Temporary Stay Visas for Posted Workers: Key Requirements
Introduction
The movement of employees across borders within the European and international business environment has become increasingly common, particularly in the context of specialised services, corporate group operations, and cross-border commercial contracts. Portugal, as part of the European Union, applies a structured legal framework governing the posting of workers, combining immigration law, labour law, and social security coordination rules. Understanding this framework is essential for employers and employees alike, as compliance is not limited to visa issuance but extends throughout the duration of the assignment.
Legal Framework Governing Posted Workers in Portugal
The posting of workers to Portugal is primarily regulated by the Portuguese Labour Code and Law no. 29/2017, as amended, notably through Decree-Law no. 101-E/2020, which transposed Directive (EU) 2018/957.
This legislative reform significantly reinforced the protection of posted workers and strengthened enforcement mechanisms, particularly in relation to equal treatment, remuneration, and duration of postings.
Under Portuguese law, a posted worker remains employed by a foreign employer but is temporarily assigned to provide services in Portugal under the direction and authority of that employer.
Posting may occur in three main contexts:
• Execution of a service agreement between a foreign company and a Portuguese entity
• Intra-group assignments within multinational corporate structures
• Temporary work arrangements through authorised employment agencies
A key legal requirement is that the employment relationship with the sending company must remain active throughout the posting period, and the assignment must be strictly temporary in nature.
Conditions for a Valid Posting Arrangement
A posting is only considered valid under Portuguese law when certain cumulative conditions are met.
✓ First, the assignment must be temporary and limited in duration. From a labour law perspective, postings may extend beyond 12 months, although additional employment protections become applicable after certain thresholds. From an immigration perspective, Temporary Stay Visas are generally limited to a maximum duration of one year.
✓ Second, the worker must maintain a genuine employment relationship with the sending employer prior to the posting. A minimum period of prior employment is often required in practice to demonstrate the authenticity of the assignment.
✓ Third, the purpose of the posting must fall within one of the legally recognised categories, such as service provision, intra-group mobility, or temporary agency work.
✓ Finally, the worker must remain under the direction and control of the foreign employer, even while performing activities in Portugal.
Immigration Pathway: Temporary Stay Visa for Posted Workers
From an immigration perspective, posted workers who require authorisation to enter and remain in Portugal for work purposes will generally fall under the Temporary Stay Visa regime.
This visa is specifically designed for short-term professional assignments and allows multiple entries, authorising stays of up to one year.
Eligibility is assessed based on several core criteria:
• The assignment must be temporary and typically not exceed 12 months
• The applicant must demonstrate prior employment with the sending company
• The applicant must have sufficient financial means to support themselves during the stay
• The employment and service relationship supporting the posting must be clearly documented
In addition, applicants must submit standard supporting documents, including a valid passport, travel medical insurance, a criminal record certificate duly legalised or apostilled where required, and contractual documentation evidencing the posting arrangement.
Authorities place particular emphasis on the credibility and structure of the assignment. Applications lacking clear contractual or operational justification are at higher risk of delay or refusal.
Labour Authority Notification Obligations in Portugal
Immigration compliance is only one layer of the regulatory framework. Employers posting workers to Portugal are also subject to mandatory notification obligations before the assignment begins.
The sending employer must notify the Portuguese Authority for Working Conditions (ACT) prior to the commencement of the posting. This notification is made electronically and must include essential information such as:
• Identification of the posting employer
• Identification and number of posted workers
• Duration and expected timeframe of the posting
• Place or places where work will be carried out
• Identity of a designated contact person in Portugal
The designated contact person plays a key role as liaison with Portuguese authorities and must be available locally for the duration of the posting.
Failure to comply with prior notification requirements may expose the employer to administrative penalties and enforcement action.
Social Security Coordination and the A1 Certificate
For workers posted from EU or EEA Member States, social security coordination rules allow employees to remain affiliated with the social security system of their home country for a limited period.
This is achieved through the A1 Certificate, issued by the competent social security authority of the sending State.
The A1 Certificate confirms that the worker remains insured in the home country and is exempt from paying social security contributions in Portugal during the posting period.
This regime generally applies where:
• The posting does not exceed 24 months
• The worker is not replacing another posted employee
• The assignment is temporary and clearly defined
Proper coordination of social security obligations is essential to avoid double contributions and potential compliance issues.
Ongoing Employer Obligations During the Posting
Employers are required to maintain extensive documentation throughout the duration of the posting and, in certain cases, for up to one year after its conclusion.
This includes:
• Employment contracts
• Proof of salary payments
• Records of working time
These documents must be readily available for inspection by Portuguese authorities and, where necessary, translated into Portuguese.
Authorities may request this documentation at any time to verify the authenticity and legality of the posting arrangement.
Employment Conditions and Equal Treatment
One of the core principles underpinning the posted worker regime is the guarantee of minimum working conditions equivalent to those applicable to Portuguese workers in comparable roles.
Posted workers are entitled to essential protections relating to:
• Working time and rest periods
• Minimum remuneration standards
• Holiday entitlements
• Health and safety conditions
• Certain collective bargaining protections where applicable
Remuneration is assessed broadly and may include allowances that are not purely reimbursement of expenses, such as travel, accommodation, or meal-related benefits, depending on their nature.
The objective is to ensure fair competition between companies operating in Portugal while safeguarding worker protection standards.
Posting of Third-Country Nationals
Where posted workers are third-country nationals legally employed by a company established in another EU Member State, and they maintain lawful residence in that Member State, they may not require a separate residence permit for the purpose of the posting, provided that their status remains valid and compliant with EU rules on free movement of services.
However, immigration and documentation requirements must still be carefully assessed on a case- by-case basis.
Conclusion
Posting employees to Portugal is a legally structured process that goes far beyond visa issuance. It involves a coordinated set of immigration, labour, and social security obligations that must be carefully managed by employers before, during, and after the assignment.
Authorities in Portugal place increasing emphasis on compliance, documentation, and the substantive legitimacy of cross-border postings. As such, early legal planning is essential to ensure that assignments are both operationally efficient and legally compliant.
At Reis Pinto Law, we assist international companies and professionals with the full spectrum of posted worker compliance, including immigration strategy, Temporary Stay Visas, ACT notifications, and labour law coordination in Portugal.
For tailored advice on posted worker assignments or corporate mobility to Portugal, contact our team.
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.
