Can my employer contact me outside hours?
No: the employer has a duty to refrain from contacting you outside working hours. With Law 83/2021 (which amended the Labour Code), telework requires a written agreement (art. 166), and breaching it is a serious offence. The employer pays the additional expenses — energy, internet, equipment (art. 168) — which within limits aren't taxed. There's a right to disconnect (art. 199-A): the employer must not contact the worker during rest periods, and this applies to all workers. Parents have a right to telework with a child up to 3 years (the employer can't refuse if compatible) and up to 8 years in defined cases. In short: no, outside hours is rest time.
📋 The rules
- Telework: requires a written agreement (art. 166)
- Employer pays expenses (energy, internet, equipment)
- Right to disconnect: no contact during rest (art. 199-A)
- Parents with a child up to 3 years: right to telework
- Teleworkers have equal rights to on-site staff
🔓 Exceptions
- Force majeure: suspends the no-contact duty
- Parental right: requires job compatibility/resources
- Telework terminable in the first 30 days
⚠️ Penalties & fines
Violations are mostly serious offences on the Labour Code scale (about €612 to ~€9,690, by turnover and fault), enforced by the ACT. Beware a myth: the law did not "ban all out-of-hours emails" with a per-message fine — it created a duty to refrain from contact, with a force-majeure exception. And Brazil's right to disconnect (CLT) is a different regime. To protect your rights: ensure telework is in a written agreement, demand expense payment, and assert the right to disconnect during rest periods. If you have young children, you can request telework under the parental right.
📎 Official sources
❓ Frequently asked
Can my employer contact me outside working hours?
As a rule, no. The law provides a right to disconnect: the employer has a duty to refrain from contacting the worker during rest periods. This right applies to all workers, not only those in telework. There's an exception for force-majeure situations.
Does telework need an agreement?
Yes. Telework requires a written agreement between worker and employer, under art. 166 of the Labour Code. The absence of this agreement is a serious offence. The agreement sets the conditions and can, as a rule, be terminated in the first 30 days by either party.
Who pays the telework expenses?
The employer. They must pay the additional expenses from telework, such as the extra energy, internet and equipment. Within certain limits, these amounts aren't treated as taxable income for the worker. Non-compliance is enforced by the ACT.
Do I have a right to telework if I have young children?
Yes, in certain cases. Parents have a right to telework with a child up to 3 years, and the employer can't refuse if the job is compatible. In defined situations, such as single-parent or shared-custody families, this right can extend to the child's 8th birthday.
Did the law ban out-of-hours emails?
Not exactly. The law created a duty for the employer to refrain from contacting the worker during the rest period, not an absolute ban with a fine per message. There's also a force-majeure exception. It's a myth that "all out-of-hours emails are illegal."
🔎 Common searches
What people search to land here:
- “right to disconnect portugal”
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- “written telework agreement”