Latest developments in 2019

• Author: Lopes, Dulce; Vicente, Joana
• Pages: 84-85

84

12 LATEST DEVELOPMENTS IN 2019

12.1 Legislative amendments

Employment

Law 4/2019

The Portuguese Parliament has approved Law 4/2019 of 10 January 2019, which regulates

the system of employment quotas in private enterprises for people with disabilities with a

degree of incapacity equal to or greater than 60 %. According to Law 4/2019, the obligation

to meet quotas for the employment of people with disabilities is imposed on medium-sized

and large private enterprises. In a medium-sized enterprise with a workforce of more than

75 employees, employees with disabilities must make up at least 1 % of the total number

of employees, while large enterprises with more than 250 employees are required to fulfil

an employment quota of at least 2 %.

Law 90/2019

The Labour Code was recently changed by Law 90/2019 of 4 September, which introduced

amendments to Articles 85, 86 and 87. Those Articles established a duty on employers to

provide reasonable accommodation for people with disabilities or chronic diseases, and to

give an exemption from overtime, night work and other types of flexible working as and

when necessary. The new legislation extends the right to reasonable accommodation and

other measures to employees with cancer.

Decree-Law 6/2019

The General Regime for Contract Work for the Public Sector provides the termination of

the employment relationship when the employee reaches the age of 70 (Article 292). The

new legislation introduced a provision (Article 294(a)) which establishes that the

employment relationship can be continued as a fixed-term employment contract (or limited

executive tenure) at the request of the employee, if it is in the public interest.

Housing

Law 13/2019

The Portuguese Civil Code was recently changed by Law 13/2019 of 12 February, which

introduced a provision (Article 1067-A) on non-discrimination in respect of access to a

lease. According to this Article, no one can be discriminated against on the grounds of sex,

ancestry or ethnic origin, language, territory of origin, nationality, religion, belief, political

or ideological convictions, gender, sexual orientation, age or disability (1). It concluded

that the announcement of a dwelling for lease cannot contain any restriction, specification

or preference based on the discriminatory categories mentioned above

Law 83/2019, the Basic Law on Housing, establishes that all have a right to housing for

themselves and their families, regardless of ancestry or ethnic origin, sex, language,

territory of origin, nationality, religion, belief, political or ideological convictions, education,

economic situation, gender, sexual orientation, age, disability or health conditions.

Health

Law 95/2019

The Basic Law on Healthcare includes the right for patients to the protection of health in

respect of the principles of equality, non-discrimination, confidentiality and privacy in

Principle 2(1)(a). Equality and non-discrimination are also established as foundations of

the Portuguese Health Policy in Principle 4(2)(d).