The maximum limits for regular working hours have been defined. The normal working period cannot exceed eight hours per day and forty hours per week, as outlined by the Autoridade para as Condições do Trabalho (ACT).
However, there is a fifteen-minute tolerance for tasks initiated but not completed within the designated working period. This tolerance is exceptional and should be compensated when it amounts to four hours or at the end of the calendar year, according to the frequently asked questions available on the ACT’s website.
Is it possible to adjust these limits?
The ACT specifies that the maximum limits of the regular working period can be reduced by collective labor regulation agreements, provided it does not result in a reduction of workers’ compensation.
How is working time defined?
The ACT defines working time as any period during which the worker performs their duties or is available to the employer.
Working time also includes:
- An interruption acknowledged as such in IRCT, in the company’s internal regulations, or due to the company’s usage;
- An occasional interruption of the daily work period to meet the worker’s urgent personal needs, or resulting from the employer’s consent;
- An interruption due to technical reasons;
- The meal break when the worker must remain in or near the usual work space to be available for normal duties if needed;
- An interruption or break imposed by occupational safety and health standards.
What is the work time record?
The ACT also addresses the recording of work times, stating it should document the start and end times of work, as well as any breaks or rest periods not included within it.
The record of work times, including for workers exempt from fixed working hours, must be maintained by the employer in an accessible location for immediate consultation and should be kept for five years.
The work time record must allow for identifying the number of work hours performed by each worker, daily and weekly, as well as any additional hours beyond regular working hours.
The ACT further explains that this record must also identify hours performed to offset payment loss due to absences.
Is it necessary to record work times performed outside the company?
The authority requires employers to ensure that workers who perform tasks outside the company record the times immediately upon returning or send the properly authorized record so that the employer receives it within 15 days of the work.
