pdf 75,88 kB

On 20 October 2005, the Portuguese government transposed the Directive on workers' involvement in the SE by governmental decree. The new SEEurope report examines in detail the Portuguese transposition law with regard to the benchmarking points set-up in the first SE checklist prepared by ETUI and UNI Europa. Report by Philippe Lafontaine.

Transposition of the SE legislation in Portugal (Update: March 2005)

Landslide Victory for the Opposition in General Election May Postpone Transposition: European Council Regulation (EC) No. 2157/2001 of 8 October 2001 on the Statute for a European Company (SE) has been transposed into Portuguese national legislation by Decree-Law n.º 2/2005 (4 January 2005). Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European Company with regard to the involvement of employees has not been transposed yet. In October 2004 the project for the transposition of this Council Directive was published in the Official Journal of the Labour Ministry, passed through the process of public evaluation and was ready to be promulgated by government decision (Decree-Law voted by the government). However, in November 2004 the President of the Portuguese Republic decreed the dissolution of the Parliament, and at the beginning of December the conservative government stepped down. Elections on 20 February 2005 brought a landslide victory for the Socialist Party (PS): for the first time in its history the PS won an absolute majority. The new government, led by PM José Sócrates, took office on 12 March 2005. ring the transition period between November 2004 and March 2005 the conservative government did not pass the Decree-Law transposing the Council Directive on workers’ involvement. Thus, the new Socialist government will have to decide whether to pass the Decree-Law as it was prepared by its predecessor or to make some amendments.

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Transposition of the SE legislation in Portugal (Update: January 2005)

Tripartite Negotiations on the Transposition Bill Delayed Due to Fall of Government: On 20 October 2004, the Portuguese Labour Ministry published a bill (projeto de decreto-lei) for the transposition of Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European Company with regard to employee involvement. The Ministry initiated a process of “public discussion” of the bill, which is an obligatory part of the labour legislation process. The period of public discussion finished at the end of November 2004.

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Transposition of the SE legislation in Portugal (Report: July 2004)

The rules on information, consultation and participation of workers as defined in the Directive differ positively from existing Portuguese law on these issues. According to experts, the procedures and content of information and consultation rights are defined more concretely than in Portuguese legislation. Furthermore, Portuguese law guarantees workers’ participation at the level of governing boards only in state-owned companies. Transposition of the Directive would for the first time introduce legislation on participation in private companies.

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Translated transposition laws 

The full text of the transposition laws and (for most countries) unofficial translations into English can be downloaded from the EU Commission website

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Lionel Fulton (2006) Anchoring the European Company in national law