Faltas ao trabalho

: uma mudança de paradigma?

Abstract

This dissertation analyzes the growing impact of absenteeism on labour law, highlighting the issue of justified and unjustified absences, its implications and the changes in the Labour Code (Código do Trabalho) in 2023. Furthermore, it concludes that health problems, both physical and psychological (stress and depression) are the main cause of absenteeism, affecting attendance and interpersonal relationships of workers. Unjustified absences require more drastic measures from employers, which may result in disciplinary consequences. While justified absences (explained in number 2 of articles 249.º of the Labour Code and 134.º of the General Labour Law in Public Functions) aim to reconcile professional and personal obligations. Therefore, the 2023 Labour Code introduced new categories of absences, revising some justification criteria, which was reflected in a more flexible approach to reconcile these employees work and individual demands. Finally, we address the lack of regulation in cases of absences due to death or assistance of pets, explaining the bill proposed by the PAN, concluding that it is necessary to fill this legislative gap, in the context of adding the death and urgent assistance of the pet to the list of justified absences. Since the Labour Law is a dynamic structure subject to constant conjunctural and political oscillations, hence the debates on the necessary measures for its reformulation, there is still great dissatisfaction about some issues of the current paradigm, namely, absences from work, which is the primary theme of this dissertation. In short, this final work emphasizes the importance of solutions that reconcile the interests of employers and workers, strengthening labour relations and promoting a healthy and productive environment. Regarding the methods used: nationally accepted bibliographic research; websites on the subject under investigation; processing of data available in documentary sources, specifically those originated by Statistics Portugal (National Institute of Statistics), DGSI (DirectorateGeneral for Information Technology Services) and DGPJ (Directorate-General for Justice Policy); literature review, through synthesis of the main approaches and corresponding critical reflection. This information will serve as a basis for a preparatory assessment and characterization of the phenomenon under study. The study of the existing bibliography will focus on publications made by national and international authors related to this problem, as well as legislation and jurisprudence, seeking to comment and characterize labour occurrences.

Date of Award	11 Apr 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Cláudia Alexandra dos Santos Madaleno (Supervisor)