Employment and Labor Law

State of Emergency: Mandatory Adoption of Remote Work

Decree no. 6/2021 of 3 April, which regulates the state of emergency decreed by the President of the Republic that runs from 1 April 2021 to 15 April 2021, establishes the mandatory adoption of telework, during this period, regardless of the employment relationship, the type or nature of the legal relationship, as long as it is compatible with the activity performed and the employee is able to perform it, without the need for an agreement of the parties, throughout the national territory.

Thus, the regime for reorganizing and minimizing risks in the scope of labor relations with a view to preventing the transmission of infection by SARS-CoV-2 and COVID-19 disease, provided for in Decree-Law no. 79-A/2020, October 1, as amended and extended until 31 December 2021 by Decree-Law no. 25-A/2021, 30 March, which establishes that telework is mandatory in the territorial areas where the epidemiological situation justifies it, as well as in municipalities considered by the DGS as high, very high and extreme risk, will only apply with the end of the current State of Emergency as regulated, regardless its possible renewal.

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