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Teleworking without an employer’s agreement must be extended to cover the State, Green Paper foresees – Policy

The situations in which the worker can opt for telecommuting, regardless of agreement with the employer, must be extended, and cover the Public Administration, according to the Green Paper on the Future of Work, which the Government takes today to the Social Consultation.

In the 25-page document, to which Lusa had access, which will be the basis for the regulation of new forms of work, the authors argue that the legislation should “extend the situations in which the worker has the right to teleworking independently according to the employer, in total or partial teleworking modality “.

This measure should take into account in particular situations “in the context of promoting the reconciliation of work and personal and family life” and “in the case of a worker with a disability or incapacity”.

So far, the Government has not yet put forward proposals in this area, indicating that it will only do so after the presentation of the Green Book at the Social Concert, but in parliament the Left Bloc (BE) has already presented a project with a view to extending telework to those who have dependent children under 12 years.

According to the document sent to the partners, the regulation of teleworking must, however, be deepened “with the safeguard of the basic principles of the agreement between employer and worker”.

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It must also be ensured that “there is no increase in costs for workers” in teleworking, a guarantee also defended in parliament in the BE and PCP proposals, namely regarding the expenses with telecommunications, water and energy.

The Green Paper also proposes a bet “on hybrid models of face-to-face and distance work from a perspective of balance in promoting opportunities and mitigating the risks of this modality”.

It is also advocated “to implement and regulate the right to disconnect or professional disconnection for teleworkers” as well as “to implement instruments that guarantee that teleworking does not especially penalize women and that it does not aggravate asymmetries in the division of unpaid work, nor compromise equality of gender in the labor market “.

The teleworking regime should be applied to the Public Administration, and its potential should be used to “establish jobs outside large urban centers, namely in regions with less population density”, he says.

As for the regulation of work on digital platforms, such as Uber or Glovo, the authors propose that “a presumption of labor should be created for these workers” and also “a contributory and tax system adapted to this new reality”.

“Adapting the Social Security system to the new ways of providing work” is another of the main lines of reflection foreseen in the Green Paper.

The authors emphasize that the fact that “the service provider uses his own work instruments, as well as the fact that he is exempt from fulfilling duties of punctuality, punctuality and non-competition, is not incompatible with the existence of a dependent employment relationship between the provider and the digital platform “.

In the scope of inspection, it is important to “improve the legal regime with regard to the instruments that the Labor Inspection may use, in different aspects, particularly in the scope of ‘new’ forms of work, such as teleworking or working on platforms”.

The document stresses that it is also necessary to extend the coverage of collective bargaining to new categories of workers, including outsourced workers and to economically dependent self-employed workers.

“Positioning Portugal as a country of excellence to attract digital nomads” is another of the proposals in the Green Paper, which suggests the creation of “a specific tax framework and system of access to social protection for better integration” of these workers.

The Green Paper on the Future of Labor will be presented today by the Minister of Labor, Solidarity and Social Security, Ana Mendes Godinho, and by the Assistant Secretary of State for Labor and Vocational Training, Miguel Cabrita, at a meeting of the Social Concert that takes place by videoconference due to the covid-19 pandemic.

The presentation of a version of the document for public consultation and for discussion in Social Dialogue was initially scheduled for November 2020.

The Green Paper on the Future of Work has Teresa Coelho Moreira and Guilherme Dray as scientific coordinators.



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