In recent days, many citizens have faced the challenge of protecting their homes and possessions from numerous forest fires. However, absences from work for this purpose are generally not justified, except for volunteer firefighters.
In fact, “the law makes a distinction” between the situations of volunteer firefighters and the general public. “In the case of the general public, the absence may be considered unjustified,” explained lawyer Dantas Rodrigues to Notícias ao Minuto.
“Article 249 of the Labour Code lists the situations in which an absence might be deemed justified. These include illness, accidents, fulfilling legal obligations, and caring for family members, among others. However, the law does not explicitly provide for absence to defend one’s property, such as a home,” clarified the lawyer.
This means that, “as a rule, if a worker is absent solely to oversee or attempt to save their home from a fire, the absence may be deemed unjustified” under the existing legal framework.
However, it should be noted that “if Civil Protection orders an evacuation or if the worker is in imminent danger of life, the principle of necessity can be invoked“.
In such cases, “it is understood that the absence cannot be attributed as blameworthy, as the value in question (life or safety) outweighs the duty to be present at work. In this context, the absence is justified,” added Dantas Rodrigues.
Volunteer firefighters are an exception
Conversely, “the situation is quite different for volunteer firefighters,” since “Law No. 32/2007, of August 13, which regulates the regime applicable to these professionals, clearly states that absences from work to fulfill rescue missions, including firefighting, are justified“.
“This means that volunteer firefighters: cannot be penalized in their career or professional evaluation; do not lose labor rights due to their absence for these missions; and employers may, under certain conditions, be compensated by the state,” Dantas Rodrigues further explained.
Mainland Portugal has been affected by numerous rural fires since July, especially in the Northern and Central regions, amid high temperatures prompting a declaration of alert status since August 2.
According to provisional official data, more than 201,000 hectares have burned in the country by August 19, exceeding the area burned in all of 2024.
This year, the fires have claimed at least two lives, including a firefighter, injured several people—mostly with minor injuries—and destroyed homes, both primary and secondary residences, as well as agricultural and livestock operations and forested areas.
Mainland Portugal has been affected by numerous rural fires with a “profound” economic impact, potentially reaching 2.3 billion euros, stated Carlos Brito, president of the Northern Regional Directorate of the Order of Economists, to Notícias ao Minuto.
