For many workers, a holiday is synonymous with rest. However, not everyone has this privilege. There are sectors that cannot stop, such as health, food or other services considered essential. According to the Human Resources website, which specializes in finance and human resources, it is not always possible to force an employee to work on these days, but there are rules that determine when this can happen.
When is it mandatory to work
Most companies are required to close or suspend activity during mandatory holidays, as established in articles 232 and 236 of the Labor Code. Only in very specific situations is the worker required to be present.
These include companies exempt from closing for one full day per week, those that must close on a day other than Sunday, activities whose operation cannot be interrupted, surveillance or cleaning services, and companies that participate in fairs or exhibitions.
If the company you work for does not fit into these cases, then there is no legal obligation to work on public holidays. According to the same source, when there is normal work on these days in companies that are not exempt from suspending activity, the Labor Code provides for compensation.
Forms of compensation
The employer can choose between granting compensatory rest or paying a salary increase. In the first case, the hours worked on the holiday entitle you to additional rest equivalent to half the time worked.
For example, eight hours worked entitles you to four extra hours of rest. In the second hypothesis, the salary is increased by 50 percent for each hour of service provided, transforming, for example, five euros per hour into seven euros and fifty per hour.
The regime is different for overtime. If the worker works overtime on a holiday, he or she is entitled to both increased pay and paid rest, which must be taken within three days. The Labor Code, article 268, guarantees this right, applicable to all workers who agree to work overtime on these days.
Rights even without working
Even if the worker is not present on the holiday, he or she does not lose pay. Each employee is normally paid for the day, even if the company is closed, assures Human Resources.
On the other hand, municipal holidays or dates such as Carnival Tuesday do not, as a general rule, result in any additional payment, unless there is a contractual agreement or collective labor regulation instrument that provides otherwise.
Mandatory holidays in Portugal
The Labor Code also establishes which are the mandatory holidays in Portugal: January 1st, Good Friday, Easter Sunday, April 25th, May 1st, Corpo de Deus, June 10th, August 15th, October 5th, November 1st, December 1st, December 8th and December 25th.
As mentioned by , working on these days requires attention to compensation and rest rules, as the law protects the worker’s rights while guaranteeing the functioning of essential activities.
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