Labour and employment—Portugal—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—Portugal—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

Labour and employment—Portugal—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Portugal published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Morais Leitão, Galvão Teles, Soares da Silva & Associados—Joana Almeida

1. What are the main statutes and regulations relating to employment?

The main statutes and regulations relating to employment are the Labour Code, approved by Law No. 7/2009 of 12 February 2009, and the Labour Code Regulation, approved by Law No. 105/2009 of 14 September 2009, both as amended. Specific areas of regulation (eg, health and safety at work, work accidents and occupational diseases and labour misdemeanours) and special types of contract of employment (eg, work from home, sports work, work in ports or on board, showbusiness and domestic service) are governed by specific statutes.

2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?

Discrimination and harassment in employment are forbidden by law, at a general and specific levels: there is a general prohibition of discrimination and harassment in the Labour Code, supplemented by specific legislation (eg, Law No. 60/2018 of 21 August 2018, on measures to promote equal pay between men and women). As of 2009, the Labour Procedural Code, approved by Decree-Law No. 480/99 of 9 November 1999, as amended,

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