Changes to the Work Reorganization Measures: New Telework Rules
EA BriefEmployment and Labour Law
06 November, 2020Decree-Law No. 94-A / 2020, of 3 November, was published, which alters the exceptional and temporary measures relating to the pandemic of the disease COVID-19.
The adoption of the teleworking regime becomes mandatory, regardless of the employment relationship, whenever the functions in question allow it and the worker has conditions to execute them, without the need for a written agreement between the employer and the worker.
Exceptionally, when the employer considers that these conditions are not met, the employer must inform the employee of his decision, in good reason and in writing. The worker may, in the three working days following the communication from the employer, make a request to the Authority for Working Conditions in order to verify the requirements for mandatory teleworking and the facts mentioned by the employer. Thereafter, the Working Conditions Authority will consider the matter subject to verification and decide within five working days.
The employer must make available the work and communication equipment’s necessary for the provision of teleworking. When such availability is not possible and the worker consents to it, teleworking can be carried out through the means that the worker has, with the employer being responsible for programming and adapting to the needs inherent to the provision of teleworking.
Workers who are unable to perform teleworking duties must inform the employer in writing of the reasons for their impediment.
Teleworkers have the same rights and duties as other workers, with no reduction in retribution, while maintaining the right to receive the meal allowance that was already due.
This regime applies to companies established in the territorial areas where the epidemiological situation justifies it, defined by the Government, regardless of the number of workers, as well as to workers who live or work there.
Constitutes a serious infringement the violation of the mandatory teleworking for non-exception cases; the non-written and non-reasoned communication of the decision of not meeting the norms to implement the teleworking regime to the worker; as well as the non-compliance with the Working Conditions Authority decision regarding compliance with the teleworking regime.
The diploma came into force on October 4, 2020.
