In accordance with the December 1 directive, the new rules go into effect on January 1, 2022, just one day before the mandatory containment week, during which telecommuting is mandatory.
Teleworking: new rules to come into force on eve of lock-in week
The decree-law introducing changes to the telecommuting regime was published this Monday in the Diário da República and comes into force on January 1, 2022, just before Contention Week, during which telecommuting will be mandatory.
What will change
Among the changes is the extension of teleworking to parents of children up to the age of eight (compared with three at present), without the need for an agreement with the employer, provided it is exercised by both parents.
The measure also applies to single-parent families or cases where only one parent demonstrably meets the conditions for teleworking.
However, this measure excludes micro-companiesThis means companies with fewer than ten employees.
Similarly, workers with non-principal caregiver status now have the right to perform duties via telecommuting, for a maximum period of four consecutive or intervening years, but the employer may refuse the request on the grounds of "imperative requirements" of business operations.
According to the approved amendments, telecommuting still depends, in most cases, on agreement between employee and employer.