Due to COVID-19, Portugal has made several changes in the labor code to accommodate the current situation:
- Telework- Telework in Portugal is usually something that is agreed on by both employee and employer. Due to COVID-19, telework is now mandatory when:
- An employee is certified as a person who is immunocompromised
- Disabled and is considered at least 60% incapacitated
- Children under 12 years of age who have experienced disruptions with school closures. One parent is able to request telework.
- When an employee is able to conduct their work outside of their workplace
- Collective bargaining agreements may set daily or weekly telework rotations, work schedules, and even schedule lunch breaks.
Employer Payroll Tax
Employee Payroll Taxes
Employee Income Tax
740.8 EU per month (considering 12 installments)
635EU per month (considering 14 installments- including holiday and Christmas bonus).
There is no official legal date that salaries must be paid, however, it must be paid at least once a month.
Portugal has 14 salaries; 12 months, holidays, and Christmas allowances.
A full-time work week is 8 hours per day and 40 hours per week.
Industry-specific legislation can require reduced working hours.
Overtime should not exceed:
- 2 extra daily working hours with a maximum of 48 weekly hours
- 150 hours per year for employees at companies with at least 50 employees
- 175 hours per year employees at companies with at less 50 employees
- Up to 200 annual overtime hours can be performed if within collective labor agreement or force majeure.
Calculation for overtime pay:
- 1st hour is hourly rate plus 25% and hourly rate plus 37.5% for the following hours.
- Overtime on rest day or holiday is normal working hour plus 50%.
In Portugal, there is a mandatory 13th and 14th salary which are paid out in June and December.
After 6 months of employment, the employee shall be entitled to 2 business days off per month of work performed. In the first year of employment, the employee shall not take more than 20 business days off. In the following year, the employee shall not take more than 30 business days off. In the following years, from January 1st of every year, the employee shall be entitled to 22 business days off + the proportional of the outgoing year.
Portugal has 13 mandatory public holidays.
The minimum requirement is 4 days leave and is paid by Social Security as follows:
55% – for first 30 days
60% – between 31 and 90 days
70% – between 91 and 365 days
75% – up to 366 days
The maternity leave is paid by social security.
- 120 days (just mother) – pay 100%
- 150 days shared leave (120 for mother +30 for father) – pay 100%
- 180 days shared leave (150 for mother +30 for father) – pay 83%
- 150 days – pay 80%
The paternity leave is 20 days mandatory with an additional 5 optional days. Leave is paid by social security at 100% of the employees average salary in the last 6 months.
After the required 6 weeks of maternity leave and 15 days of paternity leave the couple can decide who takes the next 78 or 108 days. If the couple takes a total of 150 days the leave is 80% paid, and if they choose 120 days, they will receive 100%.
Bereavement Leave: Employees are entitled to five consecutive days of paid leave following the death of a spouse, parent, stepparent, child, or domestic partner. They are entitled to two days of paid leave following the death of a sibling, grandparent, or grandchild.
Family Care Leave: Employees are entitled to 30 days of paid leave per year to provide urgent and essential care for a family member younger than 12 years of age and 15 days for an older family member.
Marriage Leave: Employees are entitled to 15 consecutive days of paid leave after getting married.
Study Leave: on the day of a test and the day before.
The grounds for termination include collective dismissal, dismissal due to abolition of the position, unsuitability for the job, disciplinary dismissals.
The process changes according to the reason for dismissal but either way, the reason for the dismissal should be notified to the employee prior to dismissal. In case of dismissal due to discipline issues, a hearing should be conducted and allow the employee to respond.
Dismissal notice should be in writing. Notification of the dismissal should be sent to relevant service under the Ministry of Labour (except in discipline dismissal) and to the workers’ representative.
Accrued and untaken vacations are also due to the worker, regardless of the cause and form of termination
A fixed-term employment contract expires at the end of the stipulated term, or the end of its renewal provided that the employer or the employee notifies the other party in writing of its desire to terminate either 15 or 8 days before the deadline expires, respectively.
An unfixed-term employment contract expires when the employer foresees an end to the term and notifies the worker of said expiration, at least 7, 30, or 60 days in advance, depending on whether the contract has lasted up to six months, from six months to two years, or for a longer period of time.
In the event of expiration of a fixed-term contract due to declaration by the employer, the employee is entitled to compensation corresponding to 18 days of base salary and seniority for each full year of work.
Every contract has an experimental period.
Depending on the type of contract the number of days varies, up to 8 months.
For indefinite employment contract, the trial period can last as follows:
- a) 90 days for most employees.
- b) 180 days for employees who:
- hold positions of technical complexity, a high level of responsibility, or which requires a special qualification.
- in trust positions.
III. are seeking their first job and are long-term unemployed.
- c) 240 days for workers engaged in senior management positions.
For a fixed-term employment contract, the trial period can last as follows:
- a) 30 days for a contract lasting six months or more.
b) 15 days for a fixed-term contract lasting less than six months
There are 3 standard/general VAT rates in Portugal – 23% in Continental Portugal, in Azores it is 18% and in Madeira it is 22%