PORTUGAL Law and Practice Contributed by: Nuno Ferreira Morgado and Júlia Mendes da Costa, PLMJ
1. Employment Terms 1.1 Employee Status
1.3 Working Hours Maximum Working Hours Regular working hours may not be more than eight hours per day or 40 hours per week. Flexible Arrangements Average working hours rules By collective agreements, regular working time may be defined as an average, within a reference period. In this case, the limits on working hours may be increased by a maximum of four hours, provided the weekly working time does not exceed 60 hours, not including overtime worked for reasons of force majeure. The average working time is calculated by reference to the period established in the applicable collective agreement, but cannot exceed 12 months, or, if the agreement makes no such provision, by refer - ence to periods of no more than four months. Exemption from the working hours rules The exemption from working hours rules may be applicable to some specific jobs, such as managerial positions and commercial jobs, as well as to employ - ees working remotely. A proper written agreement is legally required (this agreement can be part of the employment contract, as recommended). Employees exempt from the working hours rules are entitled to an additional pay equivalent to no less than one overtime hour per day (general law). The addi - tional pay can be paid separately or included in the monthly remuneration – in the latter case, this has to be specifically addressed in the written agreement (or in the employment contract). Other flexible arrangements can also be set out in collective bargaining agreements. Part-time contracts A proper written contract is legally required and must contain certain minimum terms. The normal weekly working period is shorter than the one worked by full- time employees. This reduction can be achieved: • by reducing the number of working days per week or month; or • by reducing the daily working time.
There is no legal distinction between blue-collar and white-collar workers as employment law does not include any classification of workers, although spe - cific provisions or protection are applicable to: • workers employed on fixed-term contracts;
• part-time workers; • young workers; and • working students.
Categories of worker based on the different duties and responsibilities are usually set by collective agree - ments. 1.2 Employment Contracts An employment contract is a contract whereby a per - son undertakes, in return for payment, to work for another person or other persons under their author - ity and direction. Offer and acceptance are traditional elements of contract formation and are rarely a source of disagreement. The acceptance of an offer may be implied (notably by performance) or expressed. Employment contracts are not subject to any special form unless otherwise provided for by law. However, the following contracts, among others, must be made in writing: • promissory employment contracts; • fixed-term employment contracts; • employment contracts for foreign workers save as otherwise provided by law; • employment contracts for high management posi - tions (service commission); • secondment agreements; • multiple employer employment contracts;
• part-time employment contracts; • early retirement contracts; and • contracts to loan labour.
Terms and conditions of employment need not be expressly agreed and are governed by statutory pro - visions, collective agreements, work regulations or established practices.
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