The extension of the trial period for first-time and long-term unemployed workers. Comment on the Constitutional Court Ruling of May 18, 2021 (Ruling No. 318/2021).

  • Francisco Briosa e Gala Instituto Politécnico de Beja

Abstract

The adoption of legislative measures that reduce or diminish job security has often been invoked as an objective the promotion of access to paid work by first-time job seekers and long-term unemployed workers.

The Constitutional Court Ruling 318/2021 of July 1, which is the subject of this commentary, concluded, in an abstract review, that the rule contained in article 112(1)(b)(iii) of the CT was unconstitutional, but only in the part that refers to first-time job seekers "when applicable to workers who have previously been employed for a term of 90 days or more by other employer(s)". Therefore, the Constitutional Court did not find any constitutional inconsistency in the extension from 90 to 180 days of the trial period applicable to "first-time job seekers" (except for the aforementioned part) and "long-term unemployed workers".

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Published
2023-04-14