In Portugal, a student-worker is defined as someone who is employed under an employment contract and simultaneously attends any level of formal education, including professional training courses lasting at least six months, postgraduate studies, master’s degrees, or doctorates.

The attribution of this status is not automatic. To benefit from it, the student-worker must prove their student status to the employer and present their class schedule. They are required to choose the class schedule most compatible with their work hours. Failure to do so may result in the loss of rights associated with this status.

Additionally, maintaining student-worker status depends on academic performance in the previous school year. Each year, the student-worker must demonstrate to the employer that they either progressed to the next academic year or passed at least half of the subjects (or equivalent modules) they were enrolled in. Lack of academic success results in the termination of the student-worker status.

This status grants specific labour rights to help balance work and study. One key right is the adjustment of work hours, allowing the student-worker to request changes to attend classes. If adjustments are not possible, they are entitled to time off for class attendance without loss of rights, and this time is considered effective work. The period of exemption for class attendance depends on the normal weekly working period of the student-worker, and cannot, in any case, be less than 3 hours per week or more than 6 hours per week.

Still with regard to working hours, it should be noted that the student worker is not obliged to perform overtime, except for reasons of force majeure, nor work under an adaptability regime, bank of hours or concentrated schedule when it coincides with school hours or with an assessment test.

The student-worker is also entitled to justified absences for the provision of assessment tests, and may be absent on the day before and on the day of the test. Without prejudice, justified absences for academic exams may not exceed 4 days per subject in each academic year. For this purpose, an assessment test is considered to be an exam or other written or oral test, or the presentation of a work, when it replaces or complements it and provided that it directly or indirectly determines academic performance.

Another relevant aspect of the student worker regime is the right to special unpaid leave, up to 10 working days per year (consecutive or interpolated). The student worker can also book the holidays according to the school needs, as long as it is compatible with the imperative requirements of the company’s operation.

Without prejudice to the rights indicated above, the student worker is also subject to obligations, under penalty of loss of the respective status. As mentioned above, the student-worker must demonstrate to the employer that he or she obtained academic success in the previous academic year. In addition, and with regard to the right to take unpaid leave, it should be noted that the student-worker must request it from the employer at least 48 hours, 8 days or 15 days in advance, whenever the duration of the leave is, respectively, 1 day, 2 to 5 days or more than 5 days.

The Labor Law Department of Belzuz Abogados, S.L.P. – Sucursal em Portugal has qualified professionals who can provide legal advice to companies to ensure compliance with the rules regarding labour relations with student workers.