{"id":3754,"date":"2022-11-16T12:12:07","date_gmt":"2022-11-16T12:12:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-29T23:00:00","slug":"the-right-to-rest-in-portugal-main-aspects-to-be-taken-into-consideration","status":"publish","type":"publicacion","link":"https:\/\/belzuz.com\/en\/publicacion\/the-right-to-rest-in-portugal-main-aspects-to-be-taken-into-consideration\/","title":{"rendered":"The right to rest in Portugal – main aspects to be taken into consideration"},"content":{"rendered":"

\n\tThis month, the <\/strong>\tof Belzuz Abogados, S.L.P. is focusing on a current and extremely important topic, which is related to the delimitation of the working time, for the protection of the worker’s health (physical and mental), which has a reflect on the performance, motivation,
\n\tand productivity.<\/p>\n

As the non-compliance with the rules on workers’ rights in this matter may generate several consequences for employers, it is important to take into consideration the main rules on this subject:<\/p>\n

Maximum limits on the normal working period<\/strong><\/p>\n

As a rule, the normal work period cannot exceed 8 hours per day and 40 hours per week. However, the normal daily work period of an employee, who exclusively works on weekly rest days of most of the employees of the company or establishment, may be increased
\n\tup to 4 hours per day.<\/p>\n

This limit may be reduced by collective bargaining agreement (“CBA”), which may not result in a reduction of the worker’s pay.<\/p>\n

It should be noted, however, that the duration of the work can be defined in a variable manner, namely through the adaptability regime (in which the normal working period is defined in average terms, within a reference period), or even exceed the above-mentioned
\n\tlimits, under the exemption from working hours regime, overtime, or under the concentrated working hours regime.<\/p>\n

Rest break<\/strong><\/p>\n

It is a rest period or pause for workers (e.g. a period during which they are not working, directly or indirectly) and the duration of which must not be less than 1 hour nor more than 2 hours, in order to avoid employees to provide more than 5 consecutive
\n\thours, or 6 consecutive hours if the period is longer than 10 hours.<\/p>\n

This rest period can be reduced or even eliminated, whenever it is in the worker’s interest or is justified by the special working conditions of certain activities. In this case the reduction \/ elimination must be requested by the employer and authorised
\n\tby the Portuguese Authority for Working Conditions.<\/p>\n

On the other hand, a CBA may allow the provision of work up to 6 consecutive hours, and the rest pause may be reduced or increased.<\/p>\n

Daily rest<\/strong><\/p>\n

Employees are entitled to a rest period of, at least, 11 consecutive hours between 2 consecutive daily working periods (this rule is not applicable in certain situations, such as, for example, in the case of an employee holding a management or executive
\n\tposition or with autonomous decision-making powers, who is exempted from working hours).<\/p>\n

The daily rest period may also be increased by a CBA.<\/p>\n

Weekly rest period<\/strong><\/p>\n

Employees are entitled to, at least, 1 day’s rest per week, which may not coincide with Sunday in certain activities (e.g. in a company which is not required to close or suspend operations on a full day per week, or which is required to close or suspend
\n\toperations on a day other than Sunday).<\/p>\n

A complementary weekly rest period, continuous or discontinuous, may be established by CBA or employment contract.<\/p>\n

Holidays<\/strong><\/p>\n

Employees are entitled to an annual paid holiday period of 22 working days, which is due on 1st January of each calendar year and relates to the work performed in the previous calendar year.<\/p>\n

In order to safeguard (on a stricter way) the workers’ rest periods, since January 2022, the Portuguese Labour Code determines that the employer has the duty to refrain from contacting the employee during the rest period, except in situations of force
\n\tmajeure. In addition, it determines that any less favourable treatment given to an employee, namely in terms of working conditions or career progression, because of exercising the right to a rest period, constitutes a discriminatory action.<\/p>\n

The <\/strong> of Belzuz Abogados, S.L.P.
\n\thas experience and qualified professionals to provide information and clarification on the rules to be followed regarding maximum working limits, as well as to advise companies on the best working time organisation model for their business.<\/p>\n

\n

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