Regulation of the Decent Work Agenda: what changes?

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The changes to the Decent Work Agenda came into force on 6 July, with retroactive effect to 1 May 2023, and also apply to ongoing legal service situations.
Approved the Decent Work Agenda, a reform of labor relations that seeks to improve working conditions and facilitate harmonization between workers' professional and family lives.

To support this social support dimension of the Decent Work Agenda, Decree-Law No. 53/2023 was enacted on July 3, which brings the following changes:

1. Protection of young student workers
Strengthening social protection for young student workers and young students who work during school holidays.

Young people in this situation with annual earnings of up to €10,640 (14 times the india whatsapp number database minimum monthly salary) are allowed to accumulate family allowance, scholarships and survivor's pensions.

2. Protection of parenthood
Increase in the initial parental allowance and the extended parental allowance to 90% and 40% of remuneration, respectively, when there is an effective sharing of parental responsibilities.

Decree-Law No. 89/2009, of 9 April, which regulates parental protection and defines the types of benefits paid by Social Security, undergoes the following changes:

1. The periods referred to in the previous number are increased by 30 consecutive days in situations of shared leave, in the event that each parent exclusively enjoys a period of 30 consecutive days, or two periods of 15 consecutive days, after the period of exclusive initial parental leave enjoyed by the mother, corresponding to 42 days after childbirth.


2. The initial parental allowance exclusively for the mother may be granted for an optional period of up to 30 days before the birth and, mandatorily, for a period of 42 consecutive days after the birth, which are included in the period of granting the initial parental allowance.


3. The initial parental allowance exclusively for the father is granted for the following periods:

a) 28 days of mandatory leave, consecutive or interpolated by at least 7 days, of which 7 are taken consecutively immediately after birth and the remaining 21 in the 42 days following this;

b) 7 days of optional leave, consecutive or interpolated, provided that they are taken simultaneously with the mother's initial parental leave.

4. The adoption allowance is granted to prospective adopters in duly proven situations of adoption of minors under 15 years of age, except in the case of adoption of a child of the beneficiary's spouse or of the person with whom he or she lives in a de facto union, and corresponds, with the necessary adaptations, to the initial parental allowance, the initial parental allowance exclusive to the father and the extended parental allowance.


5. The extended parental allowance is granted for a period of up to three months to either or both parents simultaneously or alternately.


6. The daily amount of benefits due in the periods of addition to the initial parental leave for the birth of twins, for hospital admissions and for prematurity up to 33 weeks.


7. Both the initial parental allowance and the extended parental allowance benefit from an increase to 90% and 40% of the remuneration respectively, when there is an effective sharing of parental responsibilities;


8. The initial parental allowance corresponding to the enjoyment of initial parental leave and the extended parental allowance corresponding to the enjoyment of extended parental leave can now be combined with income from work.

3. Protection in illness
Possibility of justifying illness by self-declaration for workers in public functions integrated into the convergent social protection regime.

When the worker's illness does not exceed three consecutive days, up to a limit of twice a year, the worker may justify the absence by means of a self-declaration of illness, under oath, issued by the digital services of the National Health Service, or by the digital service of the regional health services of the Autonomous Regions.

Amendment to the General Law on Employment in Public Functions

If the employee falls ill during the holiday period, the holiday shall be suspended provided that the public employer is informed of the fact, and proof of this is provided in accordance with the law, and the employee shall continue to enjoy the holiday days still included in that period immediately after discharge.

This decree-law shall come into force on 6 July 2023 and shall have effect from 1 May 2023.