Workers' Rights in Portugal: The Complete Guide

Posted by Fed Finance in Our employment advice
Posted at 10/12/2024
Workers' Rights in Portugal: The Complete Guide

In Portugal, workers' rights are guaranteed by the Constitution and the Labour Code, ensuring decent working conditions. Fundamental rights include a maximum 8-hour working day, minimum wage of 820 euros (2024), 22 days of annual leave, holiday and Christmas allowances, protection for parenthood and illness, and non-discrimination at work. These guarantees are monitored by the ACT (Authority for Working Conditions).

 Get a comprehensive overview of workers' rights in Portugal, the main guarantees provided by law, and guidance on where to find additional information. 

Workers' rights are an essential part of the labour relationship, guaranteeing decent working conditions and a balance between the needs of the employee and the employer. 

In Portugal, these rights are protected by laws and regulations, enshrined in the Constitution and specifically in the General Labour Code, in particular the right to wages, holidays, rest periods, protection during parenthood, sickness and the right to strike. 

Basic Workers' Rights 

1. Right to Wages 

Every worker has the right to receive fair and adequate remuneration for the service provided. In Portugal, the national minimum wage is updated annually, and non-payment or late payment of wages is a serious violation of labour rights. 

In addition, workers are entitled to allowances such as holiday pay, equivalent to one month's pay, and Christmas pay, usually paid in December, in the same amount as the monthly salary. 

Where to find out? 

The minimum amounts and the conditions for updating them can be found on the website of the Labour Conditions Authority (ACT). 

2. Holiday entitlement and rest periods 

Every worker is entitled to at least 22 working days of holiday per year, without prejudice to salary or allowances. This period is intended to provide rest and promote well-being. 

Rest periods also include breaks during working hours, providing breaks for meals and rest, and weekly rest, normally on a Sunday, which may vary depending on the sector. 

3. Right to be absent from work 

Employees have the right to be absent from work in specific situations, such as: 

Marriage: Up to 15 consecutive days. 

Death of close relatives: From 2 to 5 days, depending on the degree of kinship. 

Illness or temporary incapacity: Provided it is duly justified. 

Please note that the company cannot penalise the employee for justified absences, but they must be communicated in good time. 

Parental protection 

Portuguese legislation protects mothers, fathers and families during parenthood. Rights include: 

Initial parental leave: Up to 120 or 150 days, which can be shared. 

Additional parental leave: Can be extended for longer, with a proportional reduction in pay. 

Time off for breastfeeding: Guaranteed daily breaks. 

Sickness protection 

Workers incapacitated by illness are entitled to sickness benefit, provided they fulfil the legal requirements. This allowance is paid by Social Security and corresponds to a percentage of salary, depending on the length of sick leave. 

Where to find out? Detailed information is available on the Social Security and ACT websites. 

4. Right to Continuous Training 

Companies are obliged to provide their workers with professional training totalling at least 40 hours a year. This right aims to ensure that employees' skills are updated and developed. 

Tip for the employee: Always demand proof of the training carried out. 

Workers' duties 

In addition to their rights, employees also have responsibilities towards their employer. These are: 

Comply with established working hours. 

Carry out tasks with diligence and zeal. 

Respect colleagues and superiors. 

Protect company property. 

Failure to fulfil these obligations can lead to disciplinary action, including dismissal with just cause in serious cases. 

The Company's Role in Workers' Rights

 

Companies play a crucial role in complying with labour rights. Employers must therefore: 

1. Ensure safe working conditions: By complying with health and safety at work regulations. 

2. Facilitate access to information: By providing clear and detailed labour contracts, for example. 

3. Respect rest periods and leave: To ensure that there are no penalties. 

Companies that don't respect workers' rights can be the target of inspections by the ACT and be subject to fines and sanctions. Employers' rights and duties 

Employers also have rights vis-à-vis their employees. We highlight the main ones: 

Demand compliance with the labour contract. 

To apply disciplinary measures, when justified. 

To promote productivity in the workplace. 

On the other hand, companies must comply with their tax and labour obligations, such as paying social security contributions. 

WHERE CAN I FIND MORE INFORMATION ON LABOUR RIGHTS? 

If you would like to learn more about labour rights, please consult the following organisations: 

1. Authority for Labour Conditions (ACT): Provides information on labour legislation, inspections and complaints. 

2. Social Security: Details on benefits and parental protection. 

3. Trade unions: They offer legal support and clarification on labour issues. 

4. Specialised lawyers: For more complex situations, it may be necessary to seek legal advice. 

Understanding workers' rights is essential to ensuring a fair and balanced labour relationship. From the right to wages, holidays, protection during parenthood and illness, to the right to training, each employee must be informed so that they can claim what is due to them. 

On the other hand, knowing their duties and responsibilities also strengthens the bond with the employer, promoting a healthy and productive working environment. 

If you are in doubt about any right or duty, turn to the reliable sources mentioned and, if necessary, ask for specialised legal support. Fed Finance is a company specialising in recruitment for finance and accounting positions, renowned for connecting highly qualified professionals to opportunities aligned with their skills and objectives. With a deep understanding of the market and the needs of organisations, Fed Finance acts as a strategic link, valuing not only the technical skills of candidates, but also their rights as workers, guaranteeing ethical and transparent recruitment processes.