Portuguese labor laws recognize three main categories of legally valid reasons for employer-initiated termination:

1. Disciplinary Dismissal (Dismissal with Just Cause): Employers can terminate an employee based on serious misconduct that makes it impossible to continue the employment relationship. This could include willful insubordination, breach of contract, theft or fraud, or habitual unjustified absences.

2. Collective Dismissal: Economic, structural, or technological reasons that affect the company's viability may necessitate the termination of a group of employees.

3. Dismissal Due to Inadaptability/Unsuitability: If an employee consistently and demonstrably fails to meet performance expectations or adjust to technological changes, their employment may be terminated.

Notice Requirements

The required notice period in Portugal depends on the length of an employee's service:

• Less than 1 year of service: 15 days notice
• 1 to 5 years of service: 30 days notice
• 5 to 10 years of service: 60 days notice
• More than 10 years of service: 75 days notice

In cases of disciplinary dismissal, the requirement of a notice period is waived.

Severance Pay

Employees dismissed by the employer (except in cases of disciplinary dismissal) are entitled to compensation. Under Portuguese labor law, this severance pay is calculated as 12 days of basic salary plus seniority allowances for each year of employment.

Please note that labor laws can be complex and subject to change. Always consult with qualified legal professionals in Portugal to ensure you are adhering to the most current regulations.

Portugal has a comprehensive set of laws in place to protect individuals from discrimination in various aspects of life, including employment.

Protected Characteristics

Portuguese law protects the following characteristics:

• Race and Ethnicity: Discrimination based on race, color, nationality, ethnic origin, or territory of origin is prohibited.
• Gender: The law includes protections against discrimination on the basis of sex, pregnancy, maternity/paternity, and gender identity.
• Sexual Orientation: Portugal was one of the first nations to explicitly prohibit discrimination on the basis of sexual orientation in its constitution.
• Disability: Discrimination due to physical, sensory, intellectual, or mental disabilities is prohibited.
• Age: Age discrimination, particularly in the workplace, is prohibited.
• Religion and Belief: Individuals are protected from discrimination based on religious or philosophical beliefs.
• Other Factors: The law also addresses discrimination based on factors like language, political opinion, and social origin.

Redress Mechanisms

Victims of discrimination in Portugal have several redress mechanisms available:

• Commission for Equality and Against Racial Discrimination (CICDR): This institution receives and investigates discrimination complaints. If CICDR finds evidence, they can take cases forward for legal action.
• Labor Courts: Individuals can file complaints about workplace discrimination with specