Labour law vs. public employment law - in particular, the (in) convertibility of fixed-term employment contracts into indefinite contracts and the “law of 35 hours” for public employees in Portugal

Abstract

The differences and similarities between the Labour Law and the Public Labour Law prove to be an ever-present theme, regarding the constant legislative changes in both quarters. Without prejudice to the approach of the regimes in key aspects of any type of labour relationship, there are two points that remain divisive: on the one hand, the (in) convertibility of fixed-term employment contracts into indefinite contracts and, secondly, the differences on the working time regimes. Through this article and after the presentation of the arguments put forward in both directions, we consider, on the first question, that is possible to convert fixed-term public employment contracts into indefinite contracts and, on the second, that the differences between the Labour Code and the General Labour Law on Public Functions, consider the working time, is against the Constitution of the Portuguese Republic.