They exist more than 300 registered trade unions in Portugal. Want to learn more about lawyers for unions and collective bargaining agreements?

With this article by Catarina S. Gomes – Lawyers in Portugal This will answer all your questions about lawyers for unions and their role in this area.

What are trade unions?

Os trade unions These are associations, formed by workers in a specific sector of activity, whose objective is to defend the rights and duties of all workers, such as improving working conditions or even achieving better wages.

These organizations defend the interests of workers, especially when there are changes in laws or wages.

Trade unions are often associated with a way for workers to show their discontent with changes they may experience in their sector, since these associations end up having more power to express themselves than an individual worker.

It is with this in mind that one can say that unions are important, since they safeguard the collective interests of workers and make their message reach further.

Here are some examples of trade unions in Portugal:

• FENPROF (National Federation of Teachers);
• Northern Doctors' Union;
• FNE (National Federation of Education);
• SEP (Portuguese Nurses Union);
• SNM (National Union of Drivers);
• YES (Independent Union of Doctors);
• Among many others.

Portuguese Lawyers' Union

Portuguese lawyers also have a union: Portuguese Lawyers' Union (SAP).

This organization is made up of all lawyers and trainee lawyers under a regime of legal subordination and similar arrangements, excluding law firms, and its objective is to defend lawyers in these situations.

Looking for a lawyer with experience in unions? Contact us! We are located in Braga!

What is Collective Labor Law?

Collective labor law is the branch of law that regulates the legal relationships between workers represented by a union and the employer.

In Portugal, workers have freedom of association, a condition and guarantee for building their unity in defense of their rights and interests.

Workers are guaranteed:

• The freedom to form trade unions at all levels;
• Freedom of association, meaning no worker can be forced to pay dues to a union in which they are not a member;
• The freedom of organization and internal regulation of trade unions;
• The right to engage in union activity within the company;
• The right to pursue trends, in the forms that the respective statutes determine.

Trade unions are independent of the State, political parties, or any religion, and may freely establish relations with or affiliate with international trade union organizations.

Employment Law

Regarding workers' rights, Labor Law is the branch of law that regulates the relationship between employers and employees. This is a very important area, since work is a component present in everyone's life, and it defines the rights and duties of workers and employers.

At Catarina S. Gomes – Lawyers in Braga, we have a team of lawyers specializing in trade unions!

Collective bargaining agreements. What are they?

Collective labour agreements are instruments of collective labour regulation concluded between employers and, mainly, trade unions, which regulate the working conditions of employees in those entities.

Collective labour regulation instruments are agreements, laws, and regulations that govern the relationship between employers and employees, often negotiated by trade unions or other employee representatives.

Collective labour regulation instruments are used in conjunction with existing laws to regulate employment relationships formalised through contracts, that is, measures aimed at the effective application of the principles of equality and non-discrimination.

Types of collective labour agreements

Collective bargaining agreements are divided into three forms: collective contracts, collective agreements, and company agreements.

Collective labour agreement

This collective agreement is concluded between employer associations and worker associations. One or more employer associations agree, with one or more trade unions, on the rules to apply to a sector of activity or a profession.

Collective bargaining agreement

This is a collective bargaining agreement that is celebrated between a trade union association and various companies in a sector.

Company agreement

This is an agreement signed between a trade union and an employers' association, therefore it is only valid for one company.

What is the role of a lawyer for unions?

Lawyers for trade unions play an important role for these associations from their creation to their operation.

Lawyers in this area provide legal and institutional advisory services, working on registration, document preparation, and the drafting of articles of association.

The union's lawyer must assist the union in matters of interest to the union and its members, including procedural substitution and assistance.

It is important that each union has its own personalized legal counsel, always accessible to meet its needs. This support helps promote the quality of the association and its members.

Main functions of a union lawyer

The lawyer and their services provide security that the beneficiary can have in situations where the use of a lawyer becomes essential, whether to initiate or defend legal actions or to obtain general guidance, aiming at resolving conflicts in the best possible way.

A lawyer specializing in unions has the main objective of providing support in all the fundamental functions of union activity in defending its members, such as:

• collective agreements (hiring, dismissals, etc.),
• negotiate salaries,
• negotiate rights to benefits,
• legal intervention in lawsuits,
• guidance on labor issues,
• participation in the drafting of labor legislation,
• analysis of conventions,
• To receive and forward complaints from workers.