The Supreme Court of Justice (STJ) handed down Ruling No. 15/2025, published on 10 November, confirming a structural principle of Portuguese and European labour law: any clause in a collective bargaining agreement that establishes less favourable conditions for fixed-term workers than for permanent workers is null and void when based solely on the nature of the employment relationship.
The case in question concerned TAP’s Company Agreement for cabin crew, which provided for specific entry categories for fixed-term workers (‘CAB Início’ and ‘CAB 0’), with slower progression and lower pay when compared to the category applicable to permanent workers (‘CAB 1’).
The STJ considered that such provisions constitute a violation of the principle of equal treatment enshrined in Article 146 of the Labour Code and Article 4(1) of Directive 1999/70/EC, concluding, expressly and unequivocally, that they are null and void due to violation of a mandatory rule. As a result, it ruled that the workers involved should be considered as belonging to the CAB 1 category from the beginning of their employment, with payment of salary differences and other related credits.
The judgment also emphasises that collective autonomy is not absolute and is limited by fundamental principles of labour law, in particular the principle of equality and non-discrimination.
Case law and EU law
The STJ reinforces its alignment with CJEU case law on equality between fixed-term and permanent contracts, and with national case law, including previous decisions by the Supreme Court itself.
The ruling also reaffirms that the principle of equal treatment does not allow for contractual restrictions and is mandatory in nature.
What should companies do?
To avoid legal and labour risks, it is recommended that employers:
- Review their IRCTs and internal policies to verify compatibility with the mandatory legal regime.
- Ensure equal pay and progression for fixed-term and permanent workers.
- Avoid specific entry category regimes associated solely with the type of contract.
- Seek legal advice in case of doubt or need for contractual adaptation.
Labour Department
Hugo Martins Braz | Mariana Lacueva Barradas | Catarina Almeida
