A reforma por velhice e a idade do trabalhador

: entre a temporalização e a cessação do contrato

Abstract

Old-age retirement and the worker's age are particularly important in the context of employment contract expiration, as Article 348 of the Portuguese Labor Code states that once the worker reaches retirement or the age of 70, the contract is converted into a fixed term contract. Although seemingly straightforward, Article 348 requires interpretative considerations, such as determining its precise scope, assessing when the contract expires and examining the possibility of hiring ex novo a retired or 70-year-old worker under this regime. Furthermore, the ope legis conversion of the employment contract into a fixed-term contract for these types of workers raises concerns regarding compliance with the principle of equality and non-discrimination, which are ruled by European Union law and, consequently, Portuguese law.

Date of Award	25 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Milena Rouxinol (Supervisor)