Working Hours & Attendance Policy (Portugal)

Working Hours & Attendance Policy (Portugal)

Introduction

This Working Hours and Attendance Policy outlines the mandatory rules, standards, and procedures that apply to all employees working in Portugal. It is aligned with the Portuguese Labour Code (Código do Trabalho) and ensures that the company follows legally compliant practices regarding working hours, breaks, overtime, attendance tracking, and rest periods. The purpose of this policy is to promote fair working conditions, protect employee well-being, and establish uniform expectations for attendance and work schedules.

Scope

This policy applies to all employees, including full-time, part-time, contract, remote, temporary, and internship-based workers operating under the company within Portugal. It covers regulations related to standard working hours, flexible arrangements, overtime, night work, rest periods, attendance recording, and employer obligations under Portuguese law.

1. Standard Working Hours

  • Maximum 8 hours per day
  • Maximum 40 hours per week

2. Work Schedules & Attendance

  • Employer must provide schedules in advance.
  • Maintain records of attendance and working hours.
  • Daily rest: Minimum 11 consecutive hours.
  • Weekly rest: Minimum 1 full day (normally Sunday).
  • Meal break: Minimum 1 hour.

3. Flexible or Adapted Working Hours

  • Flexibility is allowed via agreements or collective bargaining.
  • Hours may exceed daily/weekly limits provided the average remains within legal limits over the reference period.

4. Overtime (Horas Extraordinárias)

Allowed in cases of increased workload, urgent company needs, or force majeure.

4.1 After the first 100 hours of overtime per year the Overtime rates are as below.

4.2 Overtime Rates

  • On regular working days:
    • First hour: +50%
    • Subsequent hours: +75%
  • On weekly rest days or public holidays:
    • 100% pay

5. Night Work

  • Defined as work between 22:00 and 07:00.
  • Employees receive +25% additional pay unless otherwise covered by collective bargaining.

6. Record-Keeping Requirements

  • Employers must maintain detailed records of working hours, overtime, rest periods, night work, and attendance for labour authority compliance.

7. Remote Work Attendance

  • Same rules apply as onsite employees.
  • Working hours and attendance must be recorded through approved digital systems or verified timesheets.

8. Violations & Penalties

  • Non-compliance may lead to fines and penalties issued by the Labour Authority (ACT).
  • The company may also face legal consequences in case of repeated violations.