Miguel A. Lopes / LUSA
The Minister of Labor, Solidarity and Social Security, Maria do Rosário Palma Ramalho
The impasse could result in a scenario where some vigilates receive almost two subsidies and the rest receive 1/12th of the subsidy.
The Ministry of Labour, Solidarity and Social Security (MTSSS) is at the center of an impasse between security companies PSG and Powershield, regarding the payment of Christmas bonuses to about 500 guards. The controversy could result in significant discrepancies in the amount received by workers in different regions of the country, which worries unions and experts.
On December 1, 2024, liabilities were transferred between the companies PSG and Powershield. PSG took over surveillance services in the Lisbon, Vale do Tejo and Norte regions, while Powershield was responsible for the Centro and Alentejo regions. According to legal experts, the law determines that the new employer is responsible for full payment of the Christmas bonus, which clearly applies in the case of transfer of establishment.
However, the MTSSS general secretariat issued a “proposal” to companies, suggesting proportional payment: 11/12 of the subsidy by previous employers and 1/12 by new ones. This solution was defended by PSG, which has already implemented this model. However, Powershield, according to information gathered by the Union of Employees in Concierge and Surveillance Services (STAD), intends to comply with article 285 of the CLT, explains the .
If the companies maintain their positions, the security guards in Lisbon and North will receive only 1/12 of the subsidywhile those in the Center and Alentejo can accumulate almost two subsidies. This scenario could worsen when paying other rights, such as holiday bonuses, which expire in January.
The Ministry of Labor argues that the communication sent to companies does not constitute an “instruction”, but a “suggestion”. Still, the formulation used by the general secretariat indicates what companies “should” do, creating a possible interpretative conflict. The ministerial office reaffirmed its commitment to ensuring that all workers receive what is due to themin accordance with the Labor Code.
STAD has already admitted moving towards fighting actions, such as strikes, if the impasse is not resolved. The Ministry of Labor has not yet clarified whether it will issue new guidelines.
