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Employers Are Required to Refrain From Contacting Employees on Their Days Off

The new Labor Law Code will now state that teleworking employers have a duty to refrain from contacting their employees during their rest periods (days off), except in situations of force majeure.  Furthermore, “a violation” of the provisions of this article will be considered as a serious offense.” It was also approved that “the worker has the right, outside of working hours, to disconnect all service communication systems with the employer, or not to respond to requests for contact by the employer, without prejudice to the consideration of situations of force majeure, which cannot result in any disadvantage or sanction for the former.”

However, deputies rejected a proposal by the Bloco de Esquerda (BE) that intended to include in the law the right to disconnection, establishing that “the rest period must correspond to a period of professional disconnection, and that any employer contacts would be considered harassment.”

The BE proposal also included that all telecommuting workers should be entitled to a meal subsidy, this was rejected by PS and PSD.

Samantha Gannon

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