PORTUGAL Law and Practice Contributed by: Nuno Ferreira Morgado and Júlia Mendes da Costa, PLMJ
• Those with a child aged up to three years or, irre - spective of age, who is disabled, chronically ill or suffering from an oncological disease, who lives with them in the same household, and the employ - er has the resources and means to do so. • Those with a child aged up to eight years, and the employer has the resources and means to do so (except for micro-company employees), in the fol - lowing cases: (a) when both parents meet the conditions to exercise the activity in telework, provided that it is exercised by both in successive periods of equal duration within a maximum reference period of 12 months; or (b) single-parent families or situations in which only one of the parents demonstrably meets the conditions to exercise a teleworking activ - ity, and who are victims of domestic violence and have verified the conditions for transfer to another workplace or who have the status of non-formal caregivers. The capture and use of images, sound, writing or his - tory, or the use of other means of control that may affect an employee’s right to privacy, are prohibited. Powers of direction and control over the provision of remote work are exercised, in principle, by means of the equipment and information and communica - tion systems allocated to the employee’s activity, in accordance with procedures previously known by the latter and compatible with respect for their privacy. The employer is obliged to carry out health exami - nations at work before the implementation of remote work and, subsequently, annual examinations to assess: • the employee’s physical and mental aptitude to carry out the activity; • the repercussion of the activity and the conditions in which it is provided on the employee’s health; and • the appropriate preventative measures. Furthermore, the employer has the duty to evaluate and control the health and safety conditions at work in the place where the employee carries out their activ -
ity, and to ensure that it complies with the health and safety conditions set by law. 5.2 Sabbaticals Employees are entitled to unpaid leave of over 60 days to attend educational or vocational training. The employer can only refuse to grant such leave in the following cases: • when, in the previous 24 months, the employee has been given appropriate vocational training or leave for the same purpose; • in the case of an employee with less than three years of seniority; • if the employee has not applied for an unpaid leave at least 90 days before it is due to start; • in the case of a micro or small business and if it is not possible to adequately replace the employee if necessary; and • in the case of employees performing manage - rial, supervisory or qualified roles, who cannot be replaced during the leave without causing serious loss to the operation of the business. Apart from this case, the employee does not have a legal right to take unpaid leave, which means that it will be up to the employer to decide whether or not to grant the unpaid leave. The unpaid leave determines the suspension of the employment contract. All the rights, duties and guar - antees of the parties that do not presuppose the actual provision of work remain in force and the time of suspension is considered for seniority purposes. 5.3 Other New Manifestations There are no new manifestations to mention for this jurisdiction.
6. Collective Relations 6.1 Unions
Trade union organisations are entitled to the following. • To negotiate and settle collective labour agree - ments.
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