New changes to the remote working regime in Portugal

On 3 November, Portugal introduced several changes to the exceptional measures to control the COVID-19 pandemic, including amendments to the remote work regime, making it, as a rule, mandatory.

This obligation applies to all companies with premises in the areas considered as high risk from an epidemiological standpoint.

Employers must embrace and foster remote work whenever the employees’ duties, living conditions, and tasks allow a remote work setup. Employees who cannot perform their duties remotely because of inadequate technical or housing conditions must inform the employer in writing why they cannot work remotely.

The employer must prove that the employee’s duties are not compatible with a remote work regime or that the implementation’s minimum technical conditions are lacking. If an employer assesses that remote work conditions are not met, it must inform the employee.

The employer must provide its employees with the necessary equipment and working tools for remote work.

Employees on a remote work setup enjoy the same rights and face the same obligations, particularly concerning regular working hours and other working conditions such as pay, health, and safety conditions.

Companies engaging the services of temporary employees or contractors must also adopt the remote work regime.

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