Change of duties in Portugal: what your employer can do

Have you been told to do tasks that "are not in your contract"? The short answer: in Portugal your employer can change your duties, but within tight limits. Duties similar to your contracted activity are already part of the contract (Article 118 of the Labour Code). Duties outside it are only allowed temporarily, with a justified order and no pay cut (Article 120). And demoting you without your agreement is prohibited and is a very serious administrative offence (Articles 119 and 129).

Your contracted activity is wider than your task list

Sofia was hired as an administrative assistant, with her activity defined by reference to the category in the sector's collective agreement (the standard way of defining it, Article 115(2) of the Labour Code). The receptionist goes on holiday and Sofia is asked to cover the front desk for two weeks. Can she refuse because "it is not in the contract"? As a rule, no.

The law says the contracted activity includes duties that are similar or functionally connected to it, as long as you have adequate qualifications for them and they do not involve professional devaluation (Article 118(2)). It then clarifies: similar duties are, notably, those in the same professional group or career (Article 118(3)). Covering reception is functionally connected to Sofia's administrative work, so it sits inside her contracted activity. No special regime is needed.

Within that activity, the employer distributes the work and must assign you the duties best suited to your skills and professional qualifications (Article 118(1)). The duty of obedience covers these orders (Articles 128(1)(e) and 128(2)), with one important brake written into the law itself: you only have to follow orders that do not breach your rights or guarantees.

Two details almost nobody knows:

• If ancillary duties require special qualifications, you are entitled to professional training of at least ten hours per year (Article 118(4)). Not providing it is a serious administrative offence (Article 118(5)).
• Your collective agreement can widen or narrow what counts as a "similar duty" (Article 118(3)). It is worth reading the category tables for your sector.

Functional mobility: duties outside the contract, but with a deadline

Miguel is a warehouse technician earning 1,000 euros. The company's shop enters high season and management sends him to the sales floor for three months, in writing, with the reason and the dates. Shop workers get a role allowance of 120 euros per month. This is functional mobility, and done this way it is legal.

Article 120 of the Labour Code lets the employer assign you, temporarily, duties not included in the contracted activity, under four cumulative conditions:

1. The interest of the company must require it (Article 120(1));
2. No substantial change to your position (Article 120(1)). [Common interpretation:] the law does not define the concept. It is read as a relevant loss of status, responsibility or working conditions, not a mere inconvenience;
3. A justified order stating the expected duration, which should not exceed two years (Article 120(3));
4. No pay cut (Article 120(4)).

And Article 120(4) has a second half that works in your favour: you are entitled to the more favourable working conditions attached to the duties you perform. In Miguel's case: he keeps his 1,000 euros and, while he is in the shop, he also receives the 120 euro allowance. If the shop paid less than the warehouse, Miguel would still keep his 1,000 euros.

Three notes so nobody misleads you:

• You do not acquire the category that matches the duties you perform temporarily, unless otherwise agreed (Article 120(5)). Three months acting as a manager do not make you a manager, but they must pay you a manager's conditions while it lasts.
• The parties can widen or restrict functional mobility by agreement, and that agreement lapses after two years if it is never used (Article 120(2)). Read what you signed in your contract.
• A collective agreement can set aside these rules (Article 120(6)). Whatever your sector's agreement says about mobility prevails, for better or worse.

Breaching the rules on the order, the pay or the limits of mobility is a serious administrative offence (Article 120(7)). Mind the border too: moving you to another workplace is a different regime with its own rules. See the guide on workplace relocation in Portugal.

Demotion: only with your agreement (and sometimes with ACT)

Carla is a section manager earning 1,400 euros. The company restructures and wants her back as an operator on 1,100 euros. Is that allowed? Only if three conditions are met together (Article 119 of the Labour Code):

1. Carla's agreement: without it, there is no move;
2. A pressing need of the company or of the worker herself. [Common interpretation:] the law does not define "pressing" (the Portuguese term is "necessidade premente"). It is read as a real and urgent need, not mere convenience, and it should be documented;
3. Authorisation from the inspection service of the labour ministry (ACT), because in this case pay goes down.

The law does not require this agreement to be in writing, but always put it in writing anyway: it protects both sides. Outside these conditions, moving a worker to a lower category is prohibited by Article 129(1)(e), and breaching worker guarantees is a very serious administrative offence (Article 129(3)).

Note: management and leadership roles can be held under a service commission, a separate regime where the return to your previous duties is built in from the start. Read the guide on the service commission in Portugal before accepting that kind of promotion.

The three guarantees your employer cannot touch

Article 129 of the Labour Code is the list of what the employer is prohibited from doing. In a change of duties, three points of Article 129(1) are gold:

• Point (b): unjustifiably preventing you from actually performing work. Leaving you with no tasks, at an empty desk, "waiting", is illegal. If it is prolonged and humiliating, it can amount to workplace bullying, with its own consequences.
• Point (d): reducing pay, except in the cases allowed by the Code or a collective agreement. A change of duties is never an excuse to cut your salary.
• Point (e): moving the worker to a lower category, except in the cases allowed by the Code (that is, Article 119 above).

Any breach of this article is a very serious administrative offence (Article 129(3)). And it arms you: a culpable breach of your guarantees is just cause to resign with compensation (Article 394(2)(b)).

Six situations, what the law says

How to react to an illegal change

Step by step, without shooting yourself in the foot:

1. Reply in writing. Say you disagree and why, quoting the article of the law. An email is enough and leaves a record.
2. Keep showing up for work. Disappearing can be read as job abandonment or unjustified absences. You react in writing, not by staying away.
3. Keep evidence: the order, your contract, payslips, the applicable collective agreement, messages.
4. File a complaint with ACT. An illegal demotion or a pay cut are very serious administrative offences. See how to file a complaint with ACT.
5. In serious cases, resign with just cause. A culpable breach of your guarantees (category, pay, an emptied role) is grounds for resignation with just cause (Article 394(2)(b) of the Labour Code), with compensation of 15 to 45 days of base pay and seniority payments per full year of service, never less than three months (Articles 396(1) and 396(2)). Example: Rita has 4 years of service and a base salary of 1,200 euros (40 euros per day). Her compensation sits between 3,600 euros (the three month minimum) and 7,200 euros (45 days per year). You have 30 days from learning of the facts to send the written resignation with a brief statement of those facts (Article 395(1)). Before taking the step, read how to prove constructive dismissal in Portugal.

One precision worth knowing: if the change is lawful (the company complied with Article 120) but it changes your working conditions in a substantial and lasting way, you can still resign with just cause (Article 394(3)(b)). Through that route, however, there is no right to the compensation of Article 396(1), which only covers grounds based on the employer's fault.

For companies: change duties without creating a legal case

If you manage a team, the Code gives you room, as long as you use it with method. Within the contracted activity, distribute work freely and assign each person the duties best suited to their skills (Article 118(1)). For duties outside the activity, issue a justified order, in writing, with the expected duration, up to two years, and keep the pay untouched, adding the more favourable conditions of the new role (Articles 120(3) and 120(4)). To move someone down a category, obtain a written agreement, document the pressing need and, if pay drops, request ACT authorisation before executing the change (Article 119). Provide the ten annual hours of training when ancillary duties require special qualifications (Article 118(4)). And never use an emptied role as a pressure tool: besides being a very serious administrative offence (Article 129), it is the typical pattern of workplace bullying and it feeds a resignation with just cause that costs you 15 to 45 days per year of service (Articles 394 and 396). For complex restructurings or categories governed by a collective agreement with special rules, checking with a lawyer is the prudent recommendation.

General information, not legal advice. Always confirm amounts and deadlines in the official sources.