Portugal: Decent Work Agenda New Regulation
The Decent Work Agenda consists of a reform of labour relations that includes measures to improve working conditions and, simultaneously, facilitate the conciliation of employees' professional and family life.
It was published in the Official Gazette the Decree-Law no. 53/2023, of 3 July, which regulates the Decent Work Agenda.
The Decent Work Agenda was approved by Law no. 13/2023, of 3 April and consists of a reform of labour relations that includes measures to improve working conditions and, simultaneously, facilitate the conciliation of employees' professional and family life.
The Decree-Law no. 53/2023, of 3 July, object of the present publication, aims to regulate the social support dimension of the Decent Work Agenda.
To this regard, the following amendments are of particular note:
1. Protection of young working students
Young working students and young students who work during school holidays may now accumulate remunerations with survivor pensions.
2. Parenthood protection
Decree Law no. 89/2009, of April 9, which regulates parenthood protection and sets out Social Security’s different allowances modalities, is amended as follows:
i) The exception to the current limitation to the recognition of the right to the allowances provided for in said Decree-Law in the case of beneficiaries who are prevented or totally inhibited from exercising parental power is reconfigured, with the mother now being entitled to take 42 consecutive days of initial parental leave following childbirth;
ii) In case the parents, after having taken 120 consecutive days of initial parental leave, have opted to cumulate, on each day, the remaining days of the leave with part-time work, it is established that the beneficiaries shall be entitled to the corresponding initial parental benefit
iii) The exclusive initial parental allowance of the mother shall now be granted, compulsorily, for a period of 42 consecutive days after childbirth;
iv) The periods of attribution of the exclusive initial parental benefit of the father are reconfigured as follows:
a) 28 days of compulsory enjoyment, consecutive or interpolated of at least 7 days, of which 7 taken consecutively immediately after the birth and the remaining 21 in the 42 days following this.
b) 7 days of optional enjoyment, consecutive or interpolated, provided that they are taken simultaneously with the mother's initial parental leave.
v) Adoption allowance shall now include not only the initial parental benefit but also the exclusive initial parental benefit for the father and the extended benefit, and shall also apply to foster families.
vii) The extended parental benefit can now be granted to both parents simultaneously;
viii) Both the initial parental benefit and the extended parental benefit shall benefit from an increase to 90% and 40% of the remuneration respectively, when parental responsibilities are effectively shared;
ix) The initial parental benefit corresponding to the period of initial parental leave and the extended parental benefit corresponding to the period of extended parental leave may now be cumulative with work income.
3. Sickness protection
In situations of temporary incapacity for work recognized immediately after a situation of illness, self-declared by the employee, under oath, in light of article 254 no. 5 of the Labour Code, the number of days stated in the declaration issued by the digital services of the National Health Service or the digital service of the regional health services of the Autonomous Regions shall be deducted from the three-day waiting period for the start of payment of sickness benefit.
This Decree-Law shall enter into force on 6 July 2023 and shall take effect on 1 May 2023.