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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Revocation of Exemption of Working Hours and Compensation

Precedential Decision by Judiciary or Regulatory Agency

Authors: David Carvalho Martins, Partner and Head of Employment, and Nuno Abranches Pinto, Partner – DCM | Littler

The Supreme Court of Justice issued a decision that is important for employers that implement flextime arrangements. The Supreme Court held that an employer may unilaterally revoke an exemption from working hours and stop paying the special remuneration for the exemption as soon as the situation that led to the work being carried out under the exemption ceases. The employer has a right to take this action regardless of any agreement between the parties.

Employees’ Right to Flexed Time is Limited

Precedential Decision by Judiciary or Regulatory Agency

Authors: David Carvalho Martins, Partner and Head of Employment, and António Monteiro Fernandes, Of Counsel – DCM | Littler

The Appeal Court of Guimarães ruled that employees’ right to a flexed time regime (due to family responsibilities) is limited by the organization’s needs, and that employees cannot impose a fixed schedule on the employer. This ruling encourages negotiation between employers and employees and is a departure from previous court rulings, which had held that workers had an unfettered right to a flexed time arrangement.

International Employment Contracts in Portugal: Mandatory Local Law?

Precedential Decision by Judiciary or Regulatory Agency

Authors: David Carvalho Martins, Partner and Head of Employment, and Tiago Sequeira Mousinho, Associate – DCM | Littler

The Appeal Court of Lisbon issued a ruling with implications for multinational companies. Specifically, the court ruled that Portuguese law applies to employment contracts executed in Portugal, even if the parties choose a different applicable law. This ruling specifically applies to rules on Christmas and vacation allowance, minimum wage, and fair cause for termination, as well as compensation for intermittent employment contracts. The only exception is if a foreign law is more favorable to the employee. This decision reinforces the importance of reviewing the terms of any contract to be executed in Portugal, especially the choice of law clause.