Rita Garcia Pereira, a lawyer specialized in labor law, explained to Jornal Económico the consequences foreseen in the Portuguese legal system in case of non-compliance with the obligations imposed under the civil requisition.
Thus, in the first place, the expert explained, drivers who refuse to comply with the obligations imposed by the civil requisition are committing a crime, as they are in violation of article 547 of the Labor Code, which provides for the crime. of qualified disobedience.
A crime of qualified disobedience is that which “does not present the service with the inspectorate competence of the ministry responsible for the labor area, a document or other registration requested by it, which is of interest to clarify any employment situation”.
Please note that if co-authorship is proven in the practice of this crime by trade unions, they may also be responsible for this crime.
The penal framework for the crime of qualified disobedience is provided for in Article 348 (2) of the Penal Code. Thus, anyone committing this crime may incur a prison sentence of up to two years or a fine of up to 240 days.
In addition, drivers may still lose their job due to dismissal for just cause, said Rita Garcia Pereira. The Labor Code states, in Article 351 (2) (l) that “non-compliance or opposition to compliance with a judicial or administrative decision” constitutes just cause for dismissal of the worker.
Drivers may also be liable in civil matters under the subjective liability which is dependent on fault and is provided for in Article 483 of the Civil Code.