Portugal: remote work to be available to employees with children under 8, provided it is shared between men and women

Currently parents in Portugal may do their job remotely until their child reaches the age of three, and their employer cannot prevent them from doing so. The government is now planning to extend access to this benefit to parents with “children under the age of eight and children with disabilities or chronic illnesses”, according to a bill presented to social partners on 22 July. However, to enjoy this right to work remotely, telework must be “compatible” with the role performed and must be performed by both parents, so as to not lead to inequality between men and women. The measure is in line with Article 9 of the EU directive of 20 June 2019 (see article n°11231), under which workers with children under the age of eight (as well as carers) should be guaranteed access to flexible working or remote working arrangements. This directive must be transposed into Portuguese law by August 2022. Details of the implementation of the bill are expected to be set out in September.