Shift work is a reality for thousands of Portuguese, covering sectors as diverse as health, industry, restoration or commerce. It implies times that escape the traditional daytime and requires an adaptation of the personal and family rhythm. This form of work organization can, however, bring additional rights to workers, such as the shift allowance, provided for in the Labor Code.
When work entitles the subsidy
According to a site specializing in human resources, Human Resources, the shift allowance consists of a salary supplement to compensate for workers who perform functions at different times, either in the private sector or in the public.
As referred to in Article 268 of the Labor Code, if the employer does not comply with this right is committing a serious offense.
To be entitled to the subsidy, at least one of the workers’ shifts must coincide with night periods, in whole or in part.
According to the same code, night work is considered to be the one that runs between 10 pm and 7 am, especially when the worker meets at least three hours within the interval between midnight and 5 hours.
Those who meet daily shifts from seven to 11 hours that include this period falls as a night worker, explains the site specializing in economics and finance, idealistic.
Calculation of shift allowance
Article 266 of the Labor Code states that the allowance corresponds to an increase of 25 percent over normal remuneration equivalent to daytime work.
This value can be replaced by means of a collective labor regulation instrument (IRCT), by alternatives such as reducing the normal working period or a fixed increase in base remuneration, provided that it does not impair the worker.
Exceptions to the rule
There are situations where the 25 percent supplement does not apply, according to the same code. Even happens when the function is predominantly exercised at night times, such as restoration, pharmacies, tourist enterprises or shows, or when the law requires to function at certain times. Nor does it apply when the remuneration already considers the fact that the work is provided by shifts.
Shift types and impact on subsidy
The shift allowance varies according to the type of shift. The idealist distinguishes total shifts, when working day is divided into three periods, and partial shifts, with only two.
There is also the weekly shift, from Monday to Friday, and the extended weekly shift, which includes weekends. The permanent shift covers every day of the week, whole or partially, and may imply different adjustments in the subsidy.
Subsidy and remuneration
The shift allowance is part of the remuneration subject to taxes and counts for the calculation of the reform, according to the Labor Code. This complement, as it refers to, is a worker’s right and not an optional employer benefit.
Knowing these rules ensures that the remuneration corresponds to the extra effort required for those who work by shifts, allowing you to verify that the contract and the expiration receipt reflect what is legally planned.
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