YEAR 2015 N.º 3
David Falcão / Sérgio Tenreiro Tomás
Bank of hours; individual bank of hours; group bank of hours; Memorandum of Understanding; Troika
The introduction of the bank of hours in the Portuguese legal system was never consensual, reality that was worsened by the introduction of two new types: individual and group. It was, in our opinion, to build another building block in symbolically nicknamed the "more work and less euros". A subtle way for legitimize more work (beyond the normal working hours) at lower cost, intentionally away the overtime regime (providing job with a higher hourly rates).
Meets throughout this article demystify the direct influence of the Troika Memorandum on the issue of bank of hours in the Portuguese legal system, after analyzing the constitutional problem and its assessment by the Constitutional Court, followed by a critical analysis to the decision of this Court and own choices made by the legislature in the consecration of the bank of hours system, providing up measures to protect the worker and intend to strengthen the principle pacta sunt servanda, paradigm ever more into disuse whenever they want to nip rights of workers who, until very recently, was wisely considered as untouchable.