Article 249 of the Portuguese Labor Code sets out the legal rights of employees in regards to justified and remunerated absences. This article outlines the circumstances under which employees are entitled to receive compensation for absences and the conditions they must satisfy in order to receive this compensation. Understanding this article is important for employers and employees alike, as it helps to ensure that absences are treated fairly and in accordance with the law.
Understanding Article 249 of the Labor Code
Article 249 of the Portuguese Labor Code states that employees are entitled to compensation for justified absences. These absences include those due to illness, maternity, paternity, adoption and paternity leave, as well as absences due to the performance of public or military duties. Such absences must also be approved by the employer in order to be considered justified.
In addition, the article states that employers must pay employees at least the minimum wage for any justified and remunerated absences. The minimum wage is determined by the Portuguese government and is adjusted annually.
Compensating Justified Absences
Article 249 of the Labor Code also outlines the conditions that must be met in order for an absence to be considered justified and remunerated. Firstly, the employee must provide the employer with proof of the absence, such as a doctor’s note or other official document. Secondly, the absence must not exceed a certain period of time, which is determined by law and may vary depending on the type of absence. Finally, the employee must return to work within a reasonable period of time after the absence has been approved.
Overall, Article 249 of the Portuguese Labor Code provides important legal protections for employees in regards to justified and remunerated absences. It is important for both employers and employees to understand this article in order to ensure that absences are treated fairly and in accordance with the law.