It is often thought that, as long as properly justified, work faults do not bring any consequences to the salary. But it’s not quite. Portuguese labor legislation establishes very specific rules regarding absences and not all justified absences maintain the right to retribution.
According to the Authority for Labor Conditions (ACT), the loss of salary is a real possibility, even if the reason for the absence is legitimate. The key is in the type of absence and compliance with the formalities required by law.
Mandatory communication, and in advance
According to ACT, when the absence is predictable, it should be communicated to the employer at least five days in advance.
In the case of unpredictable absences, communication should be done as soon as possible, clearly and with concrete justification.
There are still specific situations with its own deadlines. For example, if the worker is a candidate for a public office and missing during the legal period of the election campaign, he must inform the employer with a minimum of 48 hours in advance.
Justified, but without salary?
Not all justified absences guarantee payment. According to ACT, absences due to illness, occupational accident, family care or other law may not be paid, even when justified.
In these cases, the worker may be entitled to subsidies or social security benefits, but not necessarily the full salary.
According to the same source, prolonged absences may also imply the suspension of the employment contract, with a direct impact on retribution and service time count.
What if the fault is not communicated?
Justified absences that are not communicated within legal deadlines are no longer considered as such and is unjustified.
In these cases, in addition to the loss of salary, the worker may face disciplinary consequences, since the duty of attendance is violated.
ACT also explains that when successive absences, it is necessary to renew communication with the employer, even if the absence implies suspension of the labor bond.
What happens to unjustified absences?
The law is clear: faults without valid justification or compound communication result in the loss of corresponding remuneration and do not count for the purposes of seniority.
Worse yet, they can be classified as a serious infraction, especially if they occur with holidays or days of rest, aggravating the financial impact.
Did you arrive late? May not work
In the case of presentation to the service with unjustified delay, the employer has autonomy not to allow work to provide this shift.
If the delay is more than 60 minutes, the entrance can be refused all day. For delays of more than 30 minutes, the employer may dispense with the worker from the missing period.
How to avoid salary cuts?
To avoid penalties, the worker must strictly comply with the deadlines and forms of communication provided for in the Labor Code. It underlines that, whenever possible, the absence must be documented with proof of the reason, whether medical certificate, official statement or other valid document.
Ultimately, what distinguishes a paid absence from a non -paid absence may just be the way it was communicated.
At a time when administrative rigor at work is increasingly valued, it is not enough to miss with justification. It is necessary to ensure that communication is done properly, on time and with valid tests. Otherwise, the salary discount may be inevitable, even when the reason for the absence seems legitimate.
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