Proibição do outsourcing e despedimentos coletivos e por extinção do posto de trabalho

: o artigo 338.º-A do CT

Abstract

This dissertation aims to analyse the new Article 338.º-A of the Portuguese Labour Code, introduced by Law no. 13/2024 (Agenda for Decent Work), in the context of dismissals based on objective grounds, namely collective dismissals and dismissals due to job extinction. Starting from the constitutional framework of these types of dismissal, in light of the principles of job security and freedom of enterprise, and considering their specificities within the Portuguese labour law system, this study examines the grounds that may justify dismissals for objective reasons and the extent to which such decisions may be reviewed by the courts. A critical analysis of the new Article 338.º-A follows, addressing its practical implications and the interpretative challenges it has raised— challenges which, it should be noted from the outset, expose the fragility of the legislative technique employed. All this, while awaiting the Constitutional Court’s decision on the matter.

Date of Award	25 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Catarina de Oliveira Carvalho (Supervisor)