Night work in Portugal has their own rules, which aim to protect workers and ensure fair conditions for those who perform their activity at night. The legislation defines this type of work, regulates its schedules and provides for an increased payment, but also imposes some limitations. Learn now more about night work.
What can be considered night work?
According to the law, night work is considered to be one that is performed in a period with a minimum duration of seven hours and a maximum of eleven hours, and should always include the interval between midnight and five in the morning.
The exact period of night work may vary if there is an agreement between the employer and the workers, mediated by an instrument of collective regulation. However, even in these cases, the night time must compulsorily cover the period between 0 and 5 hours.
In the absence of a specific agreement, the law states that night work takes place between 10 pm and 7 am. This time applies generally to all activities that are not contrary to.
The addition for night work
Regarding retribution, the law is clear: according to the provisions of article 266 of the CT, those who work at night are entitled to receive an increase of 25% over the amount paid for identical work done during the day. It is a recognition of the additional effort required by this type of time.
There are, however, some exceptions to this rule. Activities that are performed exclusively or mostly at night, such as shows, public entertainment, tourist establishments, restaurants, bars or pharmacies, can have different conditions. In such cases, the salary increase does not apply the same way.
What is a night worker
Another important aspect refers to the definition of night worker. According to the law, it is considered a night worker who performs at least three hours of his usual time during the night, or who, throughout the year, has a significant part of his work performed at this time.
But, as the law, the law also imposes added responsibilities to the employer. One is the obligation to ensure free and confidential health examinations to night workers before starting this activity and then, at least once a year.
In addition to annual examinations, the company should evaluate the risks associated with night work, taking into account the physical and psychological condition of workers. This evaluation should be done before the start of activity and repeated every six months, or whenever there are changes in working conditions.
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These measures aim to prevent health problems that may arise due to night time, promoting workers’ well-being. It is recognized that night work can have negative impacts on the body, affecting sleep, concentration and quality of life.
The night work regime aims to find a balance between the need for some activities to function at night and the protection of workers who perform them. The rules seek to ensure that there is fair compensation and that adequate safety and health measures are adopted.
The duty to be informed
It is important for night workers to be informed about their rights so that they may require compliance with the law. Similarly, employing entities must ensure that they comply with all legal obligations to protect the health and safety of their employees.
Night work can be an advantageous option for some people, either by salary additions, or by the possibility of managing the time differently during the day. However, it is essential that this type of work is accompanied by conditions that protect health and ensure the safety of those who perform it.
Conclusion
With these rules, it is intended that night work be fair, balanced and to benefit both workers and employers, contributing to a safer and healthier work environment.
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