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Portugal - Working time - 2011


LAST UPDATE

21 February 2011.
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SOURCES


Name of Act

Labour Code (Lei n°7/2009, 12 Fevereiro- Diário da República, IS, n°30, of 12/2/2009, Aprova revisão do Código do Trabalho (Rectificada pela Declaração de rectificação n°21/2009, de 18 de Março)

Name of Act

Law Decree 235/92 on Domestic Work contract (Decreto-Lei 235/92, sobre Contrato de Trabalho Doméstico).

LEGAL DEFINITIONS


Working time/working hours

It is considered working time any period during which the employee performs the activity or performs a service. Working time also includes interruptions and rest periods.
Labour Code §197(1)
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Overtime/overtime work

Work performed beyond the limits of or normal length of working time.
Labour Code §226(1)

Part-time work(er)

Part-time work is work performed on a period of time that is shorter that the normal one (working days or working hours)
Labour Code §150(1)

Night work(er)

Night work is work performed between 12pm and 5 am. It is considered a night worker, the worker who performs at least 3 hours during the night period. Collective agreements can determine the period of night work, and if not it will be the period between 10 pm and 7 am.
Labour Code §223(1,2)

Shift work(er)

Pattern of work organization in which different employees succeed each other in the same jobs, when enterprises exceed the 8 hours limit per day. Workers can performe the same work during different working time during some days or weeks.
Labour Code §220, 221(a)

Flexitime

Work in which the worker can determine his or her daily hours, within certain limits.
Labour Code §56(2)

Domestic worker

A domestic worker performs a payed activity on a regular basis, under the direction and authority of an employer, activities designed to satisfy specific needs or specific to a household, or equivalent, and their members, namely: Preparation of meals, washing and treatment of clothes, cleaning and tidying the house, taking care of children, treatment of domestic animals, gardening services, sewing and other activities devoted usages and customs;
Law Decree 235/92 on Domestic Work contract (Decreto-Lei 235/92, sobre Contrato de Trabalho Doméstico) §2(1,a,b,c,d,e,f,g,h)

NORMAL HOURS LIMITS


Daily hours limit


General limit

8 hours per day.
Labour Code §203(1)
Historical data (year indicates year of data collection)
  • 2009: 8 hours per day.
  • 2007: 8 hours

Exceptions

The 8 hour limit can be increased by collective agreement for voluntary and charitable activities or activities closely linked to the public interest or in the case of intermitent work or simple presence.

Where these activities are of an industrial nature, weekly working time cannot exceed an average of 40 hours per week.

Employers can request that certain workers be exempted from the hours limit, including:
(1) managerial and supervisory workers;
(2) workers in jobs that involve preparatory or complementary work that, by its nature, can only be performed outside of normal working hours;
(3) workers who regularly work outside of the workplace and are not subject to direct supervision.

Collective agreements can also authorize other exceptions, with the agreement of the individual employee concerned and after notifying the labour inspectorate.
Labour Code §210(1,a,b,2), 218(1a,b,c)

Special categories


» Night work

Minimum of 7 hours and maximum of 11 hours per day.
Labour Code §223(1)

» Shift work

8 hours per day.
Labour Code §221(1)

» Young workers

8 hours per day and if they are under 16 year of age they can only perform 7 hours of work.
Labour Code §73(1,3)

» Domestic work

No specific daily limit is established for domestic workers. However a daily rest period is conceeded to live-in domestic workers. Art. 14, Law Decree 235/92.

Weekly hours limit


General limit

40 hours per week (not including overtime). Maximum hours, including overtime, per week is 48 hours.
Labour Code §203(1), §211
Historical data (year indicates year of data collection)
  • 2009: 40 hours per week (not including overtime). Maximum hours, including overtime, per week is 48 hours.
  • 2007: 40 hours

Exceptions

The employer and employee may by agreement average the normal working time, provided that daily normal working hours are not exceeded by more than 2 hours daily, up to a weekly maximum working time of 50 hours. A collective agreement can increase the daily working time by up to 4 hours, up to a weekly working time of 60 hours and a maximum of 50 hours in average per 2-month period. The reference period amounts to 4 months in general, and may be increased up to 12 months by collective agreement.

The 40 hour limit can be increased by collective agreement for voluntary and charitable activities or activities closely linked to the public interest or in the case of intermittent work or a matter of simply being present.

