Ana Luísa Beirão, co-head of the Employment and Social Security department at SRS Legal, goes further and even considers that 'if such an email were accompanied by a threat of dismissal, it could be considered a form of labour harassment'. And thus 'illegitimate, infringing on workers' rights and violating the fundamental principles of labour law'.
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'In Portugal, workers are not obliged to consult or reply to emails outside of their working hours. If employees' working hours include Saturday and Sunday off, there is no obligation to read or reply to emails sent during that period,' emphasises Ana Luísa Beirão, from SRS Legal.
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'This email could not be considered a true performance appraisal under Portuguese labour law,' notes Ana Luísa Beirão, from SRS Legal. Performance appraisals are covered by Portuguese labour legislation, 'both in the public and private sectors', says the lawyer, stressing that 'they must follow objective criteria, defined in advance and known to the employee, guaranteeing transparency and the possibility of investigation'.
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