News

Installation of Electric Chargers and Condominium Conflicts: what allows the law?

January 2021

The exponential increase in the purchase of electric vehicles clearly demonstrates the increasingly pressing concern of consumers with environmental issues, coupled with the awareness that an environmentally friendly vehicle is also more financially sustainable. Thus, the installation of an electric charger in our garages is an indispensable convenience, whether it is private use or a common part of a building constituted under horizontal ownership. But what can be done through a conflict with the Condominium Administration that insists on the prior authorization of the Condominium Assembly?
In fact, decree-law no. 90/2014 of June 11, that any condomino, tenant or legal occupant may, at its own expense, install charging points for batteries of electric vehicles or electrical outlets, in the existing building sites, provided that it communicates its claim to the administration of the condominium, at least 30 days in advance on the desired date for installation. This communication must follow the document proving that the said installation complies with the technical requirements defined by dgeg.
Therefore, the legislation is clear: the installation does not require authorization, only prior communication to the Condominium Administration.
However, there are three situations that the Condominium Administration may invoke to support the reported installation, namely: 
• When, after the communication, the Condominium Administration proceeds to the installation of a charging point of electric vehicle batteries for shared use that guarantees the same services, technology and the needs of all its potential users.
• When the building already has a charging point or electrical outlet for shared use that guarantees the same services and the same technology.
• When the reported installation endangers the safety of persons or property or harms the architectural line of the building.
Thus, any other reason invoked by the Condominium Administration may not prevent the installation of a charging point for electric vehicles.

For more information contact: crystalmeneses@jpg-associados.com

Mandatory teleworking? Yes or no?

November 2020

Portugal faces a new wave of the Covid-19 epidemic and renewed the calamity situation in the country, new measures were also presented, through the Resolution of the Council of Ministers no. 92-A / 2020, of 3 November. One of the questions that most raise questions is teleworking. In 121 counties, in which cases are increasing at an alarming rate, there are new measures and one of them is teleworking. The teleworking regime is mandatory and must be adopted whenever the functions in question permit, regardless of the employment relationship. As such, no written agreement is required between the two entities. The employer has the duty to provide the worker with the necessary tools so that he can do his work from home. If the worker does not have the conditions to work in teleworking, he must inform the employer in writing of his impediment. In cases where there is an incompatibility between the functions performed and the teleworking regime, the employer must inform the worker concerned in writing of this fact. In this situation, the worker may request from the Authority for Working Conditions (ACT), within three working days, after receiving the communication from the employer, information on the fulfillment of the legal requirements for maintaining the exercise of functions in person. . For its part, ACT has five working days to respond to the worker. Workers who perform functions in essential services are excluded from this regime, as stipulated in article 10 of Decree-Law no. 10-A / 2020, of 13 March. It should also be borne in mind that teleworkers continue to have the same rights and duties as other workers, maintaining both the same limits as normal working hours and the same remuneration, while still retaining the right to food allowance. , despite the exercise of functions from home.

Tribute to Dra. Regina Quintanilha

July 2018

"Dr. Regina Quintanilha was the first woman with a degree in Law and Lawyer in Portugal, as well as the first judicial prosecutor, first notary and first conservator of the land registry. As a Lawyer she made her debut at the Tribunal da Boa Hora, on 14 November of 1913, after the Supreme Court of Justice gave him authorization to advocate. However, it was not until 1918 that Decree 4676, of 19 July, enshrined the full opening of Advocacy to women. " 

Tractor Accident - Scope of Auto Insurance Coverage

July 2018

"The Court of Appeal of Guimarães (TRG) decided that the accident that is caused by the overturning of a tractor at the time when it was immobilized, serving as support for agricultural work, is not covered by the mandatory motor insurance coverage, with the engine running to start the herbicide spray pump. " 
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