When a worker applies for a job, the employer tries their best to check that person’s references, interview them thoroughly, and determine they’re right for the job. They can’t know for certain, though, just how well this person will actually perform until they have the chance to see them in action. The employee, on the other hand, also has no way of knowing how accurately the experience of working for the employer has been portrayed. Both sides lack certainty until the employment arrangement is actually tried out. This is the rationale behind probation periods.

In this guide, we’ll look specifically at probation periods in Portugal and how they’re regulated so you know your obligations, whichever side you find yourself on.

Definition of a Probation Period in Portugal

In Portugal, a probation period, or período de experiência, is considered a time to verify an employee’s skills and fit within the hiring organization. For their part, employers take this time to assess their new employees’ skills, teamwork, and fit into the company culture. At the same time, employees can look at the same things. They want to find out if they’ll be able to perform their jobs well, collaborate effectively with their coworkers, and enjoy working for their employers. 

These periods start when new employees start working and end either with a termination, with an official acceptance by the employer, or when they have reached their maximum durations. In Portugal, the employer doesn’t need to confirm the employee’s acceptance at the end of the test period. If neither party chooses to terminate their contract by the end of the probation period, it will automatically continue, and the worker will become a full employee.

Lengths of Probationary Periods in Portugal

Probationary periods are not mandatory in Portugal, though they’re generally assumed, and an agreement in writing should be made if one will not be used. The length of a probation period depends on the type of contract used and the status or type of the employee.

Permanent or Indefinite Contracts

If employees are hired on permanent contracts, their probation periods can vary as follows:

  • For regular workers, the maximum length is 90 days
  • For technicians or specially qualified workers, the maximum length is 180 days
  • For managers or executives, the maximum length is 240 days

Fixed-term or Definite Contracts

With fixed-term contracts, the probation period is based on the contract’s duration:

  • For contracts shorter than six months, the maximum length is 15 days
  • For contracts six months or longer, the maximum length is 30 days

Some special exceptions also exist. For first-time employees, workers hired after at least 24 months of unemployment, and workers in positions that hold high levels of responsibility, the maximum length is 180 days.

In all cases, if a worker is absent during probation, even for a justified reason, that day is not counted toward the length of the probation period.

Legal Considerations of Probation Periods in Portugal

The rules that govern probation periods in Portugal are enshrined in the Labor Code of 2009 (Código do Trabalho).  These rules exist to protect the rights of workers while helping employers avoid costly hiring mistakes.

During probation, both parties are required to act in good faith and work toward the goal of continuing the employment contract if possible.

Pay and Working Conditions

Employees in Portugal typically work eight hours a day and 40 hours a week and cannot work more than 48 hours in a week including overtime unless a collective agreement allows for this. They are also protected by a minimum wage, workplace health and safety, and anti-discrimination laws. All of these apply to probationary workers and permanent workers equally.

Termination and Notice

During the initial part of the probation period, either party is free to terminate the employment agreement without requiring just cause or providing notice to the other party. However, as the time runs on, notice becomes required from the employer but not the employee. After 60 days of work, the employer must provide 7 days’ notice of termination. After 120 days of the probation period, the employer must provide the worker with 15 days’ notice.

Vacation / Holidays

Portuguese workers receive 14 paid public holidays per year. If any of these falls during a worker’s probationary period, the worker is entitled to the day off with pay or, if required to work, may take a replacement day off or receive 1.5 times their normal pay rate on the day worked. 

New workers are entitled to 20 days of annual leave in their first two years of work. They accumulate these days at the rate of two days per month up to the 20-day limit. However, they may only use their vacation days after having worked for six months. Since this is longer than all probation periods, in practice, probationary workers cannot take vacation leave. 

Benefits of Probation Periods in Portugal

Probation periods can be beneficial not only for Portuguese employers but also for employees. The advantages they can gain include:

  • For Employees

They’re able to try their new employment before making long-term commitments.

They can resign at any time without giving notice while the employer has to provide them notice after 60 days of work.

  • For Employers

Employers can assess workers for an extended period to ensure they’re qualified.

They can dismiss workers more easily and with less notice than after probation.

They can help employees to develop and motivate them to prove their skills during this period.

Frequently Asked Questions

In many countries, probation periods are used at the discretion of the employer. In Portugal, they are assumed to be in effect unless both parties make an official agreement not to use them.

Yes, during probation only. During this time, either party to an employment agreement may terminate the agreement without justification. At the start, neither has to provide notice, though employers become obligated to give employees notice after they’ve worked for 60 days.

Most workers are on probation for only their first 90 days of work. However, new, long-term unemployed, and skilled workers can be required to be on probation for longer – up to 240 days.