The bad weather that is felt, especially in the Algarve, is causing various inconvenience. According to Civil Protection, and according to, until 10 pm on Thursday, 296 occurrences related to adverse weather conditions were recorded. Among flooded streets, suppressed transport and closed schools, many workers may even be unable to attend the workplace. But can these absences be justified and paid?
Workers’ rights in the face of bad weather
The adverse weather conditions provided for by the Portuguese Institute of Sea and Atmosphere (IPMA) for the coming days continue to raise doubts about workers’ rights. Many companies have encouraged their employees to choose teleworking whenever possible. However, not all professions allow this flexibility, and there are those who do not have adequate conditions to work remotely. Thus, the question arises: Who cannot attend work due to bad weather can be penalized?
According to Deco Proteste, “workers who are prevented from reaching the workplace because of a storm can justify the lack.” In addition, the organization clarifies that “this lack cannot determine the loss of compensation.” The entity recalls that the Labor Code provides that absences motivated for reasons not attributable to the worker are considered justified.
The legal perspective on the faults
According to, lawyer Luís Gonçalves da Silva has no doubt that “the lack is justified for people who present a valid reason for this”, such as the lack of transport or the closing of roads due to bad weather. However, it points out that the final decision is up to the employer, who should evaluate each case with common sense.
This specialist in Labor Law argues that “the law considers the faults for facts not imputable to the worker, provided that it shows that it had no safe way to move to work. The lawyer even suggests that some companies could create their own transport mechanisms for employees in exceptional situations.
Divergences in legal interpretation
Lawyer Susana Afonso Costa has a different view. For her, “these cases are too specific to find a concrete legal figure.” It stresses that justified absences are clearly defined in the Labor Code and that “this situation does not fit any of them.”
Although authorities may recommend that people avoid leaving home, the expert recalls that “a recommendation does not be equivalent to a legal framework.” Thus, it is up to the employer to decide whether or not to accept the justification of the absence.
Despite the absence of a specific norm for these circumstances, the lawyer recognizes that “the law cannot predict all situations.” Therefore, it advises workers to communicate the impediment to the employer and to present evidence of the difficulties faced.
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The importance of formal justification
Luís Gonçalves da Silva clarifies that workers should inform the company as soon as possible about the impossibility of attending work. If necessary, they can prove to the municipal authorities or transport companies.
This document may be essential if the employer requires formal justification. The lawyer explains that “the worker communicates to the employer the reason and, if he requests a proof, it is up to the worker to obtain it for the next 15 days.”
Possible legal resources
If the employer refuses to accept the justification presented, the worker may resort to the authority for labor conditions (ACT). “The worker can complain to ACT if the company does not consider the justification valid,” reinforces the jurist.
In these situations, a mediation mechanism may be triggered to avoid conflict between the parties. Luís Gonçalves da Silva mentions that “arbitration centers and public mediation systems can help solve this type of disputes”.
Guarantee of equality in treatment
An important aspect to consider is the need for equitable treatment among workers. “The company cannot accept the justification of one employee and refuse to another under identical circumstances,” says the lawyer.
In the Labor Code, Subsection XI establishes the reasons for justified lack, including death of family members, illness, accident or compliance with legal obligations. Susana Afonso Costa recalls that “these situations related to the weather conditions are not expressly provided for in the legislation.”
The interpretation of the law for these situations
However, some experts consider that the impossibility of providing work due to an external factor can be framed in the justified absence category. “The lack can be accepted if it is proved that the worker had no alternative to move,” admits the jurist.
The essential thing is that the worker acts proactively, communicating the situation to the employer and gathering all the necessary documentation to justify the absence. Thus, you can minimize the risk of seeing your absence considered unjustified.
Although legislation does not directly cover this kind of situations, common sense should prevail. Both employers and workers should look for balanced solutions to deal with the unforeseen events caused by bad weather.
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