Portugal: remote working no longer favoured from 1 June, as phase three of lockdown easing begins

As of 1 June, rules on remote working have reverted to those laid out in the country’s labour code. Under article 166 of the code, remote working must be the subject of a contract between the employer and their employees. The contract must be in writing and may be the subject of an amendment to the existing employment contract. The following information must be included in the contract: a description of the activity and its remuneration, length of working time for the activity covered by the remote working arrangement, a reference to the activity to be performed once the remote working arrangement ends (if the contract continues). The agreement should also provide a framework for the material and logistical means for working remotely: properties and description of the means used, their maintenance, payment of expenses associated with the use of equipment to perform a function. Amid the ongoing coronavirus pandemic, there are several exemptions from the requirement of a written contact, such as parents of children under 12 years of age, due to the closure of schools. Ambiguity surrounding the payment of a meal allowance, which was authorised during lockdown under article 169 on equal treatment of workers, has not been resolved, with some employers having decided to suspend payment of this allowance. Since widespread remote working has been a somewhat new experience in Portugal, the country’s government is considering a review of its existing framework.