Learning outcomes of the curricular unit

Students should acquire a detailed knowledge of the legal regulation regarding the duration and organization of working time, vacation, holidays, absences, as well as the employment contracts which idiosyncrasies relate to working time. They shall realize the practical usefulness of the various legal institutions regarding the different interests involved and its suitability for several business realities, as well as the respective advantages and disadvantages for an efficient and accurate advice of the agents involved. At the same time, they need to identify the legal questions concerning the interpretation of existing legislation and the integration of loopholes, with the support of legal literature and jurisprudence discussions. Finally, they shall be aware of the need to coordinate the national legislation with the sources of supranational law, resolving conflicts of rules, and with the collective labour regulation instruments.

Syllabus

I. Introduction: anthropological, social, economic and legal significance of working time (brief considerations)

II. Working time in supranational law and in the Portuguese Constitution and the multilevel protection of the fundamental rights involved

IIII. Duration and organization of working time in Portuguese Law 
1. Flexibility and working time
2. Operational concepts
3. Modalities of flexible working time organization 
4. Weekly rest and public holidays
5. Shift work
6. Night work
7. Overall assessment of the level of compliance with European and international law: synthesis and resolution of multilevel conflicts

IV. Atypical employment contracts
1. Part-time work
2. Intermittent and on-call work

V. Annual leave

VII. Absences

VIII. Registration and control of working time

IX. Workers representatives’ powers