Portugal Bans Contacting Workers Outside Work Hours

New labour laws have been passed in Portugal that prohibit employers from contacting employees by phone, message or email outside of normal working hours.

The new laws follow legislation put forward by the Socialist Party to improve the work-life balance of remote workers.

With COVID-19 causing a rise in home working, there has been increased focus on establishing clear boundaries between work and home life.

To comply with the new law employers must respect the privacy of workers, including periods of rest and family time. Employers will also be prevented from monitoring employees working from home.

Any violation that constitutes a serious offence could result in a fine.

Employees now also have the right to opt-out of remote work or request to opt-in if an arrangement is compatible with their role.

The new law will not apply to companies with fewer than 10 employees and a proposal to include the legal right for employees to switch off work-related devices outside of work hours was rejected by Portuguese MPs.

Portuguese Socialist Party parliamentary leader Ana Catarina Mendes said the new law is an essential move in strengthening the boundaries necessary for a good work-life balance.

“There should be a boundary between the time when an employer’s authority prevails, and the time when the worker’s autonomy should prevail. There should be a boundary between the time in which a worker is a resource in the service of the person paying their salary, and the time in which they should be the owner of a life that is not all about work.”

According to Mendes, the new laws will avoid blurring the boundary between time as a commodity with financial value and time for enjoying life.

National lead for emotional wellbeing at Nuffield Health Gosia Bowling said remote working can provide key emotional wellbeing benefits, such as adopting flexible working patterns to suit individual lifestyles.

According to Bowling, emotional wellbeing support should be adapted to meet the needs of remote workers and it’s up to employers to signpost them.

This could include providing access to Employee Assistance Programmes [EAPs] or remote cognitive behavioural therapy [CBT], which provide direct telephone access to a mental health specialist.

“These sessions allow individuals to speak with a psychotherapist who can help individuals to understand and address unhelpful behaviour and thinking patterns, reduce distress and increase productivity,” Bowling said.

With the new laws also covering practical requirements for working from home, employers must consider important physical and financial factors.Employers are now responsible for providing workers with appropriate tools to work remotely and should reimburse workers for additional expenses incurred while working from home, such as gas or electricity bills.

“Do employees have an ergonomic working set-up and if not, can you support them with equipment to make home-working a sustainable option? This may also include providing a laptop, so you’re not adding [to employees] financial pressures,” Bowling said.