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Working time exemption: What it is and how it works

17 de February, 2025

The exemption from working hours is one of the types of working hours provided for in Código do Trabalho. It is a working arrangement that gives workers flexibility and greater autonomy in managing their time.

However, it is a topic that can raise some questions, both for the workers themselves and for those responsible for human resources.

Find out what Portuguese legislation says about exemption from working hours.

What is exemption from working hours?

The exemption from working hours, provided for in Article 218 of Código do Trabalho, consists of greater flexibility in the execution of the employment contract with regard to its hourly component.

This working arrangement requires a written agreement between the employee and the employer and can be implemented in different ways. Find out which ones.

What modalities are there?

The exemption from working hours can take one of the following forms:

  1. Non-subjection to the maximum limits of normal working hours: this allows workers to exceed the weekly limit of 40 hours of work (in the case of private sector companies) without being subject to the normal overtime rules.
  2. Compliance with agreed normal working hours: in these cases, workers have a duty to comply with their normal working hours (the hours stipulated in the employment contract), but have the flexibility to decide the hours they prefer to work.
  3. Possibility of extending normal working hours: workers’ daily or weekly hours may be increased, but may not exceed 2 additional hours per day or 10 additional hours per week.

If the type of time exemption to be applied is not expressly defined, the first option prevails.

Who does it apply to?

The exemption from working hours may apply to workers with specific duties:

  • Professionals in management, administration, management or team leadership positions;
  • Professionals whose work is regularly carried out outside the company’s premises (e.g. commercial workers);
  • Professionals who carry out preparatory or complementary work that cannot be done during normal working hours.
  • Teleworking professionals.

Workers with other jobs can also be exempt from working hours, as long as there is a written agreement with their employer, as long as the law allows it or through collective bargaining agreements (agreements between employers and trade unions in a particular sector).

Does the exemption from working hours include any specific remuneration?

Article 265 of Código do Trabalho states that workers with exempt working hours are entitled to a pay supplement. This additional remuneration can be defined by a collective bargaining agreement or, if one does not exist, it must be based on the following:

  • It cannot be less than 1 hour of overtime per day;
  • It may not be less than 2 hours of overtime per week, if the time exemption scheme in force is that of observing the agreed normal working periods.

Exemption from working hours and attendance

The exemption from working hours does not cancel out the duty of attendance on the part of employees. As such, companies must keep records of their employees’ entries and exits, as well as the number of hours worked during the day and week.

Can exempt workers be paid overtime?

In the case of the possibility of extending the normal working period, overtime is considered to be any activity that exceeds the number of hours that were initially planned to be increased. For example, in a case where it has been agreed that a worker who is exempt from working hours can have their normal working hours increased by 2 hours on Mondays, if the worker needs to work more than the additional hours already planned, they are entitled to overtime pay.

The same is true in the case of observance of agreed normal working hours, in which the worker must also be paid overtime if he or she works more hours than those included in the normal working period.

In both situations, the worker is entitled to the working time exemption allowance and, at the same time, the overtime.

Time off and workers’ rest

The exemption from working hours does not compromise workers’ right to rest. They will continue to be able to enjoy their weekly rest (compulsory or complementary), compulsory holidays and daily rest hours between their respective working days.

In the latter case, daily rest periods must be at least 11 hours, in order to guarantee workers’ recovery. In other words, if workers finish work later one day, they must start work later the next.


Did you know all these aspects of the working time exemption scheme? It’s important to consider this information before accepting a job with exempt working hours and to assess whether the scheme meets your expectations and needs.

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