“Shift work is regulated under articles 220 and following of the Labor Code. Shift work is defined as any team labor organization in which workers successively occupy the same positions, at a certain pace, including rotating, continuous, or discontinuous shifts, potentially working at different hours over a period of days or weeks. Commonly, it is said that someone works in shifts when their work schedule varies over a given period of days or weeks.
This type of work is compensated with a shift allowance when at least one of the shifts coincides, wholly or partially, with nighttime work.
It is important to understand what is considered nighttime work.
Nighttime work is covered by articles 223 and subsequent of the Labor Code. According to labor legislation, nighttime work is defined as work done over a minimum period of seven hours and a maximum of eleven hours, including the interval between midnight and 5 AM, or, in the absence of a collective labor agreement, work between 10 PM and 7 AM the following day.
If your work falls under the conditions mentioned, during the nighttime period, meaning if you work at least seven hours at night, you are entitled to a 25% increase in remuneration for these hours. However, if you work only one or two hours at night, this increase may generally not apply.
It should also be noted that some activities, due to their nature or because they are performed exclusively or predominantly at night, may not be subject to the aforementioned increase in pay for nighttime work.”
‘Work and Taxes (Un)Complicated’ is a column by Notícias ao Minuto, written by Dantas Rodrigues, focusing on topics related to work, personal finances, and taxes.
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Dantas Rodrigues has been a lawyer since 1993 and is a partner at Dantas Rodrigues & Associates. He has also been a professor of law in higher education since 1995.
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