LEGAL AND JURISPRUDENTIAL PRAMEWORK OF THE COOPERATOR WORKER IN PORTUGAL

Abstract

Currently, the universe of activity providers is complex and heterogeneous, due to the increasing dilution of the barrier that traditionally separates the figure of the worker from that of the employer. This scenario contributes to a multiplicity of levels of social protection for the provider, which often lack an adequate regulatory framework.
The problem of the qualification of the legal relationship established between the cooperative worker and the cooperative is not yet solved in Portuguese legislation and divides Portuguese doctrine and jurisprudence.
We believe that a subordinate employment contract does not exist between the cooperative and the cooperator who provides it with his/her work, but rather a business of a distinct and specific nature which is called a “cooperative employment agreement”.
Given the specific nature of the relationship and the degree of economic dependence of the cooperative worker on the work cooperative, we argue that the legislator could have moved towards a uniform solution in terms of social protection for those providers.