Where these activities are of an industrial nature, working hours cannot exceed an average of 40 hours per week.
Labour Code §205, 207, 210(a,b)

Special categories


» Young workers

40 hours (16 and over) and 35 hours per week for young workers under 16 years of age.
Labour Code §73(1,3)

» Domestic work

Domestic workers can perform until 44 hours of work per week.
Law Decree 235/92 on Domestic Work contract (Decreto-Lei 235/92, sobre Contrato de Trabalho Doméstico) §13(1)

OVERTIME WORK


Criteria for overtime


General

The employer may request that overtime work be performed in the following cases:

in order to cope with temporary increases in workload which do not justify hiring additional employees.

"force majeure" or when it is essential in order to prevent or repair serious risk or damage to the enterprise or ensure its viability.

Maximum hours, including overtime, per week is 48 hours.
Labour Code §227(1,2); §203(1), §211

Worker`s influence

As a rule, employees are obliged to work any overtime which their employer requires them to do within the terms of the law, unless they expressly request dispensation and have justifiable reasons for doing so.
Labour Code §227(3)

Limits on overtime hours


General limits

The following limits apply where the overtime is performed in response to a temporary increase in workload:

2 hours per day and:
175 hours per year (small enterprises)
150 hours per year (medium and large enterprises)

Time-off equal to normal daily hours (weekly rest days and public holidays)
Labour Code §228(1,a,b,d)
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Historical data (year indicates year of data collection)
  • 2009: The following limits apply where the overtime is performed in response to a temporary increase in workload: 2 hours per day and: 175 hours per year (small enterprises) 150 hours per year (medium and large enterprises) Time-off equal to normal daily hours (weekly rest days and public holidays)
  • 2007: The following limits apply where the overtime is performed in response to a temporary increase in workload: 2 hours per day and: 175 hours per year (small enterprises) 150 hours per year (medium and large enterprises) Time-off equal to normal daily hours (weekly rest days and public holidays)

Restrictions/exceptions

Overtime work can be extended to 200 hours per year by collective agreement.
Labour Code §228(2)

Compensation for overtime work


Compensatory rest

Compensatory time off equal to 25 per cent of the hours of overtime done on normal working days, public holidays and additional weekly rest days.

One full compensatory rest day must be granted for overtime performed on a weekly rest day. The rest period is to be granted in the next three working days.
Labour Code §229(1,3,4), §232, §233

Special categories


Young workers

Young workers may not perform overtime work. If the worker is 16 years old (or older) he can perform overtime work when it is essential to prevent or remedy serious injury to the company, due to unforeseeable events or exceptional circumstance. On the following days, a compensatory period of rest has to be given.
Labour Code §75(1,2,3)

Pregnant workers/recent birth

Pregnant workers and who are breastfeeding, are entitled to refuse to work overtime hours.
Labour Code §46

Disabled workers

DIsabled workers may not perform overtime.
Labour Code §88(1)

Parents

Women with children under 12 years of age and fathers on paternity leave can refuse to work overtime hours.
Labour Code §46

REST PERIODS


Rest breaks


General provisions

Rest breaks are all the periods of time in which workers are not performing work.

They benefit from a rest break of a minimum of one hour and a maximum of two hours.

Workers may not work more than five hours without a rest break.
Labour Code §199, 213(1,2)
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Historical data (year indicates year of data collection)
  • 2009: Rest breaks are all the periods of time in which workers are not performing work. They benefit from a rest break of a minimum of one hour and a maximum of two hours. Workers may not work more than five hours without a rest break.
  • 2007: Workers may not work more than five hours without a rest break. They benefit from a rest break of a minimum of 30 minutes and a maximum of two hours.

Exceptions

By collective agreement, rest breaks may be extended, reduced or cancelled and the worker can perform until 6 hours of work.

It is not allowed to change the rest break in the previous which involves more than six consecutive hours of work, except in the case of operational staff of security, transportation and processing of electronic security systems and industries where the working process cannot be interrupted on technical grounds and, as well as for employees occupying positions of management and direction and other persons with autonomous decision who don’t have a from work schedule.
Labour Code §213(2)

Special categories


» Young workers

Young workers under 16 years of age may not work for more than 4 hours without a rest break of one or two hours. Workers over 16 years of age.

They must benefit from a minimum rest break of one hour and a maximum of 2 hours.
Labour Code §77

» Domestic work

The worker who lives in the workplace is entitled to enjoy meal or rest breaks, without prejudice to the functions of monitoring and assistance to the household.
Labour Code §14(1)

Daily rest periods


Duration

After their daily work, workers must have an uninterrupted rest period of at least 11 hours.
Labour Code §214(1)
Historical data (year indicates year of data collection)
  • 2009: After their daily work, workers must have an uninterrupted rest period of at least 11 hours.
  • 2007: After their daily work, workers must have an uninterrupted rest period of at least 11 hours.

