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Teleworking becomes mandatory, whenever possible and without the need for an agreement, in all companies located in the 121 municipalities with the highest risk of contagion by covid-19, starting next Wednesday. But when companies understand that they cannot adopt this modality and if the worker does not agree, it will be up to the Working Conditions Authority (ACT) to check the facts and make a decision within five days.
By making the adoption of telework mandatory for these 121 municipalities, the Government returns to the formula decided in March, when the country was in a state of emergency. But the diploma to which the PUBLIC had access contains some points that are intended to safeguard situations in which workers or employers consider remote work impractical.
As of Wednesday, November 4, teleworking is no longer limited to companies that have 50 or more workers and becomes compulsory in all companies located in the municipalities identified by the Government and also applies to workers who reside or act in these areas, provided that the functions in question allow it and the worker has the conditions to perform them.
The diploma states that a written agreement between the employer and the worker is not necessary. However, in case of conflict, the procedures are different and a written form is required. Thus, if a company understands that the conditions for the adoption of telework are not met, it must communicate it “reasonably and in writing” to the worker, being responsible for demonstrating that the functions are not compatible with this modality or that it does not have “technical conditions minimum ”to do so.
If the employee does not agree with the assessment, he may, within three business days after receiving the communication, request the intervention of ACT, who is in charge of verifying the facts invoked by the company.
The Labor Inspectorate appreciates the matter, subject to verification, and has five business days to make a decision. Previous teleworking or other means of providing remote work and the activity for which the worker was hired will be the factors to be taken into account by ACT in the final decision.
When the worker does not meet the conditions to carry out teleworking tasks, he must inform the employer, in writing, of the reasons for his disability.
The diploma on the table, which modifies Decree Law 79-A / 2020, guarantees that the worker has the same rights and duties as other workers, without a reduction in salary. These rights include the limitation of normal working hours and other working conditions, occupational safety and health, and compensation for damages resulting from an accident at work or occupational disease, as well as continuing to receive food allowance.
In recent weeks, the teleworking modality was different depending on the municipality. In the metropolitan areas of Lisbon and Porto, companies with 50 or more workers should already promote this modality, although they could, alternatively, organize stable work teams by delaying entry and exit times. At the same time, for the municipalities of Felgueiras, Lousada and Paços de Ferreira, telework is already mandatory from October 30.
With the new diploma, it becomes the norm for 121 municipalities and for all companies. At the same time, in those (with 50 or more workers) where teleworking is not feasible (in a factory, for example), employers are still forced to delay entry and exit times if the company is in one of the “Territorial areas in the epidemiological situation justify it”, which currently corresponds to those 121 municipalities.
For companies that are not on the list of risk municipalities, the general teleworking rules provided for in article 166 of the Labor Code apply, which require a written agreement between the worker and the employer (with exceptions, such as when a worker has a child up to three years old and the employer has the resources and means to work remotely when the activity is compatible).
The list of 121 municipalities is published on the Government’s website and can be consulted here.
