What is the Exemption from Working Hours?
It is a work‑schedule arrangement provided for in Articles 218 and 219 of the Labour Code and in the Public Function Employment Contract Regime. In short, it offers greater flexibility in complying with punctuality obligations.
Who is eligible and how to obtain it?
Any employee may benefit from this exemption, provided it is agreed in writing with the employer or allowed by a collective bargaining agreement or by law, and that it falls within the situations described in Article 218 of the Labour Code.
Modalities of exemption
The employer and employee may choose between three modalities:
- Exemption from the maximum limits of normal working hours.
- An increase in the normal daily or weekly working period.
- Compliance with the normal working period, with freedom to choose starting and finishing times.
Remuneration and rights
Rest periods: The exemption does not undermine the right to mandatory or complementary weekly rest days, public holidays, or daily rest (generally 11 consecutive hours).
Supplementary pay: Employees under this regime are entitled to a salary supplement.
Duarte Marques Mano | [email protected]