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The Government decided to proceed with an exceptional and transitory labor reorganization regime to minimize the risks of transmission of covid-19 in the workplace, which will be added to a whole set of measures created within the scope of the state of contingency that begins today.
In the case of the metropolitan areas of Lisbon and Porto, this regime will be mandatory, “unless it seems manifestly impractical”. The idea is that people enter and leave work at different times, and that shift work and telework, with mirrored teams, are privileged. The Government sent a draft diploma to the social partners that establishes the new regulations
What companies are covered?
The statute establishes that these norms must be applied in the workplace, “including common areas, support facilities and access areas”, where 50 or more workers are provided at the same time.
How should working hours be designed?
The entries and exits should be done in a staggered manner, by groups of employees. The same will apply to breaks or shift changes, that is, an alternation of rest breaks should be implemented, even for meals, between teams or departments, in order to safeguard social distance between workers. The minimum intervals between teams should be 30 minutes to an hour.
Should teleworking be promoted?
The Government wants companies to implement technical and organizational measures that guarantee physical distance and the protection of workers and avoid crowds. Therefore, stable work teams must be established, so that contact between workers occurs only between workers on the same team. In this sense, shift work should be promoted and, “whenever the nature of the activity allows it, teleworking”.
What workers are covered?
All those who work in that workplace, both those who have a dependent employment contract, those who have green receipts or even those who are only temporary workers. The diploma foresees that people who are carrying out “preparatory or complementary work that, by their nature, can only be carried out outside the operating or work period of the company” are also included.
Can the company unilaterally modify the schedules?
Yes, but after consulting the workers covered by the measures and the workers’ committee or, failing that, the union or inter-union commission or union delegates. The new schedules must be published at least five days before the start of their application.
Can the worker refuse to change the schedule?
Yes, in specific cases. Right away if it causes you a “serious injury”. On the other hand, if the worker has dependent children under 12 years of age, they may not accept it either, and the same is true for underage workers.
What other exceptions are there?
Pregnant, postpartum and lactating workers and workers with reduced work capacity, disability or chronic illness are also exempt from working according to the new hours established by the employer when they may jeopardize their health or safety at work.
Who monitors compliance with the rules and what fines are expected?
The inspection will be in charge of the Working Conditions Authority, which, understanding that the companies are in arrears, may impose fines that can vary between 2,040 and 61,200 euros.
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