Exceptions

The entitlement to a rest period does not apply in the following cases:
(1) upper management and autonomous decision-making employees;
(2) force majeure
(3) work to prevent or repair severe accidents or damage to the enterprise;
(4) cleaning tasks;
(5) where production or services have to be continuous, provided staff benefit from compensatory rest.
Labour Code §214(2,a,b,c,d)

Special categories


» Young workers

After their daily work, young workers under 16 years of age must have an uninterrupted rest period of at least 14 hours, and of at least 12 hours if they are 16 years of age or over.
Labour Code §78(1)

» Domestic work

Domestic workers who live in the house are entitled to a daily rest period of at least 8 consecutive hours that can only be interrupted in unforeseen or force majeure cases, or has been hired to assist sick people or children under 3 years.
Law Decree 235/92 on Domestic Work contract (Decreto-Lei 235/92, sobre Contrato de Trabalho Doméstico) §14(2)

Weekly rest periods


Duration


Duration


» General

Workers are entitled to 1 day of weekly rest break. This weekly rest must, in principle, be cumulated with the daily rest period of 11 hours.
Labour Code §232(1), 233(1)
Constitution of Portugal: §59(d)
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to 1 day of weekly rest break. This weekly rest must, in principle, be cumulated with the daily rest period of 11 hours.
  • 2007: 1 day This weekly rest must, in principle, be cumulated with the daily rest period of 11 hours.

» Exceptions

In addition to this day, another half or full day of weekly rest may be granted under instruments in collective agreements.
Public servants - 2 days
2:§206
3: § 9

Day specified


» General

Sunday.
Labour Code §232(2)

» Exceptions

Exceptions are allowed when the workers serves a) a company or business sector required to terminate or suspend the operation of a full day per week, or that is required to terminate or suspend the operation on days other than Sunday or b) in business or sector of business which would not be stopped, c) activity that must take place on rest of the remaining workers, d) activity or cleaning; e) fair or exhibition

Work on weekly rest day


» Criteria

Exceptions to the prohibition of work on Sundays may take place if the establishment is authorized not to close or suspend its operations or if the normal running of the enterprise cannot be carried out on another day of the week inter alia guarding and cleaning work or when otherwise provided by a specific legislation.
Labour Code §232(2)

» Compensation (for working on a rest day)

Employment contract or collective agreement can establish a period of compensatory rest, continuous or not.
Labour Code 232(3)

Special categories


» Young workers

2 consecutive days after one week of work.
Labour Code §79(1)

» Domestic workers

Live-out domestic workers are entitled to enjoy a weekly rest day. The parts can agree on the enjoyment of an additional half a day or full day of rest. The weekly rest day shall coincide with Sunday, unless there urgent situations in the household.
Law Decree 235/92 on Domestic Work contract (Decreto-Lei 235/92, sobre Contrato de Trabalho Doméstico) §15(1,2,3)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

Workers are entitled to payed holidays which are mandatory and have a minimum duration of 22 working days.
Labour Code §237(1,3), 238(1)
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to payed holidays which are mandatory and have a minimum duration of 22 working days.

Schedule and splitting

The employer and the worker may agree on the period of the annual leave. In a small or medium enterprise, the employee can only schedule his period of holidays between 1 May and 31 October. The period of the annual leave can also be splitted but the employer has to take at least 10 consecutive days.
Labour Code §241(1,3,8)

Special categories


» Domestic work

Domestic Workers are entitled to 22 payed working days, to enjoy annual leave. The worker is also entitled to a special payment which should be equal to his normal salary and payed in the begining of the annual leave.
Law Decree 235/92 on Domestic Work contract (Decreto-Lei 235/92, sobre Contrato de Trabalho Doméstico) §16(1)

PUBLIC HOLIDAYS


Number and dates

Workers are entitled to 13 public holidays: 1 January; Mondy Tuesday (optional) Holy Friday, Easter’s Sunday; 25 April; 1 May; Corpus Christi Day; 10 June; 15 August; 5 October; 1 November; 1, 8, and 25 December.
Labour Code §234(1), 235(1)

Work on Public Holidays


» Criteria

In the days considered as public holidays, all the activities that are not allowed on Sundays, have to terminate or suspend work.
Labour Code §23(1)

