The government has presented to social partners the draft project for labor law reform, proposing the revision of “more than a hundred articles of the Labor Code.” The changes have sparked debate (and criticism), but what exactly is at stake?
Stay informed on the main proposals, from revoking gestational bereavement leave to changes in flexible hours for workers with children under 12 years old or with disabilities:
Gestational Bereavement
Controversy arose last week when it was reported that the government plans to revoke the gestational bereavement leave, which allows a mother to take three days off work in the event of a miscarriage.
Currently, the Labor Code allows the mother to take these three days if she does not take the miscarriage leave, which allows her to be absent for 14 to 30 days.
Gestational bereavement leave can also be taken by the father, for up to three consecutive days, if the mother is on the miscarriage leave. These absences are justified and do not affect the worker’s rights.
The Ministry of Labor, Solidarity, and Social Security (MTSSS) later clarified in a statement that “in the event of pregnancy termination, the worker will always have the right to the 14 to 30-day leave, as provided in Article 38, no. 1 (subsidized at 100% under applicable legal conditions)” and that “there is no sense in alternatively providing the right to absence in this situation.”
The other parent will have “the right to take up to 15 days off work, unlike the previous three days.” However, this right is part of the family support system, where absences, even if justified, result in loss of salary.
If the legislation is approved in its current form, “it may lead to unequal treatment” regarding absences to care for a family member, as approval depends largely on the “doctor’s interpretation” and the “employer’s or Social Security’s acceptance.”
Amendments for Breastfeeding Certification (and limitation up to two years)
Another change intended by the government focuses on breastfeeding exemption. According to the draft project, “for the purpose of breastfeeding exemption, the worker must notify the employer, 10 days before the beginning of the exemption period, that she is breastfeeding the child, and present a medical certificate proving it.” Previously, the law required proof starting from the child’s first birthday.
Additionally, the labor law amendments specify that the right to take work leave for breastfeeding mothers is only valid “until the child reaches two years of age,” a limitation not present in the current law.
The measure was criticized by the Medical Association, which argued that it represents a legal regression that favors productivity over childhood and causes unnecessary stress to mothers.
The National Association of Public Health Doctors warned that this change will consume time from professionals and families during an already demanding period.
Parents Unable to Refuse Night and Weekend Shifts
The proposed changes by the government include modifications to flexible work rules for workers with children under 12 or with disabilities.
According to paragraph D of Article 56, flexible hours should “adjust to special organization of working time resulting from the company’s operating schedule or the nature of the worker’s duties, namely in cases of night work or regularly provided on weekends and holidays.”
This means a worker with a child under 12 or with disabilities will now be required to work nights, weekends, and holidays.
Maria do Rosário Palma Ramalho’s office explained to SIC that the change does not eliminate the right to flexible hours, merely ensuring that requests are compatible with the realities of the job position.
Employers Seek Simplified Dismissals and More Work Hours
Despite the government’s proposals, employers are asking for more, including simplified dismissals and increased working hours.
According to Expresso, the Portuguese Business Confederation (CIP) advocated for a review of dismissal grounds, while the Confederation of Portuguese Farmers (CAP) called for extending work periods for “fundamental sectors relying on labor and facing severe human resource shortages.”
Proposed Labor Amendments Mobilize Thousands in Defense of Women and Families
Nearly 24,700 people have signed an online petition against the setbacks in women’s, mothers’, and babies’ rights, while another petition for families’ rights has over 14,000 signatures, both opposing the recent proposed amendments to labor legislation.
Both petitions are available on the ‘Petição Pública’ website and are among the most active petitions.
