The Minister of Labor, Solidarity and Social Security, Maria do Rosário Palma Ramalho
Experts believe that the reformulation of the proposal compared to the version initially presented in July changes nothing in practice.
The most recent version of the Government’s labor reform includes measures that can make it difficult for parents to access “flexible hours”a right currently guaranteed to workers with children up to 12 years old or with a disability or chronic illness. The proposals resume an already known intention of the government, although with small changes in relation to the version presented in July.
At issue is the possibility for workers with children to define, within certain legal limits, the start and end times of their daily shift. A decision by the Supreme Court of Justice has also defined that parents can, in certain cases, Reject work on the weekend or at night.
However, the new Government document proposes that flexible working hours will now have to be adjust “as far as possible” demands arising from the nature of the worker’s duties, including night or weekend work situations.
The right to flexible working hours has been particularly relevant in sectors with shift worksuch as healthcare, distribution, transport or aviation, where conflicts between workers and employers often arise. In these cases, companies’ refusals are assessed by the Commission for Labor and Employment Equality, which can issue binding decisions.
Experts in Labor Law interviewed by consider that the reformulation of the measure in relation to the version presented in July has a limited impact in practice. Milena Rouxinolprofessor at the Catholic University of Porto, understands that “nothing significant changes” and that the new version of the proposal continues to “condition the implementation of the flexible working hours model”.
The package of proposals includes other changes relevant to parents, such as the possibility of introducing continuous working hours for those with children up to 12 years old, although dependent on collective agreement or employer acceptance. The controversial limit to reduction in breastfeeding hours and the extension of parental leave to 180 days paid at 100%, but only in cases where it is shared between parents.
