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2024-05-21
Carlos de Oliveira Sarmento explains transfer of workplace by employer

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As stipulated in the Portuguese Labour Code, and in order to provide some certainty, the employer must inform the employee of their workplace or specify that they work in several locations, and employees have the right not to be transferred to another workplace by the employer.

In an opinion article for RH Magazine, Carlos de Oliveira Sarmento, Senior Associate at CCA Law Firm’s Labour department, mentions cases in which an employer can transfer an employee to another workplace - temporarily or permanently.

“According to Article 129 Portuguese Labour Code, employees have the right not to be transferred to another workplace by their employer, which is understandable, since this guarantee gives employees some certainty in the way they organize their personal lives, and, not infrequently, personal lives are organized according to the workplace,” emphasizes the lawyer. He adds that “In any case, the idea we want to convey is that the employer may not unjustifiably change the employee's workplace but must justify the reasons underlying such a transfer.”