Do you work shifts? Know your rights and when you are entitled to compensation

by Andrea
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Do you work shifts? Know your rights and when you are entitled to compensation

More and more workers in Portugal are adopting shift work. If you’ve been offered this type of schedule, don’t be alarmed: despite the disadvantages, there are also associated benefits. It is important to know the conditions of this regime before deciding. Find out more in this article.

After all, what does shift work mean?

According to article 220 of the CLT, cited by , shift work implies that the employee does not always perform their duties at the same time. Schedules are rotating and can change weekly or monthly. The duration of a shift depends on the type of contract and the company, but the law states that it cannot exceed 8 hours per day and 40 hours per week. In specific situations, such as working on most colleagues’ weekly rest days, the daily limit may increase to 12 hours.

How do shifts work?

Shifts are organized by the employer, which must respect the limits of the law and, whenever possible, consider workers’ preferences to balance personal and professional life.

Between two shifts, the worker is entitled to a minimum of 11 consecutive hours of rest. In addition, you must take at least one mandatory rest day for every seven days of work.

Growth of shift work in Portugal

The number of people working shifts has increased over the years. In 2011, around 600 thousand workers were under this regime. This number rose to more than 725 thousand in 2016 and, in 2019, reached 835 thousand.

However, in 2020, the impact of the pandemic led to a significant reduction in this type of work. In the summer of that year, there were 773 thousand fewer people working shifts, a drop of 7.6% compared to the previous year, according to the National Statistics Institute (INE).

Compensation and shift allowance

The law does not provide for additional payment for those who work day shifts. However, in those that include night shifts (between 10pm and 7am), the worker is entitled to a shift allowance, which corresponds to an increase of 25% of the base pay.

This subsidy is not applicable when:

  • The work is mostly night-time;
  • The salary already includes compensation for night work, as stipulated in the contract.

The subsidy is computed for retirement calculation purposes, as it is part of the remuneration.

Shift worker rights

Those who work shifts enjoy specific rights, including:

  • Mandatory rest: at least one day of rest after six consecutive days of work;
  • Shift change: can only occur after a day of rest;
  • Rest between shifts: right to at least 11 consecutive hours of rest between two shifts.

If these rights are violated, it constitutes a serious offense, subject to legal penalties. If they offer you this type of work, it is essential to find out about the specific conditions and assess whether the regime is compatible with your needs and objectives. Although it is not ideal for everyone, shift work can have advantages, such as greater flexibility in some cases.

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