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The new models of work organisation, driven by globalisation and digitalisation, have been gaining increasing relevance in Portugal, giving rise to significant challenges from a labour and employment law perspective. One such example is the use of Employers of Record, a model that is becoming increasingly common but which still lacks a specific legal framework under the Portuguese legal system.
In an article for RH Magazine, Carlos de Oliveira Sarmento, Senior Associate in the Labour practice area at CCA Law Firm, analyses this model and draws attention to the legal uncertainties arising from the absence of specific regulation, particularly with regard to the validity of essential contractual clauses and their interaction with the Portuguese Labour Code.
In this context, the lawyer emphasises that “with the growing use of Employers of Record, the need for a dedicated legal framework is becoming increasingly evident,” arguing that clear regulation is essential to strengthen legal certainty and to allow this model to develop in a sustainable manner within the Portuguese market.
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- RH MAGAZINE