Can I refuse overtime in Portugal? When you can say no

The rule is simple and not what most people expect: you must work overtime when your employer asks (Art. 227(3) of the Portuguese Labour Code). But the duty has three ways out. The company can only ask for overtime in occasional and temporary situations, force majeure or serious loss. You are excused if you have reasonable grounds and request exemption in writing. And five groups of workers are exempt by law without needing any reason.

First, what the company is allowed to ask

Joana works in a warehouse in Aveiro. For six months her manager has asked her to stay "just one more hour" almost every day. The company has not hired anyone. Is this legal?

No. The law says overtime (the legal term is "trabalho suplementar": any work done outside your working hours, Art. 226(1)) can only be requested in two cases (Art. 227):

• An occasional and temporary increase in work that does not justify hiring someone (227(1)). A big order, a Christmas campaign, a colleague on sick leave for two weeks.
• Force majeure, or the need to prevent or repair serious loss for the company (227(2)). A flood, a broken machine that stops production.

One extra hour every day for six months is neither occasional nor temporary. It is a staffing shortage. Requesting overtime outside these cases is a very serious offence for the company (227(4)). Joana is still entitled to be paid for every hour she worked, and she can file a complaint with the ACT.

There is also a limit on quantity (Art. 228(1)). Exceeding it is a very serious offence (228(5)):

Overtime for force majeure or serious loss does not count towards the yearly caps, but it stays bound by the 48 hour average weekly limit (Art. 228(4)). How overtime is paid, at what rate and what changes in 2026 is covered in overtime pay in Portugal.

The rule: yes, you must

If the request fits Art. 227 and respects the limits of Art. 228, the law is clear: the worker "is obliged to perform overtime work" (Art. 227(3)). An order to work overtime is an order about how the work is done, and your duty of obedience covers it (Art. 128(1)(e)).

This has a serious consequence. Refusing with no reason, when the order was lawful, is illegitimate disobedience, which the law lists as an example of just cause for dismissal (Art. 351(2)(a)). A single refusal rarely justifies dismissal, because the company has to prove the breach is serious enough to make the relationship impossible (351(1) and (3)). But repeated refusals with no reason hand the company a disciplinary case with legs. See the bigger picture in can I refuse an order from my employer?.

The way out: reasonable grounds, requested in writing

The same sentence of Art. 227(3) that binds you gives you the exit: "unless, having reasonable grounds, the worker expressly requests exemption". Two conditions, both mandatory:

1. Have a reasonable ground.
2. Expressly request the exemption. Staying silent and leaving is not requesting.

The law does not define "reasonable grounds" (motivos atendíveis). [Common interpretation:] it means a serious, concrete and verifiable reason that outweighs the company's interest in that particular hour. Examples that usually pass:

• A medical appointment or treatment.
• A young child to collect from daycare or school, with no alternative.
• A dependent relative in your care.
• Classes or an exam (even without student worker status).
• The last bus or train home.
• Another commitment already made and impossible to move.

What usually does not pass: "I don't feel like it", "I've done too many this month", "I'm going to the gym". These may be fair reasons to be unhappy, but they are not reasonable grounds.

Joana from the warehouse has a 4 year old daughter in a daycare that closes at 7 pm. She leaves at 6 pm and the trip takes 40 minutes. If she stays an extra hour, nobody collects her daughter. That is a reasonable ground. What Joana does: she sends her manager a message at 3 pm saying "I request exemption from today's overtime under Art. 227(3) of the Labour Code. I have to collect my daughter from daycare at 7 pm and there is nobody else who can." She keeps the message.

If the company punishes her for this, the sanction is abusive: punishing a worker for refusing an order they did not have to obey (Art. 331(1)(b)). Any sanction in the following 6 months is presumed abusive (331(2)) and the minimum compensation is 10 times the fine or the lost pay (331(5)). Details in disciplinary sanctions in Portugal.

Who is exempt without needing a reason

Five groups do not need to give any reason. The law has already decided for them.

Three examples:

• Ines has an 8 month old baby and works in a call centre in Braga. The supervisor tells the whole team to stay until 9 pm for a campaign. Ines is not obliged (Art. 59(1)). Neither is the baby's father, even if he works for another company.
• Tiago is 17 and works in a restaurant in Espinho. The owner asks him to stay two more hours on Saturday because the place is full. Being full is not serious loss caused by an abnormal and unforeseeable event. Tiago cannot work overtime (Art. 75(1)). More rules in working under 18 in Portugal.
• Carla is a student worker with an exam on Tuesday evening. The company asks for overtime on Tuesday. Carla is not obliged, except in force majeure (Art. 90(6)). See student worker rights.

Forcing anyone in these groups is a serious offence (Arts. 59(3), 75(4), 88(2) and 90(9)). If you have a chronic illness, also read disability and chronic illness worker rights. If you are breastfeeding, breastfeeding rights at work.

Note what does not give automatic exemption: having children over 12 months, being a single parent, being over 55, working shifts. In those cases you go back to the general rule: you request exemption on reasonable grounds.

How to refuse without getting burned

Four steps, always in this order:

1. Check whether the order is lawful. Does the request fit Art. 227? Does it respect the 2 hours per day (Art. 228)? If not, the order does not bind you and you can refuse on that basis alone.
2. Request exemption in writing, beforehand. A short email or message: the concrete reason and the article. "I request exemption from today's overtime (Art. 227(3) Labour Code) because I have a medical appointment at 6.30 pm." If you are in a protected group, cite the article: "I am not obliged to work overtime (Art. 59(1) Labour Code), my son is 8 months old."
3. Offer an alternative when you can. "I can stay tomorrow" or "I can come in earlier on Friday". Not mandatory, but it kills the bad faith argument.
4. Keep everything. Requests, replies, payslips showing the hours. If the company insists on unlawful overtime or punishes you, file a complaint with the ACT.

For employers: requesting overtime that will be worked

A request for overtime is only binding if it meets three conditions. First, the reason: an occasional and temporary increase in work, force majeure or serious loss (Art. 227(1) and (2)). Structural overtime to cover a lack of staff is a very serious offence and gives the worker a well founded refusal. Second, the limits: 2 hours per day and 150 or 175 per year, unless extended by collective agreement (Art. 228). Third, the exempt workers: before scheduling anyone, check whether they are pregnant, have a child under 12 months, are under 18, have a known disability or chronic illness, or are a student worker. Forcing one of them is a serious offence and any sanction that follows is presumed abusive. When a worker requests exemption on reasonable grounds, reply in writing: accept, or explain why the ground is not reasonable. An unanswered refusal is the worst of both worlds: it does not bind the worker and it leaves a record against the company.