Government measures in key jurisdictions 5th edition - Flipbook - Page 106
Portugal
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Simplified support for microenterprises for the maintenance of job positions: a new
simplified support measure was made available by the Portuguese Government for micro
enterprises in a situation of business crisis situation (decrease in revenues of 25% or more) that
have previously accessed the simplified lay-off regime or the progressive resumption of activity
measure. The financial support is granted by the IEFP, I.P., upon presentation of the application,
paid in phases over 6 months.
Specifically, the payment translates in 2 instalments that coincide with the quarters of 2021,
upon verification of the situation of business crisis of the company. The support translates into 2
minimum monthly salaries guaranteed, i.e., Ä1,330, per employee who was covered in 2020 by
the extraordinary support to maintain the employment contract or by the extraordinary support
for the progressive resumption of activity.
106
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Protection of employment: under the above mentioned support measures, as well as in the
following 60 days, the employer may not terminate the contracts of employees covered by
such measures, under collective dismissal and dismissal for termination of the
job. Notwithstanding the discussion that has taken place regarding the possibility of executing
settlement agreements based on objective reasons (e.g., based on the possibility to promote job
extinction or collective dismissal), pending the support measures or within 60 days thereafter, it
is recommended that companies do not take this risk (at least until the legislation approved
regarding support is changed and this hypothesis is taken into consideration).
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Justified absences and possibility for employees to execute their activity through telework:
Immunosuppressed employees and those with chronic disease who, according to the guidelines
of the health authority, should be included in risk groups (in particular cardiovascular patients,
those with chronic respiratory disease, cancer patients and those with renal insufficiency), may
justify their absence from work by means of a medical declaration, provided that they cannot
perform their activity in a telework regime or through other forms of activity (as this is
mandatory, in accordance with the applicable legislation in force). The medical declaration
referred to must attest the health condition of the employee that justifies his special protection.
Also, taking into account the current closure of schools, absences from work due to urgent
assistance to a child under 12 years of age or, regardless of age, with a disability or chronic
illness, resulting from the suspension of school and non-teaching classroom activities, are
considered justified without loss of rights, except as to remuneration, and are entitled to
financial support in the amount of 66% of their salary (with a minimum limit of Ä665 and
maximum of Ä1,995), paid in equal parts by the employer and the Social Security. Contrary to
what happened before, when those who teleworked could not access this support measure, the
Portuguese Government has conceded that, in certain situations (single parent household,
household with a disabled dependent, with proven incapacity equal to or greater than 60%,
regardless of age), the teleworker may interrupt the exercise of his or her activity to provide this
assistance to the family, receiving the support provided for this purpose (in certain cases
increased up to 100%, in the portion paid by the Social Security). This option must be
communicated to the employer 3 days before the interruption date. Nowadays, the telework
regime is mandatory, regardless of the employment relationship, whenever the functions in
question allow it and the employee has the conditions to perform them, without the need for a
written agreement between the employer and the employee. Additionally, in companies with
establishments in territorial areas where the epidemiological situation justifies it, as well as in
districts considered by the Directorate-General of Health as high, very high and extreme risk,
there is a specific teleworking regime. The rule continues to be the same (telework regime is
mandatory) but, exceptionally, when the employer considers that the conditions for the
development of telework are not met, the employer must communicate his decision to the
employee, duly justified and in writing, and it is up to the employer to demonstrate that the
functions in question are not compatible with the teleworking regime or the lack of adequate
technical conditions for its implementation. The employee may, within 3 working days after the
employer’s communication, request the Portuguese Labor Authority to verify the requirements
and facts invoked by the employer.
Government measures in key jurisdictions
