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Portugal has returned to the confinement, now with more restrictive and serious measures! It’s time to go home, but telecommuting is not always seen with the best eyes. Many employers consider that the worker “earns less” at home, something that is not always the case.
Did you know that workers can request a computer and Internet from the company to work from home?
After all, what is telecommuting? The employer must make the tools available to the worker.
Teleworking, remote work or remote work is a practice of remote work, for example, from home, which is carried out autonomously, with the use of communication tools and digital collaboration between the entities involved (companies, employees and customers).
These days, there are hundreds of tools at your disposal that allow you to: communicate and manage teams, hold and schedule meetings with employees or clients, teach remotely, share and create collaborative documents, etc. There are very different solutions, the difficult thing will be to choose the most appropriate to your reality, because there are no shortage of options! Therefore, we have created a list with some of the tools that could be useful to start teleworking and keep your team 100% functional.
The decree establishes that the employer must provide work equipment
In accordance with Decree No. 3-A / 2021, which regulates the state of emergency decreed by the President of the Republic, Article 5 defines the rules for teleworking and deferred organization. According to the decree ...
1 - It is mandatory to adopt the teleworking regime, regardless of the employment relationship, the type or nature of the legal relationship, provided that it is compatible with the activity carried out and the worker has the conditions to exercise it, without the need for an agreement by the parties .
2 - Teleworkers have the same rights and duties as other workers, without reduction of salary, under the terms established in the Labor Code or in an applicable collective regulation instrument, that is, with regard to the limits of the normal working time. And other conditions of work, safety and health at work and repair of damages derived from an accident at work or professional illness, maintaining the right to receive the expired food allowance.
3 - The employer must provide the work and communication equipment necessary for the provision of teleworking work.
4 - When said availability is not possible and the worker consents, teleworking may be carried out through the means available to the worker, the employer being responsible for the adequate programming and adaptation to the needs inherent to the provision of teleworking.
5 - The company that uses or is the final beneficiary of the services provided is responsible for ensuring compliance with the provisions of the previous paragraphs, with the necessary adaptations, to temporary workers and service providers that are giving activity to these entities .
6 - The provisions of the preceding paragraphs do not apply to workers in essential services covered by article 10 of Decree-Law No. 10-A / 2020, of March 13, in its current wording, as well as to the integrated in the establishments referred to in section 4 of article 2 of Decree Law No. 79-A / 2020, of October 1, in its current wording, so teleworking is not mandatory.
7 - For the purposes of this article, it is considered that the functions are not compatible with the activity carried out, namely, in the following cases:
a) Workers who provide face-to-face assistance, under the terms of article 31;
b) Workers directly involved in the Portuguese Presidency of the Council of the European Union;
c) Workers for whom it is determined by the members of the Government responsible for the respective services, under the respective management power.
8 - Whenever it is not possible to adopt the teleworking regime, regardless of the number of workers, the employer must organize the entry and exit times of the workplaces in a deferred manner, as well as adopt the technical and organizational measures that guarantee the distance . physical protection and protection of workers, applying, with the necessary adaptations, the provisions of articles 3 and 4 of Decree Law No. 79-A / 2020, of October 1, in its current wording.
As mentioned in point 3, the employer must provide the work and communication equipment necessary for the provision of telework. If the worker needs a computer and the Internet, the employer must provide these tools.
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