The Labor Code in Portugal establishes that there are days that are considered a compulsory weekly rest. However, there are several exceptions to this rule, and it is important to understand the rights and duties of those who see in the situation of working on ‘rest days’.
Sunday, compulsory rest day
In general terms, Sunday is the day intended for the rest of workers, being a standard stipulated by the Labor Code. However, there are cases where this day can be worked without the employer being penalized for it. Sunday can be replaced by another day of the week or even considering a business day for certain types of professional activities.
Exceptions to the rule: who can work on Sunday
It foresees some situations in which the worker will not have Sunday as a rest day. These exceptions apply, for example, to continuous companies or sectors, which are dispensed with suspending the activity for a full day. In these cases, as happens in the health sector or in the continuous production industries, where the activity cannot be interrupted, Sunday can be considered a business day.
In addition, there are other situations where work on Sunday is necessary and allowed, such as fairs, exhibitions or surveillance and cleaning activities. In these cases, weekly rest can be enjoyed another day, according to the organization of the activity and the needs of the service.
These exceptions are provided for in Law No. 59/2008, article 166 (4), which defines specific situations in which weekly rest days may stop coinciding with Sunday and Saturday. Among the cases covered are workers in services that cannot be interrupted, those who perform cleaning services or preparatory work on the rest of the rest, as well as those who perform vigilance, transportation and treatment of security systems.
Also included are activities developed in exhibitions and fairs, inspection services to activities that operate on the weekend and other cases provided for special legislation.
In these contexts, workers can be called to perform duties on Sunday without being entitled, therefore, to any salary increase. This is because, in these situations, the Labor Code already allows Sunday to be considered a business day of work, not implying, in itself, the obligation to pay additional payment.
Work on Sunday: What should you receive?
- Supplementary work up to 100 hours: If the worker is called to work on Sunday and he is considered his mandatory rest day, the employer must pay an increase of 50% over the amount of schedule, for every hour or fraction of work
- Supplementary work over 100 hours: If the worker has already exceeded 100 hours of supplementary work, the employer will be required to pay an increase of 100% over the amount of schedule, for every hour or fraction of hour.
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Compensatory rest or addition of retribution
When work on Sunday is not compensated with a salary increase, the worker is entitled to compensatory rest. This rest should correspond to half the number of hours worked on Sunday or, alternatively, the worker may receive a 50% increase over the value of his return.
The choice between one way and another is up to the employer, and resting rest is a frequent practice, as it allows the worker to recover the time dedicated to work on a day that, usually, would be rest.
Pursuant to article 166 (5) of Law No. 59/2008, when the nature of the body or service requires it, the complementary rest can be fractioned or adjusted according to the organization of working time. These adaptations always guarantee the right to rest, respecting the balance between the professional activity and the personal life of the worker.
Holiday on Sunday: Now what?
The issue about the holiday that pits on a Sunday is equally pertinent. The worker in this case is entitled to compensation if he is called to work. If the holiday coincides with Sunday and the worker is working, he will be entitled to receive additional compensation.
In case of working on a holiday, the Labor Code provides that the worker is entitled to extra payment. This payment can be made through an increase of 100% over the value of time or, in some situations, through compensatory rest.
What doesn’t change even on holiday
Although the general rules on work on Sunday are clear, there are some exceptions that keep workers with little differences between the holiday and the usual Sunday. For example, in some specific sectors, such as commerce or hospitality, you can work on both Sundays and holidays without a major change in compensation.
It is important that the worker is aware of his employment contract and the conditions that are stipulated in it, as there may be particularities that define the treatment of holidays and Sundays differently from what is foreseen by the Labor Code.
Importance of knowing your rights
Knowing what your rights are essential to ensure that work on a Sunday or holiday is properly offset. Portuguese legislation protects workers on these rest days, but it is also essential that they understand the specificities of their activity sector.
If in doubt, it is always advisable to consult a Specialized Lawyer or the Authority for Occupational Conditions (ACT), to obtain more detailed clarifications and ensure that it is receiving the rights to which they are entitled.
The worker is entitled to financial compensations or compensatory rest when he works on Sunday, whether he is a holiday or not. However, in sectors where Sunday is considered a business day, the worker may not be entitled to these additions. The most important thing is to understand the applicable legislation and, if you have questions, seek specialized support to ensure that your rights are respected.
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