Study Group in Labor Law (Trabjus)

Project Introduction

The Collective Research Project "Work, Precariousness, and Justice" (TrabJus), developed within the research line "Individuality, Solidarity, Law" of the Center for Advanced Studies (CEAD) Francisco Suárez, is being funded by the "Fazer +" Program for Science and Pedagogical Innovation of the Lusófona Group. The project is expected to last for 18 months, starting from October 1, 2021. The project is coordinated by Dr. António Monteiro Fernandes and Dr. Carolina de Freitas e Silva and involves students from Master's and Ph.D. programs, early-career Ph.D. researchers, and a guest researcher. Through this research project, the aim is to explore three major thematic areas related to precariousness, work, and labor justice in an interdisciplinary and multifaceted manner.

In the first thematic area, the researchers will focus on the theory and judicial practice related to combating labor precariousness, particularly the fight against the phenomenon of false service providers. The objective is to identify the strengths and weaknesses of the Portuguese legal regime and contribute to the advancement of the state of the art in the field. Although primarily a legal research project, it has an interdisciplinary approach, evident in the second thematic area. This area aims to draw on research methodologies from other social sciences and philosophy to develop theoretical frameworks for an adequate and just model of labor relations that align with the UN's Agenda 2030, specifically the goals of decent work with economic growth and reduction of social inequalities. Finally, the third thematic area, focusing on "remote work," holds vital importance in this project as it seeks to examine which teleworking model could simultaneously satisfy the criteria of decent work and address the emerging economic challenges, precisely at a time when working on the employer's premises may no longer be the norm in certain economic sectors.

Objectives

The bases of this clearly multidisciplinary project are established on the research of three thematic areas:

The study of legal theory and practice in combating labor precariousness through field research involving a significant number of judicial cases from the Labor Courts in the districts of Lisbon, North Lisbon, West Lisbon, Porto, and East Porto. The purpose is to assess the legal issues that have arisen in judicial practice, almost 9 years after the entry into force of Law No. 63/2013. The study aims to examine whether Laws No. 55/2017 and 107/2019, which amended the initial regime, effectively addressed the shortcomings of the 2013 Law.

The study of philosophical, social, legal, and economic aspects considering two inseparable dimensions of human work. The first dimension considers work as an economic variable, a production cost, an objective data to be considered by employers in shaping their business strategy. The second dimension views work as an intrinsic and indispensable expression of human dignity. Building on these foundations, the aim is to contribute to the theoretical reflection on how to fulfill at least two objectives of the United Nations' Agenda 2030.

The study of "remote work" from a predominantly legal perspective, considering relevant national and European legislation while also addressing the challenges posed by adopting a "sustainable" way of working. The study aims to find a balance between decent work and work that contributes to economic development.