Working on a public holiday often raises doubts about rights and duties, especially when the compensation does not seem fair. Portuguese labor legislation is clear on this matter, but it always depends on the company’s type of activity and the applicable legal framework.
According to article 269, no. 2, of the Labor Code (CT), anyone who works on a public holiday is entitled to compensatory rest equivalent to half of the hours worked or to a 50% increase on normal remuneration, with the choice of modality being made by the employer, unless there is a more favorable collective labor regulation instrument (IRCT).
However, there are sectors and activities where working on holidays is mandatory, in accordance with articles 232, no. 2, and 236 of the CT. This is the case of companies that, according to the specialized economics portal Ekonomista:
- They are exempt from closing one full day a week or having to do so on a day other than Sunday;
- They carry out activities that cannot be interrupted (such as factories, essential services or transport);
- They work on rest days for other workers, such as surveillance, cleaning or security;
- Participate in fairs or commercial exhibitions.
In these cases, the worker cannot refuse to work on a public holiday, as long as he or she receives the compensation provided for by law.
No obligation to work
On the other hand, if the company does not fit into any of these exceptions, the worker is not obliged to work on holidays and, if he does, he is entitled to increased remuneration or corresponding compensatory rest, according to the source previously cited.
Therefore, in the case presented (working on a holiday without paying additional remuneration or taking compensatory rest), the situation is not in accordance with the CT, unless there is a different collective agreement that provides for it.
Worker can refuse
The worker may, in accordance with the , refuse to work on future holidays, as long as he does so with legal grounds and prior communication, respecting contractual duties and the regime applicable to the commerce sector.
In any case, it is important to remember that Portuguese labor law protects the worker, but also values dialogue and good faith between the parties. Before making any decision, it is recommended to request formal clarifications from the employer or, if necessary, contact the Working Conditions Authority (ACT) to confirm the correct application of the rules.
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