With Law No. 83/2021 of December 6, the equality of rights and duties between teleworkers and on-site workers was reinforced.
2022/03/02
Key Changes in Telework Rights
The pandemic triggered major legislative updates. Before Law No. 83/2021, essential aspects—such as employee consent or prior notice for home inspections—were not clearly defined.
- Duration: Agreements can now be of indefinite duration (previously capped at three years).
- Equality: Article 169 clarifies that teleworkers must have the same rights and duties as on-site staff.
- Workplace access: Employers must give 24 hours’ notice before visiting a teleworker’s home.
Rights for Parents
Telework is now a right (not just an option) for:
- Parents of children under 3 years old.
- Parents of children up to 8 years old, provided that:
- Both parents can telework and alternate periods of equal duration within a 12‑month window; or
- It is a single-parent household; or
- Only one parent can demonstrably telework. In these situations, employers cannot oppose the request.
Safety and the “Right to Disconnect”
- Safety: Work-related accidents are covered, but the telework arrangement must be formally communicated to the insurer, specifying the place and hours of work.
- Right to disconnect: Employers are prohibited from contacting employees outside normal working hours, except in cases of force majeure.
Note on emails: Opinions differ. While the DGAEP considers that sending an email is not a violation if no immediate response is required, some experts argue that it still undermines the necessary psychological separation between working time and rest time.
Ana Catarina Dias | [email protected]
Duarte Marques Mano | [email protected]
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