Information and Consultation

Employees' Representatives

- Workers' Councils -

The actual law No 99/2003 of 27 August that approves the Labour Code, in what concerns the regulamentation of the matter related to the Information and Consultation Rights of the employees' representative body at the company - Workers' Councils - remits to special legislation. However, this special legislation did not come into force yet, there is only a proposal. For that reason we think that it will be useful to present a comparative charter with the legal provision, before the labour code, and the proposal already presented but not yet approved.

Bill of regulamentation of the Labour Code

Law No 46/79 of 12 of September

Art. 349 No 1 Paragraph a):

Constitute right of the Workers' Council to receive all the information necessary to the fulfilment of its duties.

Art. 18 No 1 Paragraph a):

Constitute right of the Workers' Council to receive all the information necessary to the fulfilment of its duties.

INFORMATION

Art. 351:

The right to information covers the following matters:

  1. Activity General Plans and Budget;
  2. Production organisation and its implications in the use of the labour force and equipment;
  3. Stocks' situation;
  4. Prevision, volume and sales administration;
  5. Personnel management and establishment of its basic criteria, wages' volume and its distribution among the different professional grades, social benefits, minimum of productivity and absenteeism level;
  6. Accountancy situation of the company covering the balance, results and quarterly trial balance;
  7. Financing modalities;
  8. Fiscal specifications;
  9. Object and capital changing projects and reconversion projects of the company's production activity.

INFORMATION

Art. 23:

The right to information covers the following matters:

  1. Activity General Plans and Budget;
  2. Internal Regulations;
  3. Production organisation and its implications in the use of the labour force and equipment;
  4. Stocks' situation;
  5. Prevision, volume and sales administration;
  6. Personnel management and establishment of its basic criteria, wages' volume and its distribution among the different professional grades, social benefits, minimum of productivity and absenteeism level;
  7. Accountancy situation of the company covering the balance, results and quarterly trial balance;
  8. Financing modalities;
  9. Fiscal specifications;
  10. Object and capital changing projects and reconversion projects of the company's production activity.

INFORMATION GIVING

Art. 353

Members should request, in written, the information elements related to the matters above mentioned.

INFORMATION GIVING

Art. 25

Members should request, in written, the information elements related to the matters above mentioned.

CONSULTATION

Art. 352

Obligatoriness of Previous Opinion in the following matters:

  1. Elaboration of internal regulation;
  2. Modification of the base criteria of the professional and promotion classification;
  3. Definition and organisation of the work time to be applied to all or to part of the workers of the company;
  4. Elaboration of the vacations plans of the workers of the company;
  5. Change of the activity place of the company or establishment;
  6. Any measures from which result a substantial reduction of the number of workers of the company or the aggravation of the work conditions and also the decisions susceptible of developing substantial changes in the work organisation plan or in the labour contracts;
  7. Closure of the establishment or production lines;
  8. Dissolution or adjudication of insolvency of the company.

CONSULTATION

Art. 24

Obligatoriness of Previous Opinion in the following matters:

  1. Celebration of viability contracts or program contracts;
  2. Dissolution or adjudication of bankruptcy of the company;
  3. Closure of the establishment or production lines;
  4. Any measures from which result a substantial reduction of the human resources of the company or the aggravation of the work conditions;
  5. Establishment of an annual vacation plan of the company's employees;
  6. Change of the work time to be applied to all or to part of the workers of the company;
  7. Modification of the base criteria of the professional and promotion classification;
  8. Change of the activity place of the company or establishment;
  9. Approval of the statutes of the companies from the State Business sector and respective changes;
  10. Manager's nomination to the companies from the Sates Business sector.

MEETINGS

Art. 350

Discussion and analyse meetings, regularly, at least once a month.

MEETINGS

Art. 19

Discussion and analyse meetings, regularly, at least once a month.