Portuguese 
English 
Spanish 
6 min of reading 
0 comments 
Portugal prohibits bosses from contacting employees outside of working hours and turns digital rest into a legal obligation.
Digital rest: In November 2021, the Parliament of Portugal approved a significant amendment to the Portuguese Labor Code, subsequently published as Law No. 83/2021, of December 6, in the context of the reform of the remote work regime. Although this change has often been broadly associated with the debate that would later lead to the Dignified Work Agenda, the rule regarding contact outside of working hours was formalized earlier, through specific legislation. The new rule states that “the employer has the duty to refrain from contacting the worker during the rest period, except in cases of force majeure”, which practically includes messages via apps, calls, emails, and other forms of professional communication outside of working hours.
According to the official text of the Law No. 83/2021, violating this obligation constitutes a serious infraction, consolidating Portugal as one of the countries that transformed the so-called right to disconnect into an objective legal duty imposed on the employer.
The aim of the legislation is straightforward: to ensure that the worker’s rest period is respected not only physically but also digitally, in response to the advancement of remote work and the expansion of instant communication in labor relations. The Dignified Work Agenda, in turn, would only be formally approved later, through Law No. 13/2023, of April 3.
-
77.2% of Brazilians support lowering the age of criminal responsibility and reinforce pressure for changes in criminal legislation in the country, a national survey indicates.
-
The law that many elderly people are still unaware of protects those aged 60 and over against abusive charges from banks, guarantees debt renegotiation, and prevents loans and credit cards from consuming their entire retirement pension.
-
Portugal approves Nationality Law: Brazilians from CPLP will have to live for 7 years to obtain citizenship (waiting for title does not count), rules tighten for children born in the country, Sephardim are excluded, and it awaits a decision from President António José Seguro.
-
Your neighbor is undergoing construction and debris has fallen on your property? This could lead to compensation and make the owner, responsible party, and construction company pay for the damages.
Right to disconnect – digital rest turns rest into a legal obligation for the employer
The central concept of the Portuguese law is the so-called right to digital rest, which is treated as an extension of traditional labor rights. It is not just about ending the workday, but ensuring that the worker is not demanded outside of that period.
In practice, this means that:
- the rest time must be free from professional interference
- the worker is not obligated to respond to messages outside of working hours
- the employer must avoid any contact that characterizes a work demand
This change reflects an adaptation of the legislation to the new dynamics of the market, where constant connectivity has blurred the boundaries between professional and personal life.
Portuguese law emerged in response to the advancement of remote work and hyperconnectivity
The approval of the law is directly linked to the transformations accelerated by remote work, especially after the COVID-19 pandemic. With the digitalization of activities, it became common for workers to be contacted outside of formal working hours.
Studies cited by international organizations indicated that:
- the volume of messages outside of working hours increased significantly
- workers began to face greater difficulty in disconnecting
- there was a direct impact on mental health and the balance between personal and professional life
In light of this scenario, the Portuguese government opted to establish clear legal limits to contain the expansion of the workday beyond contractual hours.
Contact outside of working hours may constitute a labor infraction in Portugal
The legislation is not limited to a recommendation. Non-compliance can be classified as an infraction within labor law, subject to inspection by the competent authorities, such as the Authority for Working Conditions (ACT).
This means that:
- companies can be held accountable for abusive communication practices outside of working hours
- recurring contact can be interpreted as a violation of the right to rest
- there is a legal basis for fines and penalties
The existence of oversight reinforces the binding nature of the norm, differentiating it from internal policies or corporate codes of conduct.
Exceptions exist, but are limited to justifiable situations
The Portuguese law provides for exceptions, but they are not broad. Contact outside of working hours can only occur in situations deemed necessary or urgent, which could not be anticipated or resolved within the normal workday. These exceptions include, for example:
- operational emergencies
- unforeseen situations that directly impact the company’s activity
- events that require immediate action
Even in these cases, the use of the exception must be justified and cannot become a habitual practice.
Rule reinforces boundaries between professional and personal life in the digital environment
The Portuguese legislation represents an attempt to re-establish boundaries that have been weakened by technology. Before the popularization of smartphones and messaging apps, the end of the workday represented a natural disconnection.
With constant digital communication, this limit has become diffuse. The law acts precisely at this point, determining that time away from work should not be invaded by professional demands, regardless of the means used.
This approach broadens the notion of rest, incorporating the concept of digital rest, something increasingly debated in different countries.
Portugal anticipates other European countries by turning disconnection into explicit law
Although the right to disconnect already exists in other countries, such as France and Spain, Portugal has stood out by making the rule more explicit and direct, prohibiting contact outside of working hours in clear terms.
While in some countries disconnection is treated as a general principle, Portuguese legislation establishes:
- direct prohibition of contact outside of working hours
- employer accountability
- inclusion within labor oversight
This level of detail makes Portuguese law one of the most objective in Europe on this topic.
Companies needed to adapt internal processes and organizational culture
The implementation of the law required adjustments from companies operating in Portugal. Internal processes, communication routines, and team management underwent adaptations to avoid infractions.
Among the observed changes are:
- reorganization of email sending times
- definition of communication channels for emergencies
- review of internal remote work policies
These adaptations show how a legal change can directly impact organizational culture and the way companies relate to their employees.
Debate on productivity and competitiveness accompanies the application of the law
Like other stricter labor legislations, the Portuguese law has sparked discussions about its effects on the productivity and competitiveness of companies. Some analysts point out that the measure:
- may improve the quality of rest and, consequently, performance
- reduces the risk of professional burnout
- contributes to more balanced work environments
Others raise questions about operational flexibility, especially in sectors that rely on quick responses.
Global trend points to greater regulation of working hours in the digital environment
Portugal’s initiative is part of a broader movement to review labor relations in a digital context. Countries and international organizations have been discussing ways to protect workers in a scenario of permanent connectivity.
This movement includes:
- recognition of the impact of technology on working hours
- creation of legal limits for communication outside of working hours
- integration between mental health and labor legislation
The Portuguese legislation is one of the most concrete examples of this trend.
Can the advancement of disconnection laws redefine the future of work?
The creation of rules that limit contact outside of working hours raises a central question about the future of labor relations. As technology allows for constant connection, the need to define clear limits to protect rest time grows.
Portugal’s experience shows that it is possible to transform this limit into a legal obligation, altering practices that have become common in the modern corporate environment.
In light of this, the debate arises: could laws prohibiting contact outside of working hours become standard in other countries in the coming years? Share your analysis in the comments.
Seja o primeiro a reagir!