Insight

Portugal Is Legislating Its Way to a Fairer Workplace

Pedro Pardal Goulão of Morais Leitão discusses the big changes coming to Portugal in his "Law Firm of the Year" interview.

Gender Equality Law Portugal
Best Lawyers

Best Lawyers

May 3, 2019 11:37 AM

Big changes are coming to the workplace in Portugal—but you might not be seeing them for another few years. In an interview with Best Lawyers CEO Phillip Greer, Pedro Pardal Goulão of Morais Leitão, Galvão Teles, Soares da Silva & Associados, Sociedade de Advogados discusses new legislation to address Portugal’s gender wage gap, and his firm’s 2019 “Law Firm of the Year” award for Labor and Employment Law.

Phillip Greer: Are there any trends you've witnessed within the labor and employment law sector in the past year?

Pedro Pardal Goulão: At least from my personal experience, one that has been quite interesting is the increasing numbers of startup companies in Portugal. Lisbon is seen as a very promising startup hub, and probably because of that, we have seen a significant rise in the number of these type of businesses in our country as well. We have a lot of foreign startups that are setting up here in Portugal.

We have been involved in many of those investments in Portugal through what our office calls “Team Genesis,” which is a cross-functional group where we have people from different areas of law come together and advise these companies. There's a whole new mindset, and that requires an inventive legal approach regarding their employment matters.

Typically, employment law matters are more focused on termination and payment, but for these tech companies, the mindset is totally different and more focused on the rules around hiring. They’re doing a lot of work to retain those individuals that are also coming to Portugal, and so we have to keep our mind open and search for innovative contractual solutions that we would not be working on, were it not for these new investors. So, it has been quite interesting for us and quite challenging.

Do you see labor and employment law changing in Portugal in the coming years?

In the short term, no. Of course, we will always have trends but we are not expecting huge changes soon. We will have some announced new amendments that are going to be passed by the Portuguese parliament that are likely to be entered in the beginning or mid-year. Some of them are important, but I wouldn't say that there is going to be a "game changer" in employment law in Portugal.

In the long term, for sure. Not only because of the concerns of the new employees, but also because of technological innovation and the ways in which the employees will relate to the employer. That will bring some bigger amendments, eventually.

One year since its introduction, how long has the gender pay gap legislation impacted labor and employment law in Portugal?

We still have a long way to go. There are some initiatives in Portugal, and some of them at a legal level, but I expect further legislation will come in to enforce this. I think that is a trend in some other European countries that has been discussed, but it is starting to be discussed in Portugal right now. Even so, I would say that decreasing the pay gap is at the top of the political agenda.

How have economic recovery and increased hiring been felt in the labor-employment sector?

Regarding the economic recovery, that is something that is undeniable, and of course in the employment sector, it has a clear impact. In terms of the demand for employment-related work, we haven't felt a big difference, but I would say that employment lawyers are now occupied with different types of work in the last few years. Before economic recovery and the Portuguese bailout, I would say that the major concerns of our clients as employers were definitely on how to downsize or cut personnel costs. That was their drive and that was their main concern more in terms of surviving in a difficult market.

Now, companies have a different mindset, and they are more focused on flexible and efficient ways to hire, reward, and retain their employees, rather than just thinking about cutting costs.

They’re doing a lot of work to retain those individuals that are also coming to Portugal, and so we have to keep our mind open and search for innovative contractual solutions that we would not be working on, were it not for these new investors.

In terms of employment law, our work in advising transactional work is also increasing. There are more MNAs and FPAs and that implies, for instance, many transfers of businesses, with a transfer of the employees allocated to those businesses. We also have massive employment law amendments regarding the business transfer of employees. The work and the main concerns of the employers are a little bit different now.

How has the disability hiring provision affected employers in Portugal?

The disability hiring provisions are quite recent in Portugal. They were passed roughly one month ago, and apply to companies with a certain number of employees. We don't have yet a clear idea of what the impact is going to be, but yes, as with the gender pay, I think that the disability hiring provision is a top priority. It is too soon to make an assessment on how it has affected employers, but from our experience, they are aware that things will change on this matter.

You've touched on this a little bit in your earlier answers, but I'll ask it again specifically. In what ways has technology affected labor and employment?

To begin with, it affects the way we work as employment lawyers. That is something that requires a lot of investment on our part, and our law firm is trying to keep up with the best practices to make sure that we have the best tools to help us increase efficiency while working. Maybe, in employment law, it's not one of the areas where it is so obvious, but still it is something we are using. For instance, we are developing some tools with external advisors and we are working on that in terms of making us easier to go through hundreds or thousands of documents and to directly go to what we are trying to find out. In a nutshell, we are trying to keep up the pace with the best international practices on this.

[RELATED: Know someone already worthy of making our list? Nominate them today.]

How does your firm stay agile against competitors in labor and employment law?

Again, we try to make sure that we are working and learning with the best practices at the international level, and that we are bringing those tools to work in Portugal. And we try to make sure that a number of our lawyers keep focused on attending seminars and conferences to make sure that we have access to the latest trends, and that opens on all the employment areas. Finally, we try to stay humble and focus on our daily work to use that knowledge on behalf of our clients, teaming-up and going the extra mile for every client to make them feel like they're the only one or, at least, a priority.

Related Articles

A Startup Accelerator Program Sets Cuatrecasas Apart


by Best Lawyers

Miguel de Almada and Frederico Bettencourt Ferreira from the Portuguese firm discuss their 2019 "Law Firm of the Year" award for Litigation and Arbitration.

Cuatrecasas "Law Firm of the Year"

Announcing the 2021 Best Lawyers in Portugal


by Best Lawyers

The results include an elite field of top lawyers and firms.

2021 Best Lawyers in Portugal

Leading the Evolution in Workplace Law


by Best Lawyers

Colin G.M. Gibson discusses workplace safety, issues such as raising the minimum wage, and job-protected leaves. 

An Interview With Harris & Company

How PLMJ's Unique Structure Shapes Its Insolvency Practice


by Best Lawyers

A leading attorney with the 2019 "Law Firm of the Year" winner for Insolvency and Reorganization Law in Portugal speaks to Best Lawyers CEO Phillip Greer.

PLMJ "Law Firm of the Year" Interview

Opening Pandora's Box in Portuguese Tax Law


by Best Lawyers

Diogo Ortigão Ramos discusses Cuatrecasas' 2019 "Law Firm of the Year" award for tax law in Portugal.

Cuatrecasas Law Firm of the Year Interview

Fasken Attorneys on Their 2019 "Law Firm of the Year" Award Win


by Best Lawyers

Lawyers from the Canadian firm discus their employment law practice and the changes coming to the Canadain legal market.

Fasken Law Firm of the Year Q&A

The 2023 Best Lawyers in Portugal™


by Best Lawyers

Announcing the elite group of lawyers recognized in Portugal for 2023.

Green and red Portuguese flag

Announcing The Best Lawyers in Germany™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from Germany.

Black, red and yellow stripes

Announcing The Best Lawyers in Switzerland™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from Switzerland.

Red flag with white cross

Announcing The Best Lawyers in Austria™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from Austria.

Red and white stripes

Announcing The Best Lawyers in Italy™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from Italy.

Green, white and red stripes

A Double Dose of Power


by Constance Endelicato

Women in the Legal and Medical Professions Can Work Together to Dismantle Gender Inequality

Women Work to Dismantle Gender Inequality

Announcing the 2022 Best Lawyers in Colombia™


by Best Lawyers

The results include an elite field of top lawyers and firms.

Announcing the 2022 Best Lawyers in Colombia™

Announcing the 2022 Best Lawyers in South Africa™


by Best Lawyers

The results include an elite field of top lawyers and firms.

Announcing 2022 Best Lawyers in South Africa

Summer Voting Season Is Here!


by Best Lawyers

Summer 2021 voting is open to all lawyers listed in Best Lawyers in Chile, Colombia, Peru, Brazil, Mexico, Portugal, South Africa and Spain.

How To Vote On Your Best Lawyers Ballot

Announcing the 2022 Best Lawyers™ in Switzerland


by Best Lawyers

The results include an elite field of top lawyers and firms.

Announcing the 2022 Best Lawyers™ in Switzerl

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background