Decreto-Lei n.º 49/2011, de 08 de Abril de 2011
MINISTÉRIO DA ECONOMIA, DA INOVAÇÃO E DO DESENVOLVIMENTO Decreto-Lei n.º 49/2011 de 8 de Abril Face à evolução da actividade turística nos últimos anos, por um lado, e, por outro, à progressiva qua- lificação da população portuguesa com reflexos no mercado de trabalho do sector do turismo, os motivos que em 1982 levaram à regulamentação das profissões de director de hotel, subdirector de hotel e assistente de direcção de hotel, com a definição de requisitos de qualificação para estes profissionais, perderam a sua actualidade.
Com efeito, a par do ocorrido em outras áreas e pro- fissões, face à maior diversidade da oferta educativa e consequentemente de recursos humanos qualificados e tecnicamente aptos para o exercício desta profissão, bem como ao maior grau de exigência de um mercado empregador cada vez mais competitivo, deixa de se justificar a intervenção reguladora do Estado nesta matéria.
O regime em vigor que define os critérios de acesso à profissão de director de hotel, além de excessivamente restritivo, não se enquadra nos princípios orientadores para a regulamentação das profissões resultantes da Re- solução do Conselho de Ministros n.º 173/2007, de 7 de Novembro.
Além disso, de uma análise de direito comparado, re- sulta que a maioria dos Estados membros da União Euro- peia opta pelo acesso livre à profissão.
Não se pretende afastar a necessidade de qualifica- ção dos recursos humanos do sector do turismo, em par- ticular daqueles que exercem as funções de director de hotel, verificando-se, isso sim, que não deve competir ao Estado garantir essa qualificação, para tal bastando o normal funcionamento do mercado de trabalho, com as entidades empregadoras a procurarem, em cada momento, os...
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