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Portugal

4. Teleworking

Policies and procedures for telework once the business reopens.

Amongst the measures taken by the Government is the decision to generalise the recourse to teleworking. At an initial stage – before March 19 - , employers were given the power to unilaterally determine that employees performed their work remotely, from home and employees were granted the option to provide telework, as long as compatible with the tasks performed. Once the state of emergency was declared – starting on March, 19,  And as from the confinement starting point, a general duty to remotely work from home, regardless of the employment relationship was implemented and has been in force, in all cases where such form of work is compatible with the tasks performed. Initially introduced by Decree-Law 2-A/2020, mandatory remote work in such cases remained throughout the two successive state of emergency period renewals that followed and, after that, throughout the calamity situation that followed, and was kept as mandatory until May,  31. As from June, 1, remote work is kept as an option that may be determined by the employer. Remote work (in those same circumstances) must also be adopted at the request of the employee in certain cases (e.g. employees that are included in the COVID-19 risk group, namely, immuno-suppressed and those suffering from chronic disease who, according to the guidelines of the health authority, should be considered at risk, particularly cardiovascular patients, those affected with chronic respiratory diseases, cancer patients and those suffering from renal insufficiency).

Any questions

Ask our member firm Morais Leitão in Portugal