People Management

⏱ 6 min

If My Employer Asks Me to Work on a Mandatory Public Holiday, Must I Go?

Your employer asked you to work on a mandatory public holiday? Find out when you can refuse, when you are obliged and what you are entitled to receive.

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This is one of the most common questions in Portuguese HR management. The answer is not simply yes or no - it depends on the sector, activity and contractual provisions.

The general rule: no, you are not obliged

Under the Portuguese Labour Code, a mandatory public holiday is a rest day. The employee is not required to work, except in exceptional cases established by law.

When you may be required to work

  • Essential services: health, security, utilities, transport. In these sectors the employer can require work on public holidays, subject to legal minimum service rules.
  • Your contract or collective agreement explicitly provides for work on public holidays in exchange for premium pay or compensatory rest.
  • Your role is in a sector where the Labour Authority has approved continuity of operations.

What you are entitled to receive

If you work on a mandatory public holiday, you are entitled to: payment with a 50% surcharge on the normal hourly rate; OR compensatory rest of an equivalent period. Some collective agreements provide more favourable conditions.

This article is for informational purposes only and does not constitute legal advice.

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