Teleworking: do you know your rights and obligations?

Teleworking is an increasingly common reality in Portugal. However, to ensure that this modality benefits both workers and companies, it is essential to understand the associated rights and duties. Let's explore the main rules that define teleworking and how it can be applied fairly and effectively. Read more here.

What is teleworking?

Teleworking is a form of work carried out away from the company's premises, using information and communication technologies. In fact, in order for this system to be valid, the law requires formalisation by means of a written agreement between the worker and the employer. This document must specify aspects such as the place of work, duties to be performed, duration of teleworking and compensation for additional expenses.

Who is entitled to telework?

Not all workers can opt for this modality, but the law establishes certain groups with a guaranteed right to telework, as long as their jobs allow it:

• Parents with children up to three years old (or up to eight years in special situations, such as single-parent families).
• Workers with disabled, chronically ill or oncological children.
• Informal carers recognised by Social Security.
• Victims of domestic violence that require time off work.

For these people, the request for teleworking cannot be refused without a formal and valid justification.

Teleworking rights

Teleworkers have the same rights as their face-to-face colleagues. This includes access to training, promotions and career progression. In addition, the company must compensate additional expensessuch as energy and internet costs.

Another important point is privacy of the worker. Video or sound monitoring is prohibited, unless explicitly agreed and limited to professional matters.

How to apply for teleworking?

To request teleworking, the employee must formally submit the request and agree the terms with the employer. This agreement can be included in the labour contract or established as an addendum. If the request is refused, the worker can turn to the Commission for Equality in Labour and Employment (CITE) or to the courts.

Teleworking: an opportunity for balance

Teleworking offers significant advantages, such as greater flexibility and a better work-life balance. However, it is essential that both parties know and respect their rights and duties. At Serro & Andrade, we help companies ensure compliance with the law by promoting good labour practices. If you have any questions, contact us!