The information on this page does not exempt you from consulting the Labor Code and Labor Law in force.
The contents here present may change at any time, in case of doubt, seek legal advice from a specialized professional.
Employment contracts can be fixed-term or open-ended, depending on whether or not they have a predefined duration.
In the case of fixed-term contracts, they may still be for a fixed or uncertain term.
The written form is only compulsory in the following cases expressly laid down in law:
Yes, under the same circumstances that a worker contracted without a term may be dismissed.
Up to 30 days after the contract has ended, the worker has preference for a contract under the same conditions, whenever the employer recruit’s workers from outside the company to perform functions identical to those for which they were originally contracted.
If the right to preferential admission is breached, the employer must pay the worker the equivalent of three months basic wages as compensation.
Both the employer and the worker have the mutual duty to provide information about relevant aspects of the employment contract.
The employer must inform the worker about the following aspects of the employment contract:
- Identification, place of work, headquarters and domicile of the employer;
- Occupational category and a short description of functions;
Date the contract is signed and comes into force;
- Foreseeable duration of the contract;
- Duration of holidays and criteria for fixing their dates;
- Conditions of payment;
- Normal daily and weekly work period specifying the cases in which it is defined as an average;
- Collective regulatory instrument applicable.
This compulsory information should be given in writing, applies to all contracts and must be officially signed by the employer.
If the contract is in writing, this compulsory information is considered to have been provided as long as the elements referred to in the previous paragraph are included.
Furthermore, when the worker has an employment contract regulated by Portuguese law, but conducts their activities in another Member State and if the work lasts for longer than 30 days, the employers should give the worker the following additional written information before their departure:
- Probable duration of the period of work to be carried out abroad;
- Currency and place of payment;
- Conditions for possible repatriation and access to health care.
As soon as the trial period is over, because the employer may freely terminate the contract during this period.