Compensation in case of misclassification of self-employment relationship
5 August 2024
In cases where the subordinate nature of the employment relationship is established, the indemnification regime under Article 32 of Law No. 183/2010 does not apply, but the ordinary compensation regime does. In the case at hand, a journalist whose employment relationship had ended after he had been employed as a self-employee by a newspaper, with […]The CJEU on a different term to challenge the dismissal of pregnant employees
29 July 2024
The regulatory treatment of pregnant employees is a particularly sensitive issue in any jurisdiction. A recent case occurred in a similar scenario and requested the intervention of the Court of Justice of the EU, which, in ruling on German legislation, shared a principle of law potentially applicable to each member State. An employee hired by […]Limits of the repêchage duty in redundancy cases
18 July 2024
The repechage duty must be limited to lower duties compatible with the employee's skills, professional background and training at the time of dismissal. In the case at issue, some employees challenged the dismissal, complaining that it had not been pre-ceded by an assessment of their possible repêchage, meaning their assignment to a different job that […]The distribution of profits to employees through stock option plans
1 July 2024
An employer may reward its employees in cash or in kind, as well as allow them to access the company's profits. Of course, the employer must consistently implement said choice in compliance with the precise rules and strict processes above all when realised through stock granting or other securities. An employer often acknowledges its employees […]