How to Make the Fundamental Principles of the Labour Law Be Compatible with the Modern Work?

Abstract

Based on the current legal regulatory framework in Portugal, it is relevant to reflect on the importance of the scope inclusion of the fundamental principles, applicable to Labour Law, in the text of the Constitution of the Portuguese Republic. The current problem is to know to what extent, with all the recent changes in the labour world, which have been seen largely as a result of globalisation and new technologies, the existing balance between capital and labour does not compromise those principles, with emphasis on the principle of “worker protection”. The challenge is, therefore, posed to the State, but also to the interpreter of Labour Law, to permanently ensure a possible balance. The importance of labour compliance, as a tool for mitigating conflicts in labour relations, with principles, ethics, integrity, as a reference, can make it, today, a positive reality in the globalised labour world and can help to minimize risks to which a particular company is exposed. It is therefore instructive to assess the constitutional impact that ends up being given to Labour Law in the laws of an infra-constitutional nature. The case of teleworking appears to be paradigmatic as an instrument for flexibilization of work, which allows companies to attract, motivate and retain professionals. Having followed this path – which seems irreversible – it will now be important to provide this institute with a legal framework that gives it legal certainty without, however, compromising the fundamental principles. The methodology used to carry out this article followed a qualitative analysis, through deductive approach methods and of an analytical and descriptive character, with a monographic procedure.