» Compensation

Work done one public holiday counts as overtime.
Work on public holidays is granted with a premium of 100 per cent of normal wages.
Labour Code §230(3)

PART-TIME WORK


General provisions

Part-time work is work performed on a period of time that is shorter that the normal one (working days or working hours)
Labour Code §150(1)

Right to equal treatment


Right to equal treatment


Right/scope

A part-time worker shall be treated in the same manner as a comparable full-time worker, except when objective reasons justify different treatment.
Labour Code §154(1)

Permissable justification for different treatment

Objective reasons (defined in colective agreements) are permissable justifications for different treatment.
Labour Code §154(2)

NIGHT WORK


Criteria for night work

Night work is work performed between 22h and 07h, in the lack of any collective agreement including the hours mentioned in paragraph 1, of art. 223, from the Labour Code (00h to 05h).
Labour Code §223(2)

Limits


Daily hours limit

The the limits are between 7 hours and 11 hours of work.
Labour Code §223(1)

Schedule

Night work is work perform between 12pm and 5 am.
Labour Code §223(1)

Workers' health

Workers who perform a night work that can be dangerous to their health cannot work more than 8 hours per night. Workers are entitled before the start of their employment and after, and at regular intervals of no less than once a year, to a medical examination.
Labour Code §224(f,g) 225(1)

Transfers

The employer shall, wherever possible, transfer the night worker who suffer from health problems caused by night work, to a suitable daytime position.
Labour Code §225(5)

Special categories


Special categories


Young workers

Young workers under 16 years are prohibited from working between 8pm and 7pm.

Young workers over 16 years are prohibited from working between 8pm and 7am unless it is authorized by collective agreement (but not in the period of 12pm and 5 am or it is justified by the performance of a cultural or artistic activity, sports or advertising, provided that there is an equivalent period of compensatory rest on the following days.

Labour Code §76(1,2,3 a, b))

Pregnant workers/recent birth

It is prohibited to request pregnant workers, breastfeeding women and women within a 112 day period before and after birth to perform work between 8 pm and 7am.
Labour Code §60(1,a,b)

Disabled workers

Disabled workers may not perform night work (between 8pm and 7 am if the work can harm their health or can be unsafe.
Labour Code §87(1,b)

SHIFT WORK


Criteria for shift work

The criteria is when the establishment/enterprise working hours are superior to eight hours.
Labour Code §221(1)

Limits


Daily hours limit

Each shift can be no longer than the regular daily limit established for normal work, that is 8 hours per day.
Labour Code §221(3)

Weekly limit

Employees may be switched to a different shift only after the weekly rest day.

In activities involving continuous work, where a rotating shift system is used, this must be organized so as to ensure that employees have at least one day’s rest every calendar week.
Labour Code §221(3,4)

FLEXITIME


Criteria

Workers with children under 12 years of age or, regardless of age, children with disabilities or chronic illness living with them they have the right to work on a flexible work schedule. That right, can be exercised by one parent or both parents.
Labour Code §56(1)

Limits


Daily hours limit

The daily working time of flexitime workers must be between 6 and 10 hours and not less than one-third of normal daily hours.

Their working hours must include one or two periods that correspond to half of the normal daily hours.
Labour Code §56(3a,b,4)

Rest breaks

Daily rest breaks not more than two hours.
Labour Code §56(3,c)

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Disabled persons, workers with family responsibilities, workers engaged in educational training, have priority to benefit of a reduction of working time.

A part-time worker or a full-time worker may request the employer, to extend or reduce his contractually determined working time. The employer may grant the request in writing.
Labour Code §152(1), 155(1)

Reasons for request


General

Disabled persons, workers with family responsibilities, workers engaged in educational training, have priority to benefit of a reduction of working time.
Labour Code §152(1)

Employer duties

Part-time work:
The employer will consult the worker about his request for a reduction/ extension of working hours. The employer must make part-time work possible for workers, including those in senior positions. He must also inform a worker who has indicated a wish to change the length of contractually determined working time about suitable positions opening up and he must also inform workers¿ representatives about part-time work in the enterprise.
Labour Code §156(1)a),b),c), (2)a),b)

INFORMATION & CONSULTATION


Information

The employer must keep records of working time, including the
workers who are exempt from a working schedule in an accessible way and allowing immediatly consultation.
Labour Code §202(1)

Results generated on: 23rd July 2014 at 20:16:01.
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