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    October 2, 2020
    Reorganization of work after 6 th October

    After several months of pandemic and with the return of part of the population to presencial work, it seemed inevitable the adoption of measures to prevent, contain and mitigate the transmission of the virus at work.

    As a result, DL no. 79-A/2020 of 1st October came into force on the 6th October 2020 and applies to companies in which workplaces 50 or more employees work.
    The logic is that in the private sector, as is already the case in the Public Administration, the employer organizes working time at off-peak times for employees at the workplace, in order to avoid the concentration of people, not only at peak hours, but throughout
    presencial work.

    Thus, it has been established that the time-lag intervals should be set at a minimum of 30 minutes and maximum of one hour. In order to implement the time-lag organization, the employer can now unilaterally change working hours up to a maximum of one hour, unless the employee can claim serious damage.

    However, the emphasis is on stable working hours, the employer being limited to one possible change per week, not exceeding the maximum number of working hours or changing the working type.

    Certain categories of employees, due to their greater vulnerability, are exempted from this regime and do not have to invoke serious damage. This group of employees includes pregnant women, women who have recently given birth or are breastfeeding, minors, employees with reduced working capacity, handicap/chronic illness and employees who are in charge of children under 12 years of age or with handicap/chronic illness.
    It is also envisaged that the employer should set up stable teams so that the same employees have contact with each other in kind of “bubbles” and establishing breaks for rest and alternate meals in the workplace.
    In any case and regardless of the schemes described, preference should be given to teleworking whenever the nature of the activity allows for it (as so far).

    To the extent that physical distance is impossible, the employer should promote the use of appropriate health and safety equipment.
    With regard to temporary work and the provision of services, it is also the responsibility of the user enterprise or the enterprise receiving the services provided to adopt the measures of time-lags and changes in schedules.
    These measures shall remain in force at least until 31 March 2021, depending on the evolution of the pandemic.

    Employment Department
    October 2020

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    Following our previous articles on the recent changes to the Portuguese Law of Nationality, we can now inform that the President of Portugal has now signed off the decree from Parliament that approved the said changes. This was the final act in the legislative process and consequently the law will now be published in the official gazette and become effective.

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    Residency application time will count for the 5 years needed for nationality

    Following our previous article on the changes to the Nationality Law in Portugal, we can now inform that the Portuguese Constitutional Court has just decided, by majority, that such changes do not raise any constitutionality issues.

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