Teleworking and labor conditions in Portugal
| Autor | Duarte Abrunhosa E Sousa |
| Cargo | Lawyer, Researcher at the Center for Legal and Economic Research. Faculty of Law of the University of Porto |
| Páginas | 50-55 |
IUSLabor 2/2017
TELEWORKING AND LABOR CONDITIONS IN PORTUGAL
Duarte Abrunhosa E Sousa
Lawyer, Researcher at the Center for Legal and Economic Research
Faculty of Law of the University of Porto
Introduction
Telework’s legal framework in Portugal is very comprehensive and innovative. So, there
is a good legal structure to support the common use of telework. However, it was only
introduced in the Portuguese Labour Code in 2003. Presently is regulated by articles 165
to 171 of the Labour Code in force60.
Even thought we might expect that an effective legal framework should promote the
massive use of telework, there is no causal link with the practical use of this form of work.
In fact, Portuguese statistics suggest a very low use of telework in employment
relationships. The recent numbers presented by the Green Book on Labour Relations
indicate a decrease of telework in Portugal from 2010 to 201461:
On the other hand, numbers presented by EUROFOUND shown that 1,8%62 of
Portuguese labour force admitted that have worked in telework for at least 25% of their
working hours, while only 0,4%63 assumed working almost exclusively in telework64. So,
the use of this form of work is almost inexistent.
60 The Portuguese Labour Code can be consulted with all the changes in the Labour Inspectorate’s website:
http://www.act.gov.pt/(pt-PT)/Legislacao/Codigodotrabalhoatualizado/Paginas/default.aspx.
61 The Green Book on Labour was promoted by the Employment Secretary of State in 2016 and published
in December. This document contains other relevant statistics on Portuguese labour market and regulation
and can be accessed free on the following address: http://www.portugal.gov.pt/media/26493126/20170324-
mtsss-livro-verde-1.pdf.
62 In the same circumstances, the EU average rate was 7% in 2010.
63 The average full teleworkers in EU countries was 1,7% in 2010.
64 These numbers were presented in the r eport “ Telework in European Union”, 2010, p. 5, in
https://www.eurofound.europa.eu/observatories/eurwork/comparative-information/telework-in-the-
european-union. In this report it’s clear that Portugal is one of the countries with smallest telework rates.
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