News
The introduction of the continuous working day regime in Portugal’s private sector, scheduled for January 2027, raises questions about the procedures employers will need to follow when assessing requests submitted by employees.
In comments to ECO, Pedro Antunes, Partner and Head of the Labour practice at CCA Law Firm, examines the main shortcomings of the legislation approved by Parliament, particularly the absence of a statutory deadline for employers to respond and of expressly defined grounds for refusing requests.
In this context, Pedro Antunes notes that the legislation “leaves considerable uncertainty regarding the procedure and the criteria for assessing requests”, as the new Article 56-A of the Portuguese Labour Code does not establish a specific procedure for handling them.
He emphasises that, although the general principles of good faith, equality and non-discrimination continue to apply, the lack of clear rules governing employers’ responses may create difficulties in implementing the regime.
The article also addresses the operational challenges that this working time arrangement may present for certain sectors, particularly those involving customer-facing services, shift work or uninterrupted production processes.
Pedro Antunes warns that the legislation provides no specific guidance on how to reconcile the exercise of this right with employers’ organisational requirements, potentially making its practical implementation more complex.
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