Definition and agreement
According to the Labor Code (Article 165), as amended by Law No. 83/2021, remote working is work performed under a subordination regime, without a fixed workplace, using information and communication technologies. The agreement must be in writing, either within the employment contract or as a standalone document.
Duration and termination
- Fixed term: Maximum of 6 months, automatically renewable unless either party gives 15 days’ notice.
- Indefinite: May be terminated by either party with 60 days’ written notice.
- Trial period: Either party may terminate the agreement within the first 30 days.
Expenses and equipment
Employers must provide the necessary equipment and systems. If the employee uses their own equipment, its characteristics and the cost-sharing arrangements must be agreed. The employer is only liable for additional costs arising from telework (for example, if the worker already had home internet, the employer need not pay the entire bill, only the incremental cost linked to telework).
Workers with children
- Under 3 years: Employees have the right to telework if their role is compatible and the employer has the necessary resources.
- Up to 8 years: The right to telework applies in specific situations, such as single‑parent households or where both parents can alternate telework periods.
Right to disconnect
Under Article 199‑A of the Labor Code, employers must refrain from contacting employees during their rest periods, whether they work remotely or on‑site.
Duarte Marques Mano | [email protected]