Author(s) Inês Catarina Azevedo da Costa Santos
Advisor(s) Teresa Alexandra Coelho Moreira
Year 2014
Synopsis The present study aims to understand the influence that the concept of wage can have in the life of an employee, mostly regarding to its account for the purpose of holiday pay, holiday allowance and Christmas allowance, exploring the underlying concept development aspects, seeking to further the role that complementary patrimonial benefits, provided by the employer to the employee, have in his life. To pursue this goal we seek, firstly, to explain the labour law scheme, exploring the essential elements of the employment contract, as the principal mechanism of regulation of jus-labour relations, and finally we inquire about the concept of wage that, in short, is what in the terms of the contract, the rules that govern the contract or customs, an employee is entitled in return for his work. It is clear that, through primarily doctrinal and jurisprudential research, in practice, decisions within these matters have not been unanimous in regard to the evaluation criteria for periodicity and regularity for integration purposes of certain wage supplements in the concept of wage, to be taken into account in the quantum to be paid, by the employer, in respect of holiday pay, holiday allowance and the Christmas allowance, have been divergent decisions in recent times, which have changed the decision trends of the Portuguese courts. On the other hand, regarding the system of prescription the labour credits and respective deadlines, the understanding is also uneven within the doctrine, concerning the application of the rules relating to the prescription provided by the Civil Code. Finally, we discuss the civil or labour nature of arrears, generated by default derived of the failure to pay the wage, or part thereof.
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Author(s) Inês Catarina Azevedo da Costa Santos
Advisor(s) Teresa Alexandra Coelho Moreira
Year 2014
Synopsis The present study aims to understand the influence that the concept of wage can have in the life of an employee, mostly regarding to its account for the purpose of holiday pay, holiday allowance and Christmas allowance, exploring the underlying concept development aspects, seeking to further the role that complementary patrimonial benefits, provided by the employer to the employee, have in his life. To pursue this goal we seek, firstly, to explain the labour law scheme, exploring the essential elements of the employment contract, as the principal mechanism of regulation of jus-labour relations, and finally we inquire about the concept of wage that, in short, is what in the terms of the contract, the rules that govern the contract or customs, an employee is entitled in return for his work. It is clear that, through primarily doctrinal and jurisprudential research, in practice, decisions within these matters have not been unanimous in regard to the evaluation criteria for periodicity and regularity for integration purposes of certain wage supplements in the concept of wage, to be taken into account in the quantum to be paid, by the employer, in respect of holiday pay, holiday allowance and the Christmas allowance, have been divergent decisions in recent times, which have changed the decision trends of the Portuguese courts. On the other hand, regarding the system of prescription the labour credits and respective deadlines, the understanding is also uneven within the doctrine, concerning the application of the rules relating to the prescription provided by the Civil Code. Finally, we discuss the civil or labour nature of arrears, generated by default derived of the failure to pay the wage, or part thereof.
See more here.