The government approved a draft bill on July 24, introducing a “profound” reform of the labor legislation, which will be negotiated with social partners and includes revising “more than a hundred articles of the Labor Code.”
The question is whether workers’ rights are being compromised. The answer is “yes, workers’ rights, particularly those of women, are being compromised with Draft XXI,” explained Joana Cadete Pires, partner, and Maria Ramos Roque, associate at PRA – Raposo, Sá Miranda & Associados.
“The current legislation provides broader protection for rights related to maternity, breastfeeding, and work-life balance. However, Draft XXI proposes changes that reduce these guarantees, undermining significant advances in promoting gender equality at work,” they stated.
Various proposals are set forth, ranging from revoking gestational mourning leave to parental leave reforms and changes to breastfeeding dispensation. Joana Cadete Pires and Maria Ramos Roque detailed the changes to these areas proposed by Luís Montenegro’s administration.
- Gestational Mourning Leave
What changes concerning gestational mourning leave?
“Article 38-A of the Labor Code, introduced by Law No. 13/2023, dated April 3, is repealed; hence, leave for gestational mourning is no longer stipulated. Additionally, it’s proposed to add ‘abortion’ as justified absence, which results in loss of remuneration.”
What is currently in force?
“Currently, leave is stipulated for mourning the loss of a child during gestation. In the absence of leave for pregnancy termination, an employee can take up to three consecutive days off due to gestational mourning.
Fathers are entitled to three consecutive days off due to gestational mourning but only if the mother takes maternity leave or is absent due to mourning.
Both mother and father must inform their employers and provide proof, such as a certificate from a hospital, health center, or medical attestation, to justify the absence.
Such absences are considered justified.”
- Breastfeeding Dispensation
What changes are proposed for breastfeeding dispensation?
“Under the proposed changes, breastfeeding dispensation is limited to the child’s age of two. Furthermore, a medical certificate must be provided by the employee every six months to confirm breastfeeding.”
What does the current law state?
“Currently, the law provides that a breastfeeding mother is entitled to work dispensation as long as breastfeeding continues, without age limitation. Moreover, a medical certificate is only required if the dispensation extends beyond the child’s first year.”
Are there mechanisms in the law for monitoring abuses?
“For workers, there is no oversight in Portuguese labor law. For employers, monitoring is provided, and violations of breastfeeding dispensation rights may result in a serious offense charge by the Authority for Working Conditions, which oversees compliance.”
- Parental Leave
What changes are proposed for initial parental leave?
“The introduction of a mandatory 120-day initial parental leave, extendable to 180 days (120 mandatory, 30 optional, plus 30 additional if shared equally), is proposed.
The current law allows workers the right to initial parental leave of 120 or 150 consecutive days, which can be divided after childbirth.
Furthermore, leave is extended in cases of preterm births before 33 weeks or with hospitalization.”
Are changes planned for the father’s exclusive leave? What are they?
“Yes, changes are planned. Currently, the law grants a father’s exclusive parental leave of 28 days, with 7 to be taken consecutively immediately after the child’s birth.
The new proposal maintains the 28-day leave but requires the father to take 14 days consecutively immediately after birth, doubling the mandatory period post-birth.”
