YEAR 2013 N.º 2

ISSN 2182-9845

Some brief thoughts on the employment contract as a pre-formulated standard contract

Leonor Pizarro Monteiro


Unfair contract terms; pre-formulated standard contract; employment contract; collective agreements


This paper tries to shed some light on the possibility of applying the Unfair Contract Terms Act to the employment contracts that are really pre-formulated standard contracts. It is believed that this is a relevant issue within the change that is occurring in the Labor Law Legislation.

This will be done by presenting the general framework and a brief analysis of the Portuguese Unfair Contract Terms Act (Decree-Law n. 446/85), so that we can move on to the specific topic, analyzing the possibility of applying this regime to the employment pre-formulated standard contract, how this should be done, and above all the advantages of using this modus operandi.