The employer has powers to organize the company's activities, but cannot freely change everything that was agreed with the worker. As a rule, it is the employer's responsibility to determine the work schedule, respecting legal limits, but before any change, they must hear the workers involved and representative structures, announcing the change seven days in advance, or three days in the case of a micro-enterprise.
If the schedule was individually agreed with the worker, or if the worker was specifically hired for a particular type of schedule, the Labor Code prevents the employer from changing it unilaterally. A 2025 ruling by the Lisbon Court of Appeal confirmed that it is not enough to say that the boss makes the schedules — it is necessary to understand how that specific schedule was established and whether it constituted an essential element for the conclusion of the contract.
Regarding duties, the worker normally performs the duties for which they were hired, but the law allows for so-called functional mobility, meaning the temporary assignment of other tasks when the company's interest requires it. This possibility has limits: the change must be temporary, cannot cause a substantial modification of the worker's position, nor be used to reduce remuneration.
Returning from vacation does not grant additional powers to the employer. The company may take advantage of this moment to implement already planned reorganizations, but remains obligated to comply with the same labor rules. Therefore, before accepting or challenging any change, it is important to consult the employment contract and any applicable collective agreement, as specifically agreed conditions may limit what the company can unilaterally change.
