Portugal: Contracts of Employment

Original authors: David Carvalho Martins, António Monteiro Fernandes, Nuno Abranches Pinto and Filipa Lopes Galvâo, Littler | Portugal  

Updating authors: Tiago Sequiera Mousinho, Rui Rego Soares and Gabriela Plácido, Littler | Portugal  

See the legal services provided by the author of International > Portugal, including any discounts/offers for subscribers.

Summary

• Standard employment contracts are not required to be in a specific format. The parties involved may mutually agree on the terms and conditions of the employee's job role. (See General)
• The duration of the probationary period differs depending on the type of contract and the job performed. (See Probationary periods)
• There are eight different types of contracts, namely open-ended/permanent, fixed-term, uncertain fixed-term, very short-term, temporary, part-time, service commission and service provision contracts. (See Types of contract)
• There is a legal requirement for some employment contracts to be in writing, but a verbal contract may be concluded in certain circumstances. (See Written contracts of employment)
• Any changes to the terms of the contract of employment must be consensual and in writing. (See Variation of contract)
• Restrictive clauses in employment contracts are permitted, eg non-competition clauses, non-solicitation clauses and non-customer acquisition clauses, but must meet certain conditions to be valid. (See Restrictive covenants)