24 Νοέ New Law in Portugal 2021
On December 6, 2021, Law No. 83/2021 was published as provided in our previous warning. It changes the rules on remote work and explicitly prohibits employers from contacting workers during their rest period. On 5 November 2021, the Portuguese Parliament adopted an amendment to the Labour Code introducing changes to teleworking. Under the new law, some employees have the right to request telework without the employer being able to object, provided that the activity is compatible with remote work and that the employer has the necessary means and resources. Typically, equipment must be provided by the employer, who must also fully offset the employee`s additional costs, including additional energy and network costs. 5. In November 2021, the Assembly of the Republic, the Portuguese Parliament, voted in favour of adopting an alternative text modifying the country`s teleworking regime by amending the Labour Code (Law No. 7/2009 of 12 February 2009) and Law No. 98/2009 of 4 September 2009.
As of 19 November 2021, the amendments to the Labour Code and Act No. 98/2009 contained in the replacement text had not been published in the Official Gazette of the Republic. Law No 83/2021 entered into force on 1 January 2022. Portuguese Law No. 83/2021 of 6 December 2021 introduced certain amendments to the teleworking (teleworking) regulations in the Labour Code, which entered into force on 1 January 2022. The practice has become more common during the pandemic. Research firm Gartner estimates that remote workers will make up 32% of the global workforce by the end of 2021, up from 17% in 2019. Portugal seems to believe that workers can actually ignore messages from their bosses after work. As of November 2021, the Portuguese Labour Code stipulates that employers are obliged not to contact employees during their rest period, except in cases of force majeure. This is true regardless of whether employees work from home or not.
In addition, companies that violate this right are liable to fines of up to 9690 euros. © Copyright 2021 NPR. All rights reserved. Visit the Terms of Use and Permissions pages of our website in www.npr.org for more information. However, according to the Confederação Empresarial de Portugal (CIP), the solutions adopted by this new law do not correspond to the evolution of labour markets: the question of separation should have been examined in the light of the sector of activity, the nature of the work carried out and the employment contract between the parties. Because there are professions that require a permanent connection and where the availability of labor is essential. In addition, the telework arrangement requires the employer: Have you ever had a persistent boss who keeps messaging you as soon as you leave work or log out? In Portugal, this behaviour is now illegal. Employees also have specific obligations with respect to the telework arrangement. (Art.
169-B, para. 2).) They must inform the company of any malfunction of their telework equipment. (Art. 169-B, paragraph 2 (ca).) They must also follow their employer`s instructions regarding the security of work activity information and follow all instructions regarding the personal use of equipment and systems. (Art. 169-B(2)(b) to (c)) Without a promised directive from the European Commission on how to legislate on the transition to more homeworking, governments` legislative responses have been uneven and fragmented. Working from home can mean never being able to disconnect, and it has become a new normal for most Europeans during the pandemic. While it brought some benefits, it also highlighted a discussion about when the work should end. In our current context, where telework has become an unrecognizable reality of the past, the need to strengthen a number of issues in the Labour Code has already been considered, including the strengthening of privacy and the right to separation. “We need to use common sense,” she says, adding that she doesn`t mind being contacted outside of business hours if it`s an urgent matter. “We have to judge each case on its merits.” Many Europeans have stopped regularly visiting the office since March last year to contain the spread of COVID-19.
Section 3 of the alternative text adds new sections to the Labour Code. Article 166-A provides that workers have the right to telework if telework is compatible with their activity. (Labour Code, art. 166-A (1).) Article 166 stipulates that the implementation of the telework regime is always subject to a written agreement, which may form part of either the original employment contract or an independent contract.