The telework in the Portuguese and Cape Verdean legal systems:

brief comparisons

Abstract

The telework regime in Portugal is subject to new rules as of 1 May 2023. Law 13/2023 of 3 April was published, amending the Labour Code - hereinafter referred to as CT - as part of the decent work agenda. The importance of teleworking has tended to increase in recent years, as the technological revolution has deepened and the use of telematic means has become more widespread, as well as the COVID-19 pandemic, which has led to more intensive and compulsory use of teleworking. Faced with this phenomenon, the Portuguese legislator earmarked and amended some of the CT's rules for this contractual modality. This is no longer the case in Cape Verdean law. Legislative Decree 11/2018 of 5 December, which regulates teleworking, has not undergone any changes since its publication. Despite being recent, it presents a legal framework for teleworking that predates the COVID-19 pandemic but is capable of responding to various needs. In this way, we intend, throughout this work, to address the figure of teleworking and some of the aspects of its legal regime in force in Portugal and Cape Verde. In this respect, we were able to draw some comparisons between the two legal systems and understand how each one corresponds to this new reality.