Work schedule change in Portugal: notice and limits

Your employer in Portugal can change your schedule, but must consult workers and post the change 7 days in advance (3 in a micro business, with fewer than 10 workers). Short changes, up to one week, can come with less notice. If your schedule was agreed with you, it only changes with your "yes".

The Halloween event example

To know if this is legal, Joana needs to answer three questions:

1. Is the change only for that day or week? If so, the employer does not need to post it 7 days ahead. But it must record the change in a dedicated book, noting that the works council or union structure was consulted, and not use this route more than 3 times per year (Article 217(3)). If this is already the 4th time this year, or there is no record or consultation, the 7-day rule applies again.
2. Was the 9:00 to 18:00 schedule agreed with her? If those hours were negotiated and are in the contract as a condition, the employer needs Joana's consent, even for a single day (Article 217(4)).
3. Are these different hours or extra hours? 14:00 to 23:00 is the same working hours, just moved. If the manager asked for 9:00 to 20:00, the 2 hours outside the schedule would be overtime (Article 226(1)). [Common interpretation:] if the schedule change does not follow the rules in Article 217, the old schedule still applies, and hours worked outside it can count as overtime.

And what if the change is permanent, for example "from November you start at 14:00"? Then 6 days is not enough in a company with 30 staff. The law requires 7 (Article 217(2)). In a micro business, 3 would be enough.

Watch your rest time. As a rule, between the end of one working day and the start of the next you must have at least 11 consecutive hours (Article 214(1)). The law has exceptions, for example force majeure or management roles exempt from set hours (Article 214(2)). If Joana finishes at 23:00, she cannot start again before 10:00 the next day.

When your employer always needs your agreement

In some cases not even 7 days notice is enough:

• Individually agreed schedule. The hours were negotiated with you. The employer cannot change them alone (Article 217(4)). [Common interpretation:] the law does not define what counts as "agreed". Keep emails or offers showing that schedule was negotiated and was a condition for accepting the job.
• Individual adaptability. Longer weeks offset by shorter weeks only by agreement. A written proposal from the employer is presumed accepted if you do not object in writing within 14 days of learning of it (Article 205(4)). See the guide on working time adaptability.

[Depends on the case:] your collective agreement may have its own rules on schedules and notice. Ask HR or your union for it.

If the event means staying longer

Work outside your schedule is overtime (Article 226(1)). The rules change:

• As a rule, you must do it. But the employer can only ask for overtime for an occasional and temporary increase in work that does not justify hiring someone, for force majeure or to prevent serious harm (Article 227(1) and (2)). [Common interpretation:] a one-off event usually counts as an occasional and temporary increase.
• You can ask to be excused. If you have valid reasons (a child to pick up, a medical appointment, classes) and expressly ask, you are excused (Article 227(3)). The law does not require writing, but in writing, before the day, is safest.
• Limit: 2 hours on a normal working day (Article 228(1)(d)). Per year: 175 hours in a micro or small business, 150 in a medium or large one (points (a) and (b)).
• Pay, up to 100 hours a year: +25% for the 1st hour and +37.5% for the following ones on a working day; +50% on a rest day or public holiday (Article 268(1)). Above 100 hours a year: +50%, +75% and +100% (Article 268(2)).
• If the event falls on your mandatory weekly rest day, you also get 1 paid compensatory rest day, within the next 3 working days (Article 229(4)).

Refusing legitimate overtime without a reason can lead to disciplinary action. Refusing under a right the law gives you, and being punished for it, is an abusive sanction. The details are in the guide can I refuse overtime.

Who has extra protection

These workers cannot be forced into longer hours or overtime on the same terms as others:

When setting or changing schedules, the employer must also give priority to safety and health and make family life and school easier (Articles 212(2) and 217(1)). If you study, see the student worker guide.

What to do, step by step

1. Get the change in writing. An email from your manager is enough. You need the date you were told.
2. Read your contract. Does it list exact hours? Were they negotiated? That decides whether the employer needs your consent.
3. Ask what the basis is. "Is this a change for this week only, recorded in the book? Were the works council or the union consulted?" Asking in writing already protects you.
4. If you cannot do it, say why. For overtime, ask to be excused with the concrete reason (Article 227(3)).
5. Keep extra costs. Taxi, parking, childminder. Claim the compensation in Article 217(5).
6. If nothing works, complain to ACT. Breaching Article 217 is a serious administrative offence (Article 217(6)). See how to file an ACT complaint.

The general rules (who sets the schedule, schedule maps, shifts, night work) are in the guide on the work schedule.

In short

Permanent change: 7 days notice (3 in a micro business) and consultation. Change for that week only: can come with less notice, but must be recorded and used no more than 3 times per year. Schedule agreed with you: only with your consent. Hours outside your schedule: that is overtime, paid with a premium.

General information, not legal advice for your specific case. Collective agreements may set different rules.