From 1 May 2023, the Agenda do Trabalho Digno [Decent Work Agenda] aims to combat precarious employment and strengthen the monitoring of irregular situations. The amendments to Article 10 of the Portuguese Labour Code, which now cover economic dependence in corporate groups, consider them to be a single contracting organisation if more than 50% of a self-employed worker's activity is provided to the group.
In February 2024, the Autoridade para as Condições do Trabalho (ACT) [Portuguese Labour Conditions Authority] notified several entities to settle employment relationships, warning them of the presumption of employment and protecting against ‘false freelance invoices’. However, these changes are generating fear among contracting organisations, who fear a decrease in the hiring of self-employed workers.
Maria Luís Guedes de Carvalho, Senior Associate in the Labour department at CCA Law Firm, in an opinion article for RH Magazine, reflects on this issue by stating: ‘Although the lawmaker's aim was to protect self-employed workers who, in fact, are not (the so-called ‘false freelance invoices’), the reality is that the way in which Article 10 of the Labour Code was amended by the Decent Work Agenda seems to want to eliminate the provision of services by self-employed workers, creating a great deal of fear in the beneficiaries (contracting organisations).’