Decree-Law No. 48/2023: Urgent Measures for Social Inclusion and Access to the Labor Market

News No. 13/2023

On May 4, the so-called Labor Decree (Decree-Law No. 48/2023) was published in the Official Gazette No. 103.

The decree took effect on May 5, 2023.

As expected, the legislation is quite complex, as it has introduced a series of amendments to existing measures as well as new provisions.

Given the length of the published text, and pending the hoped-for clarifications on the measures introduced, the following is a summary of some of the points of greatest interest to employers.

Safety (Articles 14–18):

Chapter II of Decree-Law No. 48/2023 addresses workplace safety, making amendments to Legislative Decree No. 81 of April 9, 2008.

Specifically, the protective measures in place at construction sites are extended to include self-employed workers, and there is a requirement to update the Risk Assessment Document (DVR) when school-to-work alternation programs are implemented, including the identification of those responsible for the internship program. In addition, a fund is established to support the families of students who have died in the workplace.

An amendment is made to Article 25, paragraph 1, of Legislative Decree No. 81/2008. Subparagraph (e) provides that the occupational physician “shall provide the employee, upon termination of employment, with the health records in his or her possession (...) and shall inform the employee of the need to retain them”. The Decree in question adds subparagraph (e-bis), which provides that the occupational physician shall request from the employee, during pre-employment medical examinations, the health record issued by the previous employer and shall take its contents into account when determining the employee’s fitness for work.

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