- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
|
Art. 57. [nullity of the employment contract]
(1) The breach of any legal condition required for the valid conclusion of the individual employment contract shall void it. (2) The establishment of the nullity of the individual employment contract shall take effect for the future. (3) The nullity of the individual employment contract may only be covered by the subsequent fulfilment of the conditions imposed by the law. (4) Should a clause be affected by nullity, for having established rights or obligations for the employees contrary to mandatory statutory provisions or applicable collective labour agreements, it shall be replaced de jure with the statutory provisions or the provisions of the collective agreement, and the employee shall have the right to indemnification. (5) A person having carried out an activity under a voided individual employment contract shall have the right to remuneration, according to the accomplishment of the duties. (6) The establishment of the nullity and, according to the law, of its effects may be take place by agreement of the parties. (7) Should the parties fail to agree, the nullity shall be pronounced in court. |