Depressão Charles: Enquadramento das Ausências dos Trabalhadores

However, the order does not require private companies to close, nor does it grant their employees a general exemption from attending work.

We address the main questions concerning the legal framework applicable to employee absences on this day, considering the two possible scenarios:

1. Where the employer decides to close its premises

In this scenario, employees will not be considered absent from work. Rather, this will constitute a temporary suspension of the company's or establishment's operations.

The closure may result from exceptional circumstances that prevent the company from operating normally, or from a preventive decision by the employer, justified by the risks posed by the weather conditions to employees' safety.

In either case, employees retain their right to remuneration during the period of closure, in accordance with the applicable legal provisions.

2. Where the employer keeps its premises or establishment open

In this scenario, employees will, in principle, be required to attend work. However, certain circumstances may justify their absence, particularly where, due to school closures, they need to look after their children, or where weather conditions prevent them from travelling to their workplace.

The legal treatment of such absences will depend on the specific circumstances of each case. Of particular relevance will be determining whether the employee is genuinely unable to attend work for reasons beyond their control.

In such circumstances, there may be grounds for treating the absences as justified, with no loss of remuneration.

Where no genuine impossibility of attending work exists, the absences may nevertheless be authorised or approved by the employer, in which case they will generally result in a loss of remuneration.

For this purpose, the employer may request the necessary supporting documentation from employees to justify their absences and assess whether there was, in fact, an inability to attend work.

The mere existence of weather warnings or adverse weather conditions may not, in itself, be sufficient to justify a particular absence.

In either scenario, employers are advised to assess the specific circumstances of each case and seek solutions that balance employee safety with the operational needs of their business.