Under the Decent Work Agenda, the ACT launched on July 20 an action to combat precariousness, notifying 80,000 employers for the regularization of contracts of 350,000 workers.
According to the notification, ACT claims that, in the performance of its mission, it is verifying the employment relationships of workers with fixed-term employment contracts, the duration of which exceeds the maximum limits provided for by law.
In view of the above, they state that you must proceed with the Social Security Institute to update the situations identified above, by September 10, 2023, using for this purpose the functionalities of the Direct Social Security related to the communication of change in the modality of the employment contract.
Moneris had the opportunity to verify numerous examples, having verified the occurrence of divergences, probably motivated by the data source.
Apparently, the ACT will have received data recorded on the Compensation Funds platform, instead of the data recorded in the Direct Social Security, whose mandatory completion will have ended at the end of the first quarter of this year.
As is public knowledge and Moneris had the opportunity to disclose, in this link, most of the obligations of the Compensation Funds are suspended, so a review and update of data from that platform is not justified.
Therefore, employers who have their employment contracts duly registered and updated in the Direct Social Security will probably find that the identified workers are in a regular situation.
In the event that there is any irregularity, by lapse in writing or otherwise, a deadline is granted until September 10 to regularize the registration, or in the limit the contractual bond, assuming that no penalty is applicable, since the initiation of an inspection action will only take place after that date.
The notification does not provide for a formal response but, of course, employers will be able to consider doing so, claiming that there is no irregularity in the data reported in the Direct Social Security.
The ACT has issued an informative document on the use of fixed-term contracting, which can be accessed at this link.
How can Moneris help?
Administrative management within the scope of human resources management requires a high level of technical expertise and constant updating.
The Moneris Labor Technical Committee brings together the skills of specialized professionals in the different perspectives of the labor area, from the legal, formal and declarative component, to the procedures and their operationalization, actively participating in the training and valorization of the group’s human resources teams and in conducting compliance audits to Moneris clients.
If you would like more information or clarification on the Decent Work Agenda and the practical implications for your Organisation, please contact your Moneris manager or use the usual means of communication: info@moneris.pt| +351 210 316 400.