6 months of work: what are my rights?

There are many doubts and questions from employees about their rights under the Labour Code and what their obligations are towards their employer, particularly once they have completed their first 6 months of work. It should be noted that for many positions, particularly management functions, the first 6 months are considered an experimental period. However, this period can vary depending on the type of contract and the type of role the candidate will be performing, and for most positions the trial period is 90 days. In this article, we've selected some of the most common questions about holiday entitlement and allowances, benefits, protection against unfair dismissal, the role of trade unions and the procedures to adopt in the event of conflicts after the first 6 months of employment. We'll try to give you the best answer to each one. 

AFTER 6 MONTHS OF WORK, AM I ELIGIBLE FOR HOLIDAYS?

After six months' service, the worker is entitled to holidays. According to Portuguese law, for each year of employment, the employee is legally entitled to at least 22 working days of holiday. However, in the year of employment, they are entitled to 2 days' holiday for each month worked, which can be taken from the 6th month onwards. The employee will also be entitled to holiday pay in proportion to the days of holiday taken, and after the first year of employment, this will correspond to a salary. These rights are guaranteed by law and cannot be neglected by the employer.

WHAT OTHER SOCIAL BENEFITS CAN I ACCESS?

Any employee must be registered with Social Security and these contributions must be made directly by the employer. In addition, the worker can also access other benefits. These may include the possibility of attending vocational training courses funded by the employer, food subsidies, health insurance, among others. It's important to mention that these benefits must be clearly established in the labour contract for them to be enforced by the employer.

WHAT IF THEY WANT TO FIRE ME?

To protect workers against unfair dismissal, there are specific laws in Portugal. After the trial period, which varies according to the type of contract as we saw earlier, the worker can only be dismissed for justified and well-founded reasons. If this is not the case, the dismissal is considered illegal. In such cases, the employee is entitled to adequate compensation, which varies according to length of service, basic pay, and other factors. Since the employee is guaranteed protection under Portuguese law, it is essential that the employer follows the appropriate procedures to avoid any negative consequences.

IS IT WORTH BEING A UNION MEMBER?

Bear in mind that trade unions are organisations that play an important role in protecting workers' rights. By paying a monthly fee and after six months' service, the worker is entitled to join a union and benefit from its services. From here, trade unions can help you negotiate better working conditions, resolve labour disputes that may arise and act to protect your rights as an employee vis-à-vis your employer. In this sense, it is important that you know your rights and duties associated with unionisation so that you can take advantage of all the benefits that unionisation can bring you.

IN A SITUATION OF CONFLICT WITH THE EMPLOYER, HOW CAN I DEFEND MYSELF?

As for conflict resolution and grievance procedures, Portugal has a system for resolving labour disputes called the Labour Mediation System. Both the employer and the employee can submit a request for mediation. However, for this procedure to go ahead, both parties must agree. In our opinion, it is always advisable to try to resolve the problem through negotiations or mediation before going to court.

The ACT - Autoridade para as Condições do Trabalho (Authority for Labour Conditions) can also play an important role with employees, as it can provide all the necessary support and clarification in situations of dispute with the employer. If it is not possible to resolve the situation amicably, the employee can then initiate legal proceedings through the competent courts.

Labour relations are not always easy, and, for many employees, it becomes a challenge to maintain a good motivation for work when, not forgetting their duties, they must assert their rights daily. The most important thing is to be aware of all of them and demand that they are fulfilled.

If you enjoyed our article, look at our Fed Finance News section to get to know us a little better.