Briefing Laboral #62 Ruling of the Supreme Court of Justice of 17.03.2022 and 12.10.2022

17.11.2022 | Articles & Briefings
Briefing Laboral #62 Ruling of the Supreme Court of Justice of 17.03.2022 and 12.10.2022

The Portuguese Labor Code provides that employees with a child under 12 years of age (or with a child who, regardless of age, has a disability or chronic illness and who lives with the employee in shared economy) are entitled to work on flexible working hours. For this purpose, the law determines that employees are able to choose, within the periods indicated by the employer (each lasting no less than one third of the normal daily working period), the start and end times of their normal daily working period. In the two court decisions to which we will refer, the Supreme Court of Justice decided that the request for flexible hours submitted by the employee can determine not only the daily work periods, but also weekly rest days.

This understanding, which, with all due respect, we do not follow, was already held by CITE, but it hasn't been the majority understanding of the courts of first and second instance.