Gonçalo Pinto Ferreira, partner and head of the Labour and Social Security practice at TELLES, analysed the potential effects of repealing two rules relating to the teleworking regime in the draft labour law reform in statements to ECO.
The labour law specialist comments on the possible repeal of the rule relating to the employer's reasoned refusal in writing, as well as the proposal to eliminate the rule allowing employees to refuse teleworking without justification.
Regarding the first rule, Gonçalo Pinto Ferreira believes that repealing it “will not eliminate the employer's special duties, particularly with regard to non-discrimination”. He adds that “from a good human resources management perspective, it will continue to be important that there are objective grounds for refusing teleworking”, although he acknowledges that the company's refusal process may become simpler.
Regarding the second proposal for repeal, the lawyer anticipates greater tension if workers refuse, since “although this change does not necessarily imply an obligation for workers to justify their refusal, many companies are expected to interpret the change as a sign that they should demand justification for not accepting the homeworking regime”.
Read the full article here (only available in Portuguese).
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