O procedimento do jus variandi funcional

Abstract

Functional jus variandi consists in the right of the employer, verified to certain exceptional circumstances, to require from the worker for a certain period of time functions other than those hired.In the face of a conflict of rights, in particular in the sphere of the employer of the right to free economic initiative and in the sphere of the worker of the right to stability of employment, both of which enjoy constitutional protection, the legislator has instituted a procedure which serves mainly to enforcement of the right in question and also assists in its control.The procedure underlying this figure is limited to the order of amendment that must be justified, indicating its expected duration and mentioning where appropriate the agreement regulating this right between the employer and the employee.Failure to comply with this act is not explicitly sanctioned by law, and the present dissertation has as its primary objective the construction of a thesis that gives it a legal devaluation in accordance with current Labor Law principles.

Date of Award	3 Dec 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Luís Artur Almeida Rocha Gonçalves da Silva (Supervisor)