Contingency situation entries into force: these are the labor measures already disclosed
Labor and Employment Law Alert Portugal
The Portuguese Official Gazette (Diário da República) has published the Resolution of the Council of Ministers nº 70-A/2020 declaring the contingency situation throughout national mainland territory and ordering the adoption and, in some cases, renewal of exceptional measures for combatting COVID-19. These measures include changes in the remote work regime and how work is organized, which will be in force as from September 15, 2020.
Remote work regime
The remote work regime continues to depend on agreements between the employer and employee, as established in the Labor Code. However, exceptions are established to this obligation to reach an agreement, and the remote work regime can be imposed by the employer or employee.
When requested by the employee, and to the extent the duties they perform thus allow, remote work regime is mandatory in the following situations:
Employees who, through a medical certificate, are covered by the exceptional protection regime for the immuno-compromised and those suffering chronic conditions (as defined under Article 25.º-A of Decree-Law 10-A/2020).
Employees with disabilities, to an extent equal to or greater than 60%.
Any other cases established under the Labor Code.
Remote work regime is also mandatory, if the duties of the employee thus allow, when the physical space and organization of the work of the company do not allow the guidelines of the General Health Directorate (Direção-Geral de Saúde (DGS)) and the Working Conditions Authority (Autoridade para as Condições do Trabalho (ACT)) on the matter to be met if all the employees are working on site. In this case, remote work regime is mandatory (independently of any agreement), to the extent strictly necessary for ensuring the fulfillment of the aforementioned guidelines of the DGS and the ACT on this matter. When choosing which employees should do remote work and which employees should work on site, objective, measurable and non-discriminatory criteria should be used.
Other aspects regarding the organization of work
In those situations in which a remote work regime is not adopted in the terms established in the Labor Code, within the maximum limits of the normal work period and respecting the right to daily and weekly rest established by law or in the applicable collective bargaining agreement (instrumento de regulamentação coletiva de trabalho) (IRCT), the following measures for the prevention and mitigation of risks arising from COVID-19 may be implemented, in particular:
The adoption of daily or weekly rotation systems for employees between remote work and attending the usual place of work;
Different start and end timetables;
Different break and meal timetables.
The introduction of these measures must comply with all the procedures established in the employment legislation to this end, and will be mandatory in the Metropolitan Areas of Lisbon and Oporto, unless this is clearly impractical.
 The Lisbon metropolitan area consists of the following municipalities (cfr. schedule II of Act nº 75/2013, of 12/09): Amadora; Cascais; Lisbon; Loures; Mafra; Odivelas; Oeiras; Sintra; Vila Franca de Xira; Alcochete; Almada; Barreiro; Moita; Montijo; Palmela; Seixal; Sesimbra and Setúbal.
 The Oporto metropolitan area consists of the following municipalities (cfr. schedule II of Act nº 75/2013, of 12/09): Arouca; Espinho; Gondomar; Maia; Matosinhos; Oliveira de Azeméis; Paredes; Oporto; Póvoa de Varzim; Santa Maria da Feira; Santo Tirso; São João da Madeira; Trofa; Vale de Cambra; Valongo; Vila do Conde and Vila Nova de Gaia.