This paper aims to analyse the legal enshrinement of the worker’s right of opposition, in the context of the transfer of the economic unit, as a form to inhibit the ope legis subrogation of the position of employer in his employment contract. By examining the regime, we seek to stress the importance of the requirements set by the legislator, as well as to heighten the difficulties in their pratical application given the legal burden that falls upon the worker. We also aim to question, namely, the instrumentality of the transferor and transferee’s duty to provide information, whose nonfulfillment or defective fulfilment might frustrate the exercise of the stated right. Lastly, we raise the issue of the “fate” of employment contracts upon the performance of this right, i.e. the maintenance of the employment relationship, particularly when the original employer can no longer guarantee a job position to the opposing worker.
|Date of Award||30 Jul 2020|
- Universidade Católica Portuguesa
|Supervisor||Milena Rouxinol (Supervisor)|
- Transfer of the economic unit
- Right of opposition
- Employment contract