Muslim workers in Spain can, by agreement with their employer, adapt their working hours during Ramadan, including the possibility of ending the day earlier to facilitate breaking the fast at sunset. The question also arises in Portugal: is there a similar right provided for by law?
What’s happening in Spain
In Spain there is a Cooperation Agreement between the State and the Islamic Commission of Spain, approved by Law 26/1992 and published in the Boletín Oficial del Estado.
This agreement provides that members of the Islamic communities covered can request the interruption of work on Friday, the day of collective prayer, between 1:30 pm and 4:30 pm, and also the conclusion of the working day one hour before sunset during the month of fasting (Ramadan).
The same text establishes that, in both cases, prior agreement between the parties is necessary and that unworked hours must be recovered, without additional compensation.
Therefore, it is not an “automatic right” to leave early, but a possibility that depends on an understanding with the company.
Ramadan, which ends around March 19, involves daily fasting from dawn until sunset, which changes routines and may require adjustments to schedules, especially in sectors with greater physical demands.
What does Portuguese law provide?
In Portugal, the situation is different and there is no rule equivalent to the Spanish one that expressly provides for a reduction in working hours during Ramadan, such as “ending one hour before sunset”.
The CLT does not specifically enshrine the right to leave early for religious reasons.
Even so, the Constitution of the Portuguese Republic guarantees freedom of conscience, religion and worship (article 41), and the legal system protects equal treatment and non-discrimination on grounds of religion in the employment context.
Furthermore, the Religious Freedom Law (Law no. 16/2001) provides for exemption from work for religious reasons in concrete terms: the suspension of work on the weekly rest day, on festivities days and during the time periods prescribed by the confession, as long as requirements such as flexible working hours and full time compensation are met, among other conditions set out in the law.
Early departure is not automatic
In practice, a Muslim worker in Portugal can request adjustments to their schedule during Ramadan, for example, to organize their workday to be available at sunset.
However, there is no automatic and unilateral right to “leave early” every day during the month of fasting.
When it does not fall within the legal regime of dismissal for religious reasons, the solution is, as a rule, an agreement with the employer, using working time organization mechanisms, such as flexible working hours, shift arrangements and subsequent compensation of hours, when feasible.
Between law and practice
As in Spain, the key often lies in understanding between worker and company and the ability to find solutions that respect religious freedom without compromising the organization of work.
During Ramadan, leaving early may be possible, but it depends on the applicable framework in each case and often accordingly, with time being made up when necessary. Between general principles and day-to-day operational rules, the balance continues to be struck on a case-by-case basis.
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