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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New Special Measures Aiming to Mitigate Spread of COVID-19

New Legislation Enacted

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

Resolution of the Council of Ministers No. 92-A/2020 extends the declaration of public emergency due to COVID-19 to the entire Portuguese territory. Among other things, the resolution creates exceptions allowing the employer or the employee to implement remote work regime unilaterally (without mutual agreement of the parties). Further, Decree-Law no. 94-A/2020 of 3 November introduced some amendments to the exceptional and temporary measures relating to the COVID-19 pandemic.

COVID-19: Implementation of Mitigation Measures

New Legislation Enacted

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

In line with the declaration of the state of emergency, the government implemented various measures to mitigate the spread of COVID-19. Among others, a measure restricts travel on public roads from 11:00 p.m. to 5:00 a.m. on weekdays and 1:00 p.m. to 5:00 a.m. on weekends (with various exceptions) in 121 municipalities.

Another measure allows the noninvasive taking of body temperature before entering a workplace, facility, health establishment or other structure. Access may be denied to those refusing to submit to the temperature testing or whose body temperature is 38 degree Celsius (100.4 F) or above. A worker who is unable to enter the workplace due to high body temperature will have a justified absence. Persons undergoing body temperature checks have a right to individual data protection and privacy. Other measures include the possibility of requiring diagnostic tests for COVID-19, among others.

Increase of Work Accident Pensions

New Legislation Enacted

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

Ordinance no. 278/2020, of December 4, increases the work accident pensions by 0.7% for 2020. Such increase is retroactive to January 1, 2020, onwards.

Posting of Workers in the Framework of Provision of Services

New Legislation Enacted

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

Decree Law 101-E/2020, of December 7, which entered into force on December 8, 2020, transposed into national law EU Directive (EU) 2018/957 of the European Parliament and of the Council of June 28, 2018, regarding posting of workers in the framework of the provision of services in the European Union. Important amendments were introduced in regard to the posting of workers in Portuguese territory and to the posting of workers to another Member-State by service providers established in Portugal.