The revision of the labor law returned to the center of political and trade union debate, with the Government once again putting on the table the possibility of recovering the three extra vacation days associated with attendance. The measure is part of the new proposal sent to the social partners and may once again change the annual rest schedule for workers, as long as a specific condition related to the number of absences is met. According to ECO, a website specializing in economics, this replacement is close to the regime that was in force in Portugal until 2012, before being revoked during the troika period.
The proposal comes at a time of greater tension in social consultation, with the UGT asking for more time to negotiate and arranging a meeting with the prime minister to discuss this and other topics of the labor review. Despite this, the Government insists that the discussion is still ongoing and that no decision has been made, stressing that the changes do not change the minimum period of 22 days of vacation defined in the Labor Code.
How the rule proposed by the Government works
According to the same source, the Executive proposes that the annual vacation period can be increased depending on the number of absences recorded in the previous year. The logic is simple: the fewer absences, the more rest days can be added. The three extra days appear as the maximum level, but the increase may be just one or two days, depending on the individual attendance record.
The proposal sent to the social partners defines three levels of increase: three days for those who have up to one absence or two half-days, two days for those who have up to two absences or four half-days and one day for those who register up to three absences or six half-days. According to the publication consulted by ECO, these absences also include days of suspension of the contract due to a fact concerning the worker.
What counts as missing and what is left out
Not all absences are included in these accounts. According to the publication, the Government’s proposal reinforces that parental leave, periods of clinical risk during pregnancy, adoption leave, hospital visits for childbirth or absences to care for a child or grandchild are considered days of actual work. These absences, as they are legally protected, do not affect the right to additional vacation.
The proposal thus recovers a model that already existed in the Labor Code, but which ended up being eliminated with the austerity measures imposed in the past. The Government’s intention is to get closer to union demands and introduce incentives for attendance that do not penalize protected situations.
Can you buy extra vacation days?
Another issue under discussion is the possibility of the worker purchasing additional vacation days. The version of the proposal presented in July opened the door for these days to be purchased, functioning as a previously justified absence associated with the rest period.
In the most recent document, this provision is not mentioned, which leaves interpretation open. The Government did not formally withdraw the idea, but neither did it reaffirm it, which means it remains under analysis.
With regard to the payment of holiday pay, the principle remains: it can only be received in twelfths if there is an agreement between the parties. The initial proposal stated that this option could be chosen unilaterally by the worker, but the wording was corrected and the version now sent to the social partners requires mutual agreement.
When do these changes come into force?
For now, nothing changes. The new rules continue to be negotiated in social consultation, as explained by . Only then will they go to Parliament and, finally, for promulgation. The UGT asked for more time to analyze the proposal and the Government agreed to extend the negotiating calendar, although the Minister of Labor warned that the process would not drag on indefinitely.
Until the diploma reaches the Official Gazette, the current regime remains: 22 working days of vacation, except for more favorable collective agreements or additional days offered by companies.
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