Madalena Caldeira analyses the possible transposition of labour law changes to the public sector | ECO

Madalena Caldeira stresses that any alignment between regimes must be approached with caution, taking into account the specificities of the public sector.

The possibility of applying to the public sector measures recently discussed within the framework of labour law — such as individual hours banks and more restrictive rules on breastfeeding — is generating debate among experts, who acknowledge both the potential for harmonisation and the risks associated with an automatic transposition between regimes.

In her analysis, Madalena Caldeira underlines that convergence between the private sector and Public Administration may contribute to greater legislative coherence and regulatory simplification. Nevertheless, she warns that such alignment must be carefully considered, bearing in mind the particularities of public employment relationships, namely in terms of work organisation and the protection of workers’ fundamental rights.

With regard to individual hours banks, the lawyer recognises that this mechanism may introduce greater flexibility in working time management, but cautions against the risk of weakening the balance between professional and personal life, particularly in a context where the employee’s position may be more vulnerable vis-à-vis the public employer.

As for the stricter rules concerning breastfeeding, Madalena Caldeira considers it essential to ensure that any legislative changes do not represent a step backwards in the protection of parenthood. She therefore argues that any transposition of such rules should be accompanied by effective safeguards to protect workers’ rights, in line with constitutional principles and the European framework.

In this context, Madalena concludes that the possible extension of these measures to the public sector should be seen as part of a broader process of reviewing and modernising the public employment regime, which requires a careful balance between administrative efficiency and the protection of workers.

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