(Answer given by Simão de Sant’Ana, principal lawyer at Abreu Advogados)
There is no inconvenience for the worker to change his legal-employment framework. Currently absent from the workplace with justification for assistance to the family, he may, if he wishes, put an end to this situation and request to meet the conditions for that purpose, his provision of work in teleworking, with the consequent alteration of the remuneration regime .
Remember that teleworking is foreseen as an exceptional measure related to the epidemiological situation, so it can be determined by the employer or required by the worker, as long as it is compatible with the functions performed. (Answer given by Susana Afonso, from CMS Rui Pena & Arnaut).
In our opinion, the discharge due to high-risk pregnancies does not absolutely prevent the other spouse from seeing his absences justified with the right to a 66% allowance for assistance to children under 12 years of age. What is expected is the impossibility for two parents to receive this exceptional subsidy, which in this case will not happen. In this way, absences will in any case be justified and allow access to the established exceptional allowance. (Answer given by Luís Gonçalves Lira da PRA)
If you are not in prophylactic isolation (determined by a health authority), that is, if the quarantine is voluntary, at the initiative of the worker, absences may be justified, but with total loss of remuneration. (Answer given by Luís Gonçalves Lira da PRA)
In this case, they should consider the absences as justified – since the reason seems to be reasonable. In any case, absences will give rise to loss of remuneration for those days, unless a declaration of prophylactic isolation (issued by a health entity) or sick leave, evidenced by a certificate of temporary incapacity for work, is presented. (Answer given by Luís Gonçalves Lira da PRA)
If you are issued with a certificate of temporary incapacity for work (aka, sick leave), the rules for that period of disability are followed. Otherwise, the absence from work, if justification is presented, may allow the justification of absences, but determines the loss of remuneration. (Answer given by Luís Gonçalves Lira da PRA)
No, in principle the company cannot determine the holiday enjoyment in this period, namely because such determination would violate art. 237, no. 4, since she will be prevented from taking a vacation, in the true sense of what “vacation” is. In addition, the determination of vacations, without the employee’s agreement, can only be made with respect to the period from May 1 to October 31, except for some special rule provided for in a collective labor regulation instrument. (Answer given by Luís Gonçalves Lira da PRA)
The initiative having been taken by the employer, it must assume the payment of the 100% remuneration. As for the food allowance, once there is no more effective provision of work, we understand that it will not be due. We emphasize that the situation and framework will be different, should the employer use one of the exceptional support mechanisms (approved in the context of COVID-19), which result from the closure of the company.