Rights of Foreign Workers in Portugal
Introduction
Portugal has become an increasingly attractive destination for international professionals and workers. With its growing economy, expanding technology sector, and high quality of life, many foreign nationals choose to relocate to Portugal for employment opportunities.
Portuguese law establishes a legal framework designed to ensure that foreign workers are treated fairly and enjoy the same labour protections as Portuguese citizens. Understanding these rights is essential for anyone working in the country, as it helps ensure compliance with the law and promotes fair working conditions.
Equal Treatment and Non-Discrimination
One of the fundamental principles of Portuguese labour law is the principle of equality. Foreign workers who are legally employed in Portugal are entitled to the same rights and protections as Portuguese workers.
The Portuguese Constitution and the Labour Code prohibit discrimination in employment based on several factors, including:
• Nationality
• Ethnic origin or race
• Gender
• Religion or beliefs
• Age
• Disability
• Political or ideological beliefs
Employers are required to provide equal working conditions, remuneration, and professional opportunities to foreign workers performing the same tasks as Portuguese employees.
This principle also applies to career progression, training opportunities, workplace benefits, and access to professional development.
Employment Contracts
In Portugal, employment relationships are governed by the Portuguese Labour Code (Código do Trabalho). Foreign workers have the right to a clear and transparent employment contract that outlines the conditions of their work.
Employment contracts, unlike service provision agreements, must be concluded in writing, particularly when dealing with fixed-term contracts or employment involving foreign workers.
A typical employment contract should include:
• Identification of the employer and employee
• Job title and duties
• Workplace location
• Salary and payment conditions
• Working hours
• Duration of the contract (if applicable)
• Start date of employment
Once signed, each Party will receive a copy and it is strongly recommended that employees keep this copy for their records.
Minimum Wage and Salary Protection
All employees in Portugal are entitled to receive at least the national minimum wage, which is determined annually by the Portuguese government. In 2026, minimum wage is set at 920.00 EUR per month – an increase compared to 2025, when it was established at 870.00 EUR per month.
In addition to the base salary, workers in Portugal are generally entitled to two additional payments per year:
• Holiday allowance (subsídio de férias)
• Christmas allowance (subsídio de Natal)
These allowances typically correspond to the equivalent of one additional monthly salary each, meaning employees effectively receive 14 salary payments per year.
Employers must also provide payslips, clearly detailing salary payments, tax deductions, and Social Security contributions.
Failure to pay wages or unjustified salary delays may constitute a violation of labour law and can be reported to the competent authorities.
Working Hours and Rest Periods
Portuguese labour legislation establishes limits on working hours in order to protect workers’ health and well-being.
Under standard conditions:
• The maximum working time is 40 hours per week
• The normal working day is typically limited to 8 hours
Employees are also entitled to rest periods, including:
• At least one full day of rest per week (however, usually two days are granted – Saturday and Sunday)
• Daily rest periods between working days
• Additional compensation for overtime work
Overtime work must be compensated either through increased pay or additional rest time, depending on the specific circumstances and the applicable collective labour agreement.
Paid Annual Leave
Workers in Portugal have the right to paid annual leave. The standard entitlement is 22 working days of paid vacation per year.
During the first year of employment, vacation is accrued proportionally to the length of work.
Vacation leave must be scheduled by agreement between the employer and employee, but the employer must respect the worker’s legal entitlement to rest and leisure time.
In addition to annual leave, Portugal observes 13 national public holidays throughout the year. Unlike in some countries, if a public holiday falls on a weekend, it is not transferred to the following working day, meaning employees do not receive an additional day off in compensation.
Social Security and Social Protection
All employees working legally in Portugal must be registered with the Portuguese Social Security system (Segurança Social).
Both the employer and the employee contribute to Social Security. These contributions grant workers access to various forms of social protection, including:
• Sick leave benefits
• Unemployment benefits
• Maternity and paternity leave
• Disability benefits
• Retirement pensions
Registration with Social Security is essential not only for accessing these protections but also for ensuring compliance with immigration and labour regulations.
Foreign workers should verify that their employer has properly registered them with the system and that contributions are being made regularly.
Health and Safety at Work
Employers in Portugal are legally required to ensure that working conditions meet health and safety standards established by law.
This obligation includes:
• Providing appropriate training for workers
• Ensuring that equipment and workplaces are safe
• Preventing occupational risks and workplace accidents
• Implementing health and safety measures
Workers have the right to perform their duties in a safe and healthy working environment and should report any unsafe conditions.
Termination of Employment and Employee Protection
Termination of employment in Portugal is subject to strict legal requirements.
Employers may not terminate employment freely and must rely on legally defined grounds, such as:
• Just cause (disciplinary dismissal)
• Extinction of the position
• Collective dismissal
Employees are generally entitled to:
• Prior notice
• Compensation or severance (where applicable)
• Protection against unfair dismissal
Unlawful termination may be challenged before the competent courts.
Protection Against Exploitation and Illegal Practices
Foreign workers are particularly vulnerable to situations of exploitation if they are not fully informed about their rights.
Portuguese law includes protections against practices such as:
• Forced labour
• Withholding wages
• Unlawful dismissal
• Undeclared work
• Abusive working conditions
If a worker believes their rights are being violated, they may seek assistance from the Autoridade para as Condições do Trabalho (ACT), the public authority responsible for monitoring compliance with labour law.
Workers may also seek legal advice or file complaints with the competent authorities.
Residence and Work Authorization
Non-EU nationals generally require a residence permit granting them the right to work in Portugal.
Several types of residence permits allow foreign nationals to work legally in Portugal, including those based on:
• Employment (including employment contracts or service agreements)
• Entrepreneurial activity
• Highly qualified activity
• Study (subject to specific conditions)
• Family reunification
• Passive income
• Work remote
Once legally authorized to work, foreign workers benefit from the same labour rights and protections as Portuguese nationals.
Conclusion
Portugal’s labour legislation provides a comprehensive framework designed to ensure fair working conditions and protect employees’ rights. Foreign workers who are legally employed in the country benefit from the same fundamental protections as Portuguese citizens, including equal treatment, minimum wage guarantees, social security protection, and workplace safety.
Understanding these rights is essential for ensuring that employment relationships remain lawful, fair, and transparent. For foreign nationals planning to work in Portugal, being informed about labour protections can help create a more secure and positive professional experience.
This Informative Note is intended for general distribution to clients and the information contained herein is provided as a general and abstract overview. The contents of this Informative Note may not be reproduced, in whole or in part, without the express consent of the author. If you should require further information on this topic, please contact us at info@reispintolaw.com.
