Despedimento coletivo

: combate à sindicabilidade mínima ou reapreciação do procedimento vigente?

Abstract

The aim of this analysis is to discuss whether collective dismissal is, by its nature and complexity, a mechanism that cannot adequately protect the workers involved, or whether this reality is attainable, but simply not achieved in the Portuguese regulatory framework. To achieve this answer, we decided to split our dissertation into three structural pillars. A first one,that focuses on collective dismissal and its procedural aspects; a second one, which studies the judicial review of the dismissal decision; and a final one, that makes us reflect about the problems that may arise in practical reality. Our analysis will show that the intended solution does not involve extending the court's powers of cognition, since this solution would represent a violation of structuring principles and a step backwards in the "liberation" of collective dismissals, which some regulated legal systems, including the Portuguese, are trying to achieve.It should rather focus on the improvement of an incomplete and deficient regime, which does not do justice to the worker's legal rights to participation and information, and the under standing that it is the minimum judicial control that makes collective dismissal a poor or non-guaranteed mechanism should be set aside.

Date of Award	21 Nov 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Joana Vasconcelos (Supervisor)