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In 2022, a certain employer (Primark) made the news for being "forced to give time off" over the weekend to a worker with a child under the age of 12, even though this is not what the law states.
In an op-ed article for RH Magazine, Maria Luís Guedes de Carvalho, Senior Associate at CCA Law Firm's Labour practice, comments on the Supreme Court's decision in this case and reflects on the flexible working hours regime.
"(...) pending clarification by lawmakers of the legal concept of flexible working hours, it will be up to the Commission for Equality in Labour and Employment (CITE) and the courts to interpret it in the light of the Constitution and the law. Such bodies cannot do so in such a way as to eradicate the employer's power of direction.Conditioning and restricting such power are acceptable mechanisms to resolve a collision of fundamental rights, provided those mechanisms comply with the principles of necessity, adequacy and proportionality, and the employer is not required to make all the sacrifices (even the unbearable ones)," emphasises the senior associate.
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- RH Magazine