In March 1999, legislation was published narrowing the scope of the definition of night work in Portugal, thus implementing parts of various international instruments (such as the EU working time Directive) and a commitment in a 1996 national tripartite agreement.
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In March 1999, legislation was published narrowing the scope of the definition of night work in Portugal, thus implementing parts of various international instruments (such as the EU working time Directive) and a commitment in a 1996 national tripartite agreement.
New legislation defining night work was published in late March 1999. This legislation (decree-law 96/99 of 23 March 1999) is based on international instruments including the 1990 International Labour Organisation [Convention 171 on night work](http://ilolex.ilo.ch:1567/public/50normes/ilolex/pdconv.pl?host=status01&textbase=iloeng&document=172&chapter=1&query=(C171) and EU Council Directive (93/104/EC) on certain aspects of the organisation of working time. Portugal's 1996-9 tripartite Strategic Concertation Pact (PT9808190F) provided for a narrowing of the definition of night work, to be based on law and achieved through collective bargaining, which was considered the most appropriate means of adapting the legal regime to the needs and demands of each sector of activity. The proposed law on the definition of night work was submitted to concertation among the social partners and opened up for public assessment.
The terms of the new legislation are applicable to both men and women. Previous legislation prohibited women from working at night. Child labour issues are dealt with in other legislation.
The definition of night work is now work which is carried out for a minimum of seven hours and a maximum of 11 hours, including the period between 00.00 and 05.00. The actual period of night-time work, within these statutory limits, is to be established through collective bargaining. If no decision is reached through collective bargaining, the applicable period will be from 20.00 one day to 07.00 on the following day.
Previous legislation (decree-law 409/71 of 27 September 1971) considered night work to be work performed between 20.00 and 07.00 on the following day. It also stipulated that "instruments of labour regulation" (ie collective agreements or government orders) could define night work as work performed in 11-hour blocks, provided that these included seven consecutive hours between 22.00 and 07.00.
Eurofound recommends citing this publication in the following way.
Eurofound (1999), Legislation narrows scope of night work, article.
