Remote work in 2026: the legal obligations your company cannot ignore

The written agreement: the first step many companies skip

The law is clear: any remote work arrangement must be supported by a written agreement between employer and employee. This document is not just an internal record - it has direct implications for the employment relationship and each party's responsibilities.

The remote work agreement must include the following elements:

Description of activities to be carried out remotely

Location of work (employee's address or other agreed location)

Identification of work tools provided by the employer

Method of compensating additional expenses borne by the employee

Duration of the agreement and conditions for termination or reversal

Working hours and expected availability periods

Note: reversibility of remote work - The employer can revoke the remote work agreement, but must respect a notice period. For permanent contracts, either party can end remote work with 30 days' notice - unless otherwise agreed. Forcing a return without respecting this period may constitute an unlawful practice.

Equipment and expenses: the company's responsibility

One of the most common questions concerns equipment and expenses associated with remote work. The general rule is simple: the employer benefits from remote work, so it is their responsibility to ensure the necessary conditions.

💻 Work equipment - The company must provide the necessary equipment (computer, monitor, peripherals). If the employee uses their own equipment, agreed compensation must exist.

🌐 Internet and connectivity - Internet and phone expenses generated by remote work should be fully or partially covered by the employer.

💡 Energy and consumables - Increased electricity costs are considered an employee expense eligible for compensation. Many companies opt for a fixed monthly allowance.

🛠️ Maintenance and repair - Maintenance and repair of company-provided equipment is always the employer's responsibility, regardless of the location of use.

The right to disconnect: an underestimated obligation

Portuguese legislation expressly enshrines the right to disconnect for remote workers. In practice, this means companies cannot contact employees outside established working hours, except in force majeure situations.

Access to premises and equal treatment

The law guarantees that remote workers have the same rights as their colleagues working on-site. This includes: access to company premises, participation in meetings, training opportunities, career progression and access to benefits.

Points frequently overlooked by companies

Remote workers cannot be passed over for promotions simply because they are not physically present

The company must ensure health and safety conditions at the remote work location

Remote workers are entitled to participate in training activities on the same terms as on-site workers

Monitoring employee activity at home is subject to specific privacy rules - invasive surveillance software may be illegal

Workers with children up to 8 years old have the right to request remote work, when compatible with the role

What your company should do now

If your company still does not have formalised remote work agreements for all employees working remotely - even if it is just one day a week - it is time to act. The ACT has intensified inspections and fines for non-compliance can be heavy.

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