A (ir)renunciabilidade dos créditos laborais

: o artigo 337.º n.º 3 da lei n.º 7/2009

Abstract

This work addresses the inadmissibility of waivers of rights in the context of labour relations. We began by setting out the court’s understanding of the issue. Afterwards, based on doctrinal positions, we tried to show that the impossibility of waiving labour credits stems from the imperative nature of the rules that establish them, as well, the disparity in negotiating capacity that exists between the employer and the employee, regardless of whether the legal agreement takes place after the termination of the legal-labour relationship. Lastly, we analysed an innovation introduced by Law no. 13/2023 of 3 April, Article 337(3) of the Labour Code, which now expressly establishes the impossibility of extinguishing employee's rights through waiver.

Date of Award	17 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Milena Rouxinol (Supervisor)