Littler Global Guide - Portugal - Q1 2020

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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COVID-19: Extraordinary and Urgent Measures

New Legislation Enacted

Authors: Ricardo Grilo, Senior Associate and Gonçalo Machado dos Santos, Junior Associate - Garrigues Portugal SLP Sucursal

In response to the COVID-19 outbreak, Portugal’s government approved a set of measures. Effective March 15, 2020, government-mandated measures include: (1) preemptive isolation for 14 days for employees; (2) no waiting period for employee sick pay; (3) removal of guarantee period for childcare allowances for dependents; (4) absences from work due to unavoidable childcare shall be considered justified and the employee should report the absence under article 253 of the Labor Code; (5) the employee is entitled to receive monthly support equal to two-thirds of their salary; (6) family support for the self-employed; (7) work from home requests may be determined by the employer or requested by the employee without the need for agreement of the parties; and (8) creation of an extraordinary professional training support for employees without work for considerable periods, whose companies have been seriously affected by COVID-19.

COVID-19: State of Emergency Declaration

New Legislation Enacted

Authors: Ricardo Grilo, Senior Associate and Gonçalo Machado dos Santos, Junior Associate - Garrigues Portugal SLP Sucursal

To implement the government’s declaration of the State of Emergency, which is applicable throughout the national territory, on March 20, 2020, the government published Decree-Law no. 2-A /2020, placing various restrictions, including: Patients with COVID-19 and those infected by SARS-Cov2 must be in mandatory confinement; individuals over 70 and those who are immunosuppressed have a duty of retreat to their own homes, with exceptions such as purchasing goods and services and traveling for health reasons. Additionally, all other citizens are subject to a general duty of home retreat, except for traveling to care for family members and purchasing goods and services. During the State of Emergency, recreational activities, cultural and artistic activities, sports activities, and other like services are suspended. The State of Emergency shall not suspend essential public services, employees’ access for conservation and security purposes, retail, activities for high performance athletes, and restaurant services.

COVID-19: Exceptional and Temporary Protection Measure for Employers and Employees

New Legislation Enacted

Authors: Ricardo Grilo, Senior Associate and Gonçalo Machado dos Santos, Junior Associate - Garrigues Portugal SLP Sucursal

To mitigate the economic impact of the COVID-19 outbreak, Decree-Law no. 10-G/2020, published on March 26, 2020 and effective until June 30, 2020, established various exceptional and temporary measures to support employers and employees. A simplified lay-off procedure through an electronic application filed with the Social Security services is available for companies that implement a total or partial closure either due to a duty to close, or due to a total or partial stoppage resulting from the interruption of global supply chains, the suspension or cancellation of orders, or the abrupt and sharp drop of business. Employers also may be eligible to receive extraordinary financial support to help normalize the company’s activities. Employees may be eligible to receive compensation for reductions of the working periods or suspension of their employment contracts. Employers’ applications must be supported with documentary evidence, including certifications, accounting balance sheets, cancellations of orders, list of employees, etc. Entities receiving support may be inspected a posteriori. Failure on the part of the employer or the employee to comply with their respective obligations arising from benefiting from these support measures shall result in the termination of the same and the repayment in full or in part of the amounts received or exempted.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.