Employers must adopt a Code of Conduct

A new amendment to the Portuguese Labour code, introduced by Law nº 73/2017, of 16 August 2017, shall enter into force on the first of October of 2017.

The new amendment introduced new rules in respect of harassment at work place, aimed to reinforce the prevention on the practice of harassment at the work place, in the private and public sector.

We remind you that harassment is defined by Portuguese law as, “the undesired behaviour, in particular based in discrimination factors, practiced during the provision of the work or at work, professional training or labour, with the purpose or causing the effect of disturbing or embarrass the person, affect his/her dignity or create an intimidating, hostile, humiliating or destabilising environment.”, defined by article 29º of the Portuguese Labour Code.

Thereby, we would like to highlight the major changes to enter in force:

  • Obligation to adopt a code of conduct to prevent and avoid the harassment at the work place; this legal demand, is applied to all employers, public or private, which have seven or more employees, as mentioned on the amendment to article 127º of the Portuguese Labour Code.
  • Obligation to open a disciplinary procedure, whenever employers have knowledge of supposed situations of harassment; as mentioned on the amendment to article 127º of the Portuguese Labour Code.

Please note that the breach of any of these new obligations constitutes a misdemeanour punished by Portuguese law.

The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.