The Portuguese Labour Law establishes a framework for working hours, aiming for a balance between employee well-being and employer needs. The regulations outlining standard working hours in Portugal are as follows:

• The legal maximum is 8 hours per day and 40 hours per week as per Article 125 of the Portuguese Labour Code.

• Collective Bargaining Agreements between employers and representative unions can establish shorter working weeks or days as per Article 129 of the Portuguese Labour Code.

• Employers can implement flexible working schemes through agreements with employees or collective bargaining. These schemes may extend working hours limitations to a maximum of 12 hours per day and 60 hours per week, but only for short periods as per Article 132-A of the Portuguese Labour Code.

Regardless of the implemented scheme, the maximum annual working hours cannot exceed 175 or 150 hours (depending on company size) - with the possibility of extension to 200 hours through collective bargaining.

Overtime work is any work performed by an employee beyond their regular working hours as defined by their employment contract or collective bargaining agreement. In Portugal, there are specific rules and regulations governing overtime work, ensuring fair compensation for employees and limitations on the amount of overtime that can be requested.

The annual limit for overtime work depends on the size of the company:

• Companies with more than 50 employees: 150 hours per year
• Companies with less than 50 employees: 175 hours per year

These limits can be increased to 200 hours per year in two situations:

• Force Majeure: Unforeseen circumstances beyond the employer's control that necessitate additional work.
• Collective Bargaining Agreement: A formal agreement between the employer and a union representing the employees, which may allow for higher overtime limits.

Employees are entitled to additional pay for any hours worked beyond the standard working hours. The overtime compensation rate depends on when the overtime is worked:

• Weekdays:
  • First hour: 125% of the normal hourly rate
  • Subsequent hours: 137.5% of the normal hourly rate (or compensatory rest within 3 days)
• Rest Days and Holidays: 150% of the normal hourly rate (or compensatory rest within 3 days)

Employees can choose to receive compensatory rest instead of the increased pay rate for overtime worked on weekdays. This compensatory rest must be granted within three working days of the overtime being worked.

While employees are generally obligated to work overtime when requested by their employer, there are some exceptions:

• Employees can refuse overtime due to legitimate reasons, such as illness, childcare responsibilities, or pre-arranged commitments.
• Employees with protected characteristics, such as pregnant women or employees with disabilities, may have additional limitations on their obligation to work overtime.

Portuguese labor law ensures the well-being and productivity of workers by guaranteeing them rest periods and breaks.

Daily Rest Periods

Every 24 hours, employees are entitled to a minimum of 11 uninterrupted hours of rest between work shifts. This provision ensures sufficient time for recovery and helps prevent burnout.

Breaks During the Workday

Workers are not allowed to work for more than five consecutive hours without a break. This break allows them to rest, recharge, and return to their duties with renewed focus.

The minimum break duration isn't explicitly mandated by law. However, common practice dictates a break of at least one hour, often coinciding with a lunch break. Some workplaces may offer longer breaks depending on company policy or collective bargaining agreements.

Portuguese labor law has specific regulations for both night shifts and weekend work to ensure employee wellbeing and fair compensation.

An employee is considered a night worker if at least three hours of their regular shift falls between 10 pm and 7 am the following day. Night shifts cannot exceed eight hours in duration. Night work entitles employees to a 25% increase in base pay compared to the regular daytime rate. This increase can be substituted through collective bargaining agreements for a reduced standard working period or a fixed increase in base salary, provided it doesn't result in less favorable conditions for the employee.

Additional considerations include the right for pregnant women to be exempt from night shifts during pregnancy and maternity leave. Workers under 18 are prohibited from night work.

Portugal mandates at least one day of rest per week, typically on Sundays. This right can be modified through collective bargaining agreements, but employees are still entitled to a minimum of 11 consecutive hours of rest between two working days. While weekend work isn't explicitly restricted, exceeding the 40-hour workweek limit requires employee consent and additional compensation for overtime hours.

This guide provides a general overview of night shift and weekend work regulations in Portugal. It's advisable to consult the Portuguese Labor Code for the most up-to-date and comprehensive legal details or seek guidance from a local employment lawyer for specific situations.