Flexibility of advertising and records of working times in the transport sector

Ordinance n.º 54-R/2023 of February 28 was published, amending Ordinance n.º 7/2022, of January 4, which regulates the conditions for advertising working hours and the way in which the respective times are recorded of work in the road transport of passengers and goods.

This Ordinance aims to simplify the advertising of working hours and the way of recording the respective working times, having introduced the following rules:

a) Advertising of working hours, driving times, rest breaks and daily and weekly rest breaks for workers who are subject to mobile working hours can now be done through a computer system or application, respecting certain requirements: the system must ensure, for example, time measurement functions, control of driver activities, maintenance of recorded data for 5 years).

b) Employers who publish working hours using a control device, /tachograph, and the respective tachograph record or by computer system or application are exempt from the obligation to record working times taken by their employees.

c) Up to 90 days after the entry into force of this ordinance, the employer may choose to advertise working hours by resorting to any of the modalities provided for in the ordinance and by using the individual control booklet provided for in Ordinance n.º 983 /2007, of August 27, authentication being waived.

This diploma enters into force the day after its publication, that is, March 1, 2023.

For additional details, please contact us: gabinete.juridico@aip.pt.