Working-Time Liability Map
Ring 1, Verified figuresWage shield + Right to Disconnect
Portugal

Portugal

Verified figures: penalty quantum published and sourced against statute, regulator and case law.

Legal basis

Código do Trabalho (Lei 7/2009): art. 202.º (recording duty), art. 215.º (work-schedule map / mapa de horário), art. 199.º-A (right to disconnect, added by Law 83/2021, dever de abstenção); WTD 2003/88/EC transposition; CJEU C-55/18 and C-342/12 (ACT immediate-access right); GDPR. Enforced by Autoridade para as Condições do Trabalho (ACT). Verified against Código do Trabalho + ACT.

Recording & rest-period duty

Art. 202.º CT requires every employer to keep individual working-time records for all workers, including those exempt from fixed schedules (isentos de horário), day by day, worker by worker, showing start/end times, interruptions/breaks, and total hours per day and per week. Applies to all companies regardless of size or sector, and to teleworkers. Records must be kept in an accessible place allowing immediate consultation (by the worker and by ACT); retention 5 years. Format free (paper/Excel/software) if complete and accessible. CJEU C-342/12 confirmed ACT's right to immediate access to the records. Art. 215.º requires a work-schedule map (mapa de horário), its omission is itself a grave contraordenação. Overtime (horas extraordinárias) must be documented within the art. 202.º record whenever it occurs; banco de horas (hours-bank) arrangements add complexity a simple sheet handles poorly. Eleven-hour daily rest mandatory.

Penalty exposure
Verified figures

Breach of art. 202.º (recording) or art. 215.º (schedule-map omission) = contraordenação GRAVE. Coimas scale with company size, turnover and repeat/inspection context. Verified RANGE: from ~EUR 612 and exceeding EUR 9,000 for larger employers. The EUR 9,690 figure is consistent with the upper grave-tier band and is indicative; the exact coima depends on company size, UC value and the contraordenação table in force, so confirm the current table with ACT for the precise quantum. ACT inspects actively and without prior notice. Right to Disconnect (art. 199.º-A) breach can also be treated as a contraordenação. 11h daily rest; daily/weekly rest and break rules per CT.

Primary compliance focus
Wage shield + Right to Disconnect
Directives in scope hereRegulatory Directives →
Working-Time LiabilityNational
ACTIVE
Contraordenação grave: from ~€612, exceeding €9,000 (€9,690 directional)
Código do Trabalho art.202 (recording) + art.215 (mapa de horário) + art.199.º-A (RtD, Lei 83/2021)
NIS2National
ACTIVE
Up to €10M or 2% Turnover
Portuguese NIS2 Transposition + CNCS
DORANational
ACTIVE
Banco de Portugal + CMVM fines
DORA + Banco de Portugal Circular
EU AI Act, Article 14National
IMPLEMENTING
CNPD + up to 6% turnover
AI Act + CNPD Expanded Mandate
Working-time vectorsBadge indicates the enforcement level for each vector
1
Wage Recording DutyHard
Law · Código do Trabalho art.202.º (universal recording, 5-yr retention) + CJEU C-342/12
Art. 202.º CT: every employer keeps individual working-time records for ALL workers (incl. isentos de horário), day-by-day worker-by-worker, start/end, interruptions/breaks, total hrs/day and /week; all sizes/sectors + teleworkers; kept in an accessible place allowing IMMEDIATE consultation by the worker and ACT; retention 5 YEARS; format free if complete/accessible. CJEU C-342/12 confirmed ACT's immediate-access right. Art. 215.º work-schedule map (mapa de horário), omission is ITSELF a grave contraordenação. ACT inspects without prior notice.
2
Overtime & Wage UnderpaymentHigh
Law · Código do Trabalho, horas extraordinárias + banco de horas
Overtime (horas extraordinárias) must be documented within the art. 202.º record whenever it occurs; banco de horas (hours-bank) arrangements add complexity a simple sheet handles poorly.
3
Mandatory Rest PeriodsHigh
Law · CT, 11h daily rest + weekly rest + breaks
11h daily rest, weekly rest and break rules per Código do Trabalho (WTD transposition).
4
Right to DisconnectHard
Law · Código do Trabalho art.199.º-A (Lei 83/2021), employer DUTY (dever de abstenção)
Art. 199.º-A frames the Right to Disconnect as an EMPLOYER duty (dever de abstenção): the employer must ABSTAIN from contacting the worker outside working hours except force majeure. One of the stricter EU RtD regimes because it is an employer OBLIGATION, not only a worker right; breach can be a contraordenação. The €9,690-per-violation figure is directional (upper grave-tier); exact coima depends on company size/UC value.
What this means for employers operating in Portugal

Employers in Portugal are subject to the WTD working-time recording obligation and the CJEU C-55/18 standard requiring an objective, reliable, and accessible recording system. An editable HRIS export does not meet this standard. //AIRGAPT produces a hardware-signed, employer-unalterable evidence chain that is designed to meet it.

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