What is the Remote Work Legislation in Portugal?

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In Portugal we have a special regime for remote work, which was amended with effect from January 2022 (Law 83/2021). This legislation outlines the following regarding remote work: 

  • The employer is responsible for providing tools and equipments. The employee can choose them in agreement with employer, buy them, and be compensated by employer;

  • The employer is required to pay a “remote work compensation” from January 2022, corresponding to additional (home) expenses the employee has due to remote work;

  • There's a new requirement for the employment agreement (EA). The place the employee will habitually perform his work should be stated. This will be considered, for all legal purposes, including for workplace accidents, his place of work; the work schedule; the ownership of the work instruments, as well as the person responsible for their installation and maintenance; the frequency and method of face-to-face contacts;

  • The employer (or director or manager, or any hierarchical superior) should refrain from contacting (by email, phone, or any other, even though some might be more intrusive than others so it has to be analyzed in each case) an employee during rest periods. The burden is on the employer to ensure compliance with the worker’s right to rest and should refrain from making contact which could disturb that right;

  • The employer has the duty to make every effort to reduce the isolation of the worker, promoting, with the frequency established in the telework agreement, or, in the event of an omission, at intervals not exceeding two months, promoting face-to-face contact between the worker and the superiors and other workers.

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