Recruitment Portugal

LABOUR LAWS IN PORTUGAL

Under the Labour Code in Portugal employee's statutory holiday entitlement is a minimum of 22 days per annum. During the first year of employment the entitlement is two days paid holiday for each month of employment (which can only be taken after six consecutive months have been worked) up to a maximum of 20 days. If for any reason this leave cannot be taken during the first year it can be carried forward to the next year but accumulated leave cannot be used to take holidays of longer than 30 days duration. If the employee has no absence from work or up to three justified absences, the employer can increase the paid holidays to 25.

Temporary labour contracts can be issued to satisfy any short term company needs and cannot run for more than three years. They are terminated at the end of the agreed period by a written notification from the employer giving a minimum of 15 days notice. Certain jobs with no fixed period of employment but subject to the completion of a project may require notice of 7, 30 or 60 days for six months, six months to two years or two years and over respectively.

If an employee has a contract with a fixed date and wishes to leave before its expiry he is required to five 15 or 30 days notice to the employer depending on the terms agreed.

If an employer terminates a temporary labour contract and hires a new employee for the same job, the period of employment allowed is now one third of the duration of the original contract (including renewals). Exceptions to this rule are:
- Unusual increase in activity after the termination of the contract
- Seasonal activities