Dos poderes do empregador nas relações de trabalho privadas

Abstract

Deriving from the employment contract, there is a distinctive legal relationship, characterized by a subjective binomial of legal subordination and power, which this thesis aims at analyzing. As a starting point, this paper addresses the need for rebalancing positions and aligning different interests while dealing with concepts both from law and management. Then, this research focus on the study of the main powers of the employer and, by opposing their doctrinal fundaments, such as the freedom of the company and organizational needs to the employment contract, new basis for their conciliation is sought. Furthermore, by assessing the relationships established between the powers of the employer themselves, this paper discusses their interdependence or autonomy. Acknowledging the risks entailed in the free exercise of employers’ powers, focus is brought into the need for establishing limits and boundaries that enable both the exercise of these powers and the protection of fundamental rights in employment relationships as a way of solving this collision between rights and subjective positions. Within this approach, many paths present themselves and several related themes, which would demand a more in-depth analysis, are mentioned. In conclusion, this study reveals that even when the powers of the employer are seen as autonomous, they are in constant interaction and often intersect with one another in various occasions in an employment relationship, which makes it unreasonable for them to be studied in an isolated way. The reasons that legitimize this authority position cannot be analyzed separately and require, therefore, a conciliatory approach capable of safeguarding the fundamental rights of both parties.

Date of Award	27 Oct 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Júlio Manuel Vieira Gomes (Supervisor)