Portugal: Employee Rights

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

Updating authors: Tiago Sequeira 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

• There are several rules on normal and maximum working time, overtime, night work and shift work. There are also different flexible working arrangements. (See Hours of work)
• There are various rules on minimum rest breaks and rest periods. (See Rest breaks and rest periods)
• There are specific rules regarding work provided on mandatory rest days or public holidays. (See Sunday and weekend working)
• All employees are entitled to a minimum of 22 days of annual leave each year of employment. (See Holiday and holiday pay)
• Maternity leave is part of the broader parental leave system. Mothers can take up to 30 days of leave before the birth and must take at least 42 consecutive days of compulsory leave after the birth. (See Maternity and pregnancy rights)
• Parents can choose between 120 days of leave at full salary or 150 days at 80% of their salary. (See Parental leave)
• Paternity leave forms part of parental leave. Fathers are entitled to 28 days of paternity leave. (See Paternity leave)
• Informal caregivers are entitled to five days of paid leave per year. (See Carer's leave).
• In some circumstances, employees may be entitled to unpaid leave. (See Other leave).
• Part-time employees are subject to specific rules. Employees are protected by the broad principle of equality but a pro-rata principle applies unless provided otherwise. (See Part-time workers)
• Fixed-term employees are entitled to some specific rights and are subject to contractual limitations. (See Fixed-term workers)
• Temporary agency work is permitted in specific circumstances. Temporary workers are subject to the employment law regime applicable to the user company in respect of many working conditions. (See Temporary agency workers)
• Generally, teleworkers (remote workers) in the same job category and who perform the same function as other employees in the company have the same rights and duties as those employees. (See Remote workers)
• Employees posted from other countries to work in Portugal may be subject to Portuguese employment legislation. (See Posted workers)
• The transferor is jointly and severally liable for the employee's claims arising from the employment contract, its breach or termination up to the date of the transfer and two years following the transfer. (See Transfer of undertakings)
• There are some rules applicable to insolvency situations, specifying some cases where employees should be compensated. (See Insolvency of employer)
• Various statutory rules govern the disciplinary sanctions that employers may apply to employees and the related procedure. Employers may formulate internal grievances procedures but it is not obligatory to do so. (See Disciplinary and grievance procedures)
• Employers may be required to have internal rules on specific matters, for example, on bullying or whistleblowing. (See Internal rules)
• Harassment, including sexual harassment and harassment based on discriminatory factors, is prohibited by law. (See Bullying)
• The processing of employees' data is permitted in accordance with the restrictions outlined in the Labour Code, but employers inform employees about the specific purposes for which personal data is being requested and will be processed. (See Data and privacy protection )
• Employers have obligations to protect whistleblowers. (See Whistleblowing)
• Employers are encouraged to include the provisions of the right to disconnect in their internal rules and clearly define the employer and employee's respective obligations, limitations and rights. (See Right to disconnect)