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With the growing diversity of working arrangements, such as shifts that cross different calendar days, the question arises: how should days of leave be counted? The correct interpretation of labour legislation is essential to ensure employees' rights and avoid conflicts in organisations.
In an opinion article for RH Magazine, Maria Luís Guedes de Carvalho, Senior Associate in the Labour practice, analyses decisions by the Guimarães Court of Appeal and the Supreme Court of Justice which confirm that the days of leave should be counted as full calendar days (from 00:00 to 24:00). This understanding guarantees employees the full right to rest, family integration and participation in social life.
‘Portuguese legislation determines that employees are entitled to a minimum of 22 working days of annual leave, but the most recent understanding is that these days must be taken in periods of 24 hours nonstop, respecting the limits of 00:00 to 24:00 of each day,’ explains the CCA lawyer.
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