In this respect, in addition to the information already mentioned in Article 106 of the Labour Code, it is mandatory to inform employees of the following relevant aspects of labour activity
(i) the applicable collective labour relation instrument, if any, and the designation of the respective contracting entities,
(ii) the duration and conditions of the trial period, if applicable,
(iii) the amount, periodicity and method of payment of the retribution, including the breakdown of its constituent elements,
(iv) the normal daily and weekly working period, specifying the cases in which it is defined in average terms, as well as the applicable regime in case of overtime and shift organisation
(v) the individual right to professional training,
(vi) social protection regimes, including benefits complementary or substitutive to those provided by the general social security regime, and
(vii) the parameters, criteria, rules and instructions on which algorithms or other artificial intelligence systems that affect decision-making on access to and maintenance of employment are based, as well as working conditions, including profiling and monitoring of professional activity.
The information listed above must be provided up to the 7th day after the beginning of the employment contract and the other information within one month from the beginning of the contract, in writing or in electronic format.
The employer must keep the proof of the communication or receipt of the information contained in the documents referred to.
Considering the amendments referred to above, namely regarding the duty to provide information, employers must:
(i) update the draft of the employment contracts and
(ii) provide all information on relevant aspects of the work activity, to current employees.
For legal assistance on labour law, or any other employment-related matter, please contact the Employment Law Department at Belzuz Abogados, S.L.P. - Sucursal em Portugal.
Belzuz Abogados SLP
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