In the field of labor Law, the general principle of the prohibition of transfer of workers prevails. It is seen as an attack to the fundamental principle that the labor relationship is personal and that the worker is not a commodity, being admissible only in exceptional cases, occasionally and temporarily. For the purposes of this dissertation, is relevant the general configuration and analysis of the entire institute of occasional assignment of workers. The dissertation will explore the uncertainties, imperfections and obscurities of the respective legal regime, as well as the potential solutions that may ensure an adequate legal protection of the values concerned. Moreover, although this legal institute is a departure from the traditional employment contract, it is an important tool for inter-company mobility with numerous advantages identified in our work, which justifies an investigation aimed at assessing whether the scope of the assignment has expansive potential to other realities, without implying unreasonable use of the figure and in circumvention of the law.
|Date of Award
|12 Jan 2021
- Universidade Católica Portuguesa
|Catarina de Oliveira Carvalho (Supervisor)