Publicação
Do regime jurídico da atividade desenvolvida por ajudantes familiares no terceiro setor
| Resumo: | The present regime underwent a legislative change in the rule on the social security contributions regime, it was also the subject by the Constitutional Court (nr 237/01, of 23 may de 2001), which declared unconstitutional the interpretation that allowed support entities to terminate at any time the contracts with home caregivers, qualified as employment contracts, not respecting the limits and maximum number of renewals imposed by the fixed-term contract regime. However, so far, the aforementioned legal regime has not benefited from significant changes in terms of the status and nature of the contract concluded between “home caregiver” and “support institutions”. At a time when the demographic aging of the population is a fact transversal to several countries and when longevity has entered the agenda of the world political ones, which advise the promotion of innovative social measures and support for life at an advanced age in the home context, the legal regime currently in force at the domestic level is analyzed. The study of the figure of the home caregiver will be contextualized within the scope of the philosophy of vulnerability and care, given that it is mostly performed by women. The focus of the present study is the legal nature of the contract which places home caregivers in the regime of self-employed workers, not recognizing their employment relationship. The tripartite relationship between “support institutions”, “beneficiaries/families” and “home caregivers” is analyzed, as well as the articulation with Social Security. It is noted that obligations are established for this professional group and for the support institutions, which include various situations that integrate the signs of work provided for in the Labour Code. However, the presumption established in the Labour Code, approved at a later date than the legal regime under study here, does not rule out the special regime that remains in force. The present dissertation intends to analyze the legal regime of home caregivers, and the contrasting presumption of work, focusing on the interpretation and application of this regime by national jurisprudence. This demonstrates the maintenance of the need to change the present legal regime in order to dignify the activity provided by the home caregiver, and respectively the home support and the user who benefits from this social response. |
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| Autores principais: | Alexandre, Tânia Sofia da Fonseca |
| Assunto: | Home caregivers Home support service Social security Third sector Contract for services Presumption of work Aide à domicile Service d’Aide à domicile Sécurité Sociale Troisième secteur Contrat de prestation de service Présomption de salariat Ajudantes familiares Serviço de apoio domiciliário Segurança social Terceiro sector Contrato de prestação de serviços Presunção da laboralidade |
| Ano: | 2022 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | português |
| Origem: | Repositório Institucional da UNL |
| Resumo: | The present regime underwent a legislative change in the rule on the social security contributions regime, it was also the subject by the Constitutional Court (nr 237/01, of 23 may de 2001), which declared unconstitutional the interpretation that allowed support entities to terminate at any time the contracts with home caregivers, qualified as employment contracts, not respecting the limits and maximum number of renewals imposed by the fixed-term contract regime. However, so far, the aforementioned legal regime has not benefited from significant changes in terms of the status and nature of the contract concluded between “home caregiver” and “support institutions”. At a time when the demographic aging of the population is a fact transversal to several countries and when longevity has entered the agenda of the world political ones, which advise the promotion of innovative social measures and support for life at an advanced age in the home context, the legal regime currently in force at the domestic level is analyzed. The study of the figure of the home caregiver will be contextualized within the scope of the philosophy of vulnerability and care, given that it is mostly performed by women. The focus of the present study is the legal nature of the contract which places home caregivers in the regime of self-employed workers, not recognizing their employment relationship. The tripartite relationship between “support institutions”, “beneficiaries/families” and “home caregivers” is analyzed, as well as the articulation with Social Security. It is noted that obligations are established for this professional group and for the support institutions, which include various situations that integrate the signs of work provided for in the Labour Code. However, the presumption established in the Labour Code, approved at a later date than the legal regime under study here, does not rule out the special regime that remains in force. The present dissertation intends to analyze the legal regime of home caregivers, and the contrasting presumption of work, focusing on the interpretation and application of this regime by national jurisprudence. This demonstrates the maintenance of the need to change the present legal regime in order to dignify the activity provided by the home caregiver, and respectively the home support and the user who benefits from this social response. |
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