Earlier in November, Portuguese lawmakers made it illegal for bosses to contact employees after working hours. The new law states that, except in instances of force majeure, “the employer has the duty to refrain from contacting the worker during their rest period.” Companies found breaking the new rule risk heavy fines. The measure was drafted by a parliamentary committee focusing on the brave new world of working from home. But since it constitutes a change in national labor law, it will apply to all employees, whether working remotely or commuting to the office.
News of this policy being implemented in a small country at the butt of Europe quickly made global headlines. In a world still trying to figure out which working arrangements are temporary and which are permanent, deep into our second year of intermittent lockdowns, any such intervention is bound to be seen as avant-garde. Yet while the measure seems particularly relevant in pandemic times, it is neither previously unheard of nor a response to a COVID-19-specific problem.
In 2016, the French government passed a law enshrining the “right to disconnect,” protecting workers from any penalties deriving from not responding to emails and calls outside of working hours. That same year, similar legislation was introduced by the Italian and Spanish governments. In Germany, while the policy is not yet law, it has been a popular practice among some of the country’s largest employers since the early 2010s. This April,...
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https://jacobinmag.com/2021/11/portugal-right-to-disconnect-law-work-time