Employers will have to communicate in writing to workers when they deem it unfeasible to use telework, and they may request verification by the Authority for Working Conditions (ACT), which will have the final decision.
This is one of the changes introduced by the Government to Decree-Law No. 79-A/2020, of 30 September – whose “exceptional and transitory regime of work reorganization” to contain the pandemic will have new rules as of Wednesday. fair – which was sent to partners for discussion at the next social consultation meeting and to which Lusa had access.
Likewise, “the worker who does not have the conditions to perform the functions in a telecommuting regime must inform the employer, in writing, of the reasons for his impediment”.
Under the terms of the document, to which the Lusa agency had access today, for companies with more than 50 workers and for all companies (regardless of the number of employees) located in the 121 municipalities that register more than 240 cases per 100 inhabitants in the last 14 days becomes "obligatory the adoption of the telework regime, regardless of the employment relationship, whenever the functions in question allow it and the employee has the conditions to exercise them, without the need for a written agreement between the employer and the employee".
"Exceptionally", when it understands that these conditions are not met, "the employer must communicate, reasoned and in writing, to the employee its decision, being responsible for demonstrating that the functions in question are not compatible with the telework regime or the lack of minimum technical conditions for its implementation”.
The employee can then, within the following three working days, request ACT to “verify” the situation and the “facts invoked by the employer” for the refusal of telework, and the Labor Conditions Authority will decide within five working days.
The basis for this decision should be factors such as “the activity for which the worker was hired and the previous exercise of the activity in a telework regime or through other means of providing distance work”.
The diploma also establishes that the employer is responsible for "providing the work and communication equipment necessary for the provision of work under a telework regime", and that, "when such availability is not possible and the worker consents, telework can be carried out through the means that the worker has, and the employer is responsible for the proper programming and adaptation to the needs inherent to the provision of telework”.
With regard to remuneration, it is foreseen that the telecommuting worker “has the same rights and duties as other workers, with no reduction in pay”.
Thus, the same "limits for the normal working period and other working conditions, occupational health and safety and compensation for damage arising from an accident at work or occupational disease apply to you, while still retaining the right to receive the meal allowance that was already due to him”.
In force until March 31, 2021, but subject to extension, the diploma now sent to the social partners maintains the rules that were already provided for with regard to time delays and changes.
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