Contratação coletiva para lá da subordinação

: conciliação do direito à contratação coletiva com o direito da concorrência

Abstract

This thesis addresses the issue of collective bargaining by self-employed workers and how it can be reconciled with competition law. To this end, the study begins by framing the challenge of reconciling collective bargaining rights and competition rules, examining the most relevant case law of the Court of Justice and explaining the exemption created under competition law for collective bargaining. Next, the analysis focuses on the concept of ‘worker’ under EU law, in order to clarify which individuals may benefit from this exemption. Concluding that EU law classifies workers into only two categories, one linked to subordination and the other encompassing all remaining workers, the study highlights the difficulties this binary approach creates in protecting certain vulnerable self-employed workers. It also notes the trend in some Member States, including Portugal, toward recognizing intermediate categories of workers. The dissertation then explores doctrinal arguments and the European Commission’s efforts to harmonize collective bargaining for self-employed workers with competition law, particularly through its Guidelines on this matter. Finally, it examines the national dimension of this issue in Portugal, focusing on changes introduced by a recent alteration of its labour laws, which enshrines collective bargaining rights for self-employed workers.

Date of Award	21 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Teresa Ribeiro (Supervisor)