Portugal: Recruitment and selection

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

• Although employers are free to employ whomever they wish, they must act in good faith and comply with the principle of equal opportunities and anti-discrimination. (See Discrimination)
• There are no strict restrictions on where or how employers may advertise job vacancies, but they must comply with the general legal principles established in the Labour Code. (See Advertising vacancies)
• Employers may only ask candidates questions that are strictly necessary and objectively relevant to the position. There are restrictions on the background checks that employers may conduct regarding candidates' private life, health or pregnancy. (See Selection)
• There is no general legal obligation for employers to issue a formal offer letter prior to hiring but written documentation is mandatory in certain cases. (See Job offers)
• The general minimum age for employment is 16 years old. There are restrictions on the type of work that minors may perform, and there are specific working time limits and rest periods applicable to minors. (See Young people and children)
• The rules regarding the free movement of people and the freedom to work apply to EU nationals. Individuals from third party countries are required to apply for a work visa before entering Portugal. (See Foreign nationals)
• Qualifying employers must ensure that a specific amount of their workforce is made up of people with disabilities. (See Employment quota for people with disabilities)
• There may be circumstances where certain employees have a right to information about jobs available in the establishment or where employers are required to consider employee requests. (See Priority for employment)
• Employers must keep data regarding the recruitment processes. (See Formalities)