Remote Work in Lisbon: Clear Rules, Happy Teams

Remote work is now part of the way many companies operate in Portugal, but under Portuguese law it is not an informal perk that can be managed through ad hoc emails or changing practice.

The Portuguese Labour Code establishes a specific telework regime, notably in Articles 165 to 171, and starts with a basic requirement: a written agreement setting out the key terms of the arrangement.

In practice, this is often the difference between a workable model and a later dispute.

The first point to define is the telework model itself. “Remote work” may mean fully remote work, hybrid work with fixed office days, hybrid work with a variable schedule, or remote work combined with mandatory in person attendance for training, meetings or other business needs.

If the agreement does not make this clear, managers may apply different standards and employees may form different expectations.

A well drafted clause should therefore define the usual place of work, whether the arrangement is fully remote or hybrid, the expected frequency of in person attendance and, where relevant, the circumstances in which the employer may require attendance on site, ideally with a reasonable notice period.

Portuguese law is also clear that telework does not create a second class employment status.

Teleworkers must have the same rights as comparable onsite employees, particularly in relation to pay, training,  orking time and health and safety.

For employers, this means telework should be framed as a form of work organisation, not as a basis for reducing access, visibility or progression.

In practice, disputes often arise not from the existence of telework itself, but from the perception that remote employees have been treated differently over time.

The agreement, together with any internal policy, should therefore define working hours, time recording, breaks and what “availability” means in practice. It is also advisable to address contact outside working hours, in line with the Portuguese legal principle of respecting employees’ rest periods.

Equipment, IT access and expenses should be treated as part of a clear and repeatable system. The written terms should identify what equipment is provided, who owns it, who is responsible for installation and maintenance, and what the employee must do in the event of faults or technical issues.

Expenses should also be addressed with precision. Whether the company adopts a fixed allowance or a  reimbursement model, the method should be clearly defined, including what is covered, what supporting evidence is required and when payments are made. Under Portuguese law, additional expenses arising from telework must be borne by the employer.

Privacy and monitoring are another area where employers should proceed with caution. Telework does not justify turning the employee’s home into a place of permanent supervision. Any monitoring, security logging or device management tools should be proportionate, transparent and aligned with what the company actually uses in practice.

Employers should be particularly careful to avoid any form of continuous image or sound monitoring and should ensure that internal policies accurately reflect the tools in place. In any dispute, what matters is not only what the policy says, but also what the systems actually do and what managers effectively require.

Health and safety obligations do not disappear simply because work is carried out from home.

Employers should adopt a practical and preventive approach, including ergonomic guidance, training, reporting procedures and, where necessary, a mechanism for assessing working conditions in a manner that respects privacy. This is especially important because, for workplace accident purposes, the agreed telework location may become legally relevant. For that reason, the place of work should be properly identified in the written arrangement.

Every telework arrangement should also include a clear mechanism for change or termination.

One common source of conflict is the employee treating telework as permanent while the employer assumes it can be withdrawn at any moment. The written terms should therefore address how the arrangement may be reviewed, under what conditions it may be altered, what notice should apply and how a return to onsite work will be implemented. This becomes particularly relevant during restructurings, office moves, management changes or performance related processes.

Finally, companies should be careful not to use telework language in the wrong contractual context.

If a business engages remote service providers rather than employees, the services agreement should focus on deliverables, service levels, confidentiality, security and any necessary presence requirements. It should avoid employer style control that may contribute to later reclassification risk.

For employers in Portugal, telework works best when it is treated as a structured legal and operational model, rather than an informal arrangement shaped manager by manager.

A concise written addendum, aligned with day to day practice and drafted with the Portuguese Labour Code in mind, can prevent far more disputes than a long set of generic clauses.

At LVP Advogados, our team advises companies on structuring telework arrangements in compliance with the Portuguese Labour Code, including the preparation of telework agreements, internal policies and practical frameworks that reflect how businesses operate in practice.

If your organisation is reviewing or implementing remote or hybrid work models in Portugal, feel free to reach out through our contact form. Our team will be happy to assist you in ensuring that your telework arrangements are clear, compliant and sustainable.