João Diogo Duarte comments in SÁBADO magazine on the legal frameworks of strike action

João Diogo Duarte, managing associate at Morais Leitão, comments in SÁBADO magazine on the legal challenges related to strikes and the ongoing debate on potential legislative changes to the framework of minimum services.

His analysis follows recent strikes in the railway and public education sectors, which reignited discussions on how to balance the right to strike with the need to ensure essential services. One of the core issues raised is the possibility of extending minimum service requirements to new sectors, such as education.

João Diogo Duarte argues that it is legitimate to consider extending minimum services to cover lessons, provided that proportionality is ensured:
“I agree that minimum services should ensure the certification of learning outcomes, but wouldn't it also make sense to provide for their actual acquisition (classes), within proportional limits?” he asks.

Citing examples of recurring strikes on specific days that disproportionately affect certain subjects, João Diogo Duarte highlights the technical complexity of defining minimum service levels in education, while asserting that the issue merits further discussion.

The Morais Leitão lawyer also comments on the current criminal provisions, considering excessive the criminalisation of certain actions during strikes—such as internal staff reallocation by school directors.
“There is room to revisit this issue,” he states, referring to the current criminal penalties associated with substituting workers on strike.

Finally, João Diogo Duarte points to significant limitations in how Portuguese law addresses union representativeness in strike actions and the grounds required to justify them:
“Strictly interpreted, the law does not even require the strike notice to be expressly justified,” he notes, warning of the risks posed by strike actions based on vague demands or political protests that fall outside the employer's scope.

Read the full article in the attachment below.

(The article is in portuguse only)