Author(s) Maria Irene da Silva Ferreira Gomes
Advisor(s) Bernardo da Gama Lobo Xavier e António Cândido Oliveira
Year 2013
Synopsis The hybrid position of the manager – formally an employee but functionally an employer – explains the reason why many legal systems distance him from various protective employment measures generally provided to the common worker, such as: limits to the duration and organisation of working time and schedules, guarantees of stability of the type of functions carried out, as well as of the duration of the employment contract, and even of the types of employment contract termination and related problems. It is also frequent to problematise, in relation to this professional class, the legality of restricting the exercise of collective rights such as participation in structures of workers’ collective representation, collective bargaining and even the right to strike, when in the presence of certain conditions. The problem of conceptual delimitation of this sui generis employee is, therefore, of extreme legal relevance, both theoretical and practical. Problematising the figure of the manager in the Portuguese legal framework, seeking to contribute to a more in-depth dogmatic interpretation of its profile and employment legal statute is, in essence, the central question that this thesis endeavours to discuss. The methodological path herein proposed is that traditionally used in the systematic presentation of employment relations: the particularities of the legal regime of the beginning of the relations are analysed first; followed by the aspects related to the contents of the relations; and ending with the specificities of the termination of the contract. This research effectuated from the various different aspects of system (legal provisions, conventional provisions, case law and legal theory) and the values that inspire them permits us to say that the Portuguese Labour Law system adopts an eminently teleologic, relative (variable, depending on the normative disposition in question) and open (susceptible to new types resulting from the unstoppable evolution of organisational management techniques) concept of the manager.
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Author(s) Maria Irene da Silva Ferreira Gomes
Advisor(s) Bernardo da Gama Lobo Xavier e António Cândido Oliveira
Year 2013
Synopsis The hybrid position of the manager – formally an employee but functionally an employer – explains the reason why many legal systems distance him from various protective employment measures generally provided to the common worker, such as: limits to the duration and organisation of working time and schedules, guarantees of stability of the type of functions carried out, as well as of the duration of the employment contract, and even of the types of employment contract termination and related problems. It is also frequent to problematise, in relation to this professional class, the legality of restricting the exercise of collective rights such as participation in structures of workers’ collective representation, collective bargaining and even the right to strike, when in the presence of certain conditions. The problem of conceptual delimitation of this sui generis employee is, therefore, of extreme legal relevance, both theoretical and practical. Problematising the figure of the manager in the Portuguese legal framework, seeking to contribute to a more in-depth dogmatic interpretation of its profile and employment legal statute is, in essence, the central question that this thesis endeavours to discuss. The methodological path herein proposed is that traditionally used in the systematic presentation of employment relations: the particularities of the legal regime of the beginning of the relations are analysed first; followed by the aspects related to the contents of the relations; and ending with the specificities of the termination of the contract. This research effectuated from the various different aspects of system (legal provisions, conventional provisions, case law and legal theory) and the values that inspire them permits us to say that the Portuguese Labour Law system adopts an eminently teleologic, relative (variable, depending on the normative disposition in question) and open (susceptible to new types resulting from the unstoppable evolution of organisational management techniques) concept of the manager.
See more here.