Holiday Approved, Flights and Hotel Booked: Can Your Employer Force You to Change Your Leave?

As a general rule, once annual leave has been scheduled, an employer cannot change it. However, there are exceptions, as explained by Filipa Ribeiro Gonçalves, a lawyer at Dower Law Firm, in comments to Notícias ao Minuto.

"As a rule, annual leave is scheduled by agreement between the employer and the employee. If no agreement is reached, the employer may determine the holiday period, provided they comply with the legal limits and seek to distribute the most sought-after periods fairly. Once annual leave has been scheduled, the employer cannot simply change it," she explained.

There are, however, limited exceptions. "Under the Portuguese Labour Code, an employer may only change scheduled annual leave—or interrupt leave that has already begun—where there are imperative operational requirements of the business."

According to Filipa Ribeiro Gonçalves, these are "exceptional and unavoidable circumstances," such as "a serious breakdown requiring the urgent intervention of a specialised employee or an important and unforeseen order that cannot be fulfilled without that employee's presence."

Is the Employee Entitled to Compensation?

"If the employer changes the employee's annual leave under these circumstances, the employee is entitled to compensation for any losses incurred, including transport costs, accommodation expenses, or any other non-refundable costs. Where the leave has already begun, any interruption must still allow the employee to take at least half of their statutory annual leave consecutively," the lawyer explained.

In other words, unless both parties agree otherwise, an employer may only unilaterally change scheduled annual leave in genuinely exceptional circumstances and may be held liable for any losses suffered by the employee as a result.

How Many Days of Annual Leave Are Employees Entitled To?

If you are unsure how many days of annual leave you are entitled to, Portugal's Authority for Working Conditions (ACT) provides an online calculator to help determine your entitlement.

"Find out how many days of annual leave you are entitled to in your year of joining and in the following year," the ACT advises in a post shared on Instagram.

The calculator was developed based on the legislation in force as of 1 May 2023. It does not cover situations subject to special legal regimes or collective bargaining agreements, nor does it reflect legislative adaptations applicable in the Autonomous Regions of the Azores and Madeira.