In November 2021, Portugal adopted a landmark labour law that significantly reshapes the boundaries between work and private life: under the new legislation, employers are banned from contacting employees outside their scheduled working hours — unless there is a true emergency. 

What the Law Requires

Under the amended labour code (through Law 83/2021, which took effect on 1 January 2022), companies with more than ten workers are no longer permitted to send calls, emails, texts — or other work-related communications — to staff outside of official working hours.  The rule covers all periods considered rest time, including normal evenings after work, weekends, vacations, and public holidays. 

The only exception allowed by law is “force majeure,” that is, emergencies or unforeseen, unavoidable events — and even then, contact must be strictly limited to what is necessary. 

If employers violate this duty — for example, by emailing staff about routine work after hours — they risk being fined. Some sources note that fines can reach up to several thousand euros per infringement.

In addition to the communication ban, the law includes other protections designed for an era of growing remote work. Employers are required to contribute to home‑working expenses (such as electricity and internet), and remote‑working staff should not be subject to digital monitoring. 

Why Portugal Adopted This Law

The legislation responds to a dramatic increase in remote work triggered by the COVID-19 pandemic. Many employees found themselves tethered to their workplace around the clock — receiving emails, messages or calls late at night, or during weekends. 

Advocates of the law argue that this “always-on” culture erodes work‑life balance, damages mental health, and undermines the boundary between professional duties and personal life. As a public statement by a government representative put it: remote work must not revert us to a state “where the working day stretched out endlessly.” 

By enshrining a legal “right to rest,” the law aims to restore clear boundaries, ensure dignity for employees, and safeguard private time as something more than an informal courtesy. 

Wider Context: Part of a Global Trend

Portugal’s move reflects a broader European — and global — trend favoring the so-called right to disconnect. Several countries had already adopted similar laws or frameworks to protect workers’ off‑hours time. For example, France was among the first to introduce such protections.

More recently, other countries including Australia have also moved toward giving employees legal cover for ignoring work‑related communication after hours. 

The trend shows a recognition that labour laws — many of which were originally designed for industrial-era workplaces with fixed hours — need to evolve to reflect the realities of digital communication, remote work, and the blurred lines between office time and personal time.

Benefits — and Challenges

Supporters of Portugal’s law highlight several important benefits:

• Improved Work‑Life Balance & Mental Health: By legally protecting rest periods, the law helps prevent burnout and stress associated with constant connectivity.

• Clear Legal Boundaries: Employees no longer have to rely on goodwill or informal norms; they have legal right to ignore work after hours.

• Adaptation to Remote Work Reality: As remote and hybrid working becomes more common, labour law is catching up with how work is actually done.

However, critics also raise concerns about practical enforcement and unintended consequences. Some warn that strict restrictions might make employers reluctant to allow remote work at all, or discourage flexibility in managing urgent tasks.  Others note that if the “force majeure” exception is misused, the protection may lose effectiveness. 

Conclusion

With the passage of Law 83/2021, Portugal has set a powerful example of how governments can adapt labour regulation to the digital age. By legally safeguarding “off‑hours” and giving workers a right to rest — not merely an informal courtesy — the country acknowledges that employee well‑being, work‑life balance, and private time deserve the protection of law. As remote work becomes the norm across the world, such legislation may become increasingly relevant outside Europe as well.