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Portugal: Decree-Law no. 53/2023 of 3 July regulates the Decent Work Agenda

  • On 3 July 2023, Decree-Law no. 53/2023 which regulates de Decent Work Agenda was published in the Official Gazette. 
  • Thee Decent Work Agenda, approved by Law no. 13/2023 of 3 April 2023,  provides measures to improve working conditions and the conciliation of employees' professional and family lives.
  • The Decree entered into force on 6 July 2023 and takes effect retroactively since 1 May 2023.

The Decent Work Agenda introduced essential amendments to the Labor Code and Labor Code Regulation, and the Social Security Contributions Code. An extense labour reform that covered the most diverse aspects of the employment relationship, from the parent-protection regime to regulation of internships for students, remote work, or sick leave, amongst others.

Decree-Law no. 53/2023 aims to strengthen social protection in specific areas, such as work-life balance for workers, sharing and accompanying children, young students and workers, illness, maternity, paternity, adoption, and death.

The main provisions can be summarised as follows: 

- Internships need to be remunerated of at least 80% of the minimum wage;

- Paternity leave increased to 28 and 7 days, in cases of compulsory or optional enjoyment, respectively, and may be suspended during the period of hospital stay of the child;

- Exemptions and licenses are extended to adoption and foster families;

- Certain social benefits or parental allowances may be combinable with employment income;

- The worker's absence due to illness not exceeding three consecutive days may be justified by self-declaration of illness up to a maximum of twice a year.

The new scheme applies to benefits in progress, provided that the periods to be taken are declared to the management body until 7 August 2023.

The National Council of Employers' Confederations (CNCP) addressed the President of the Republic and appealed to consider unconstitutional some amendments made to the labour code through Decree-Law no. 53/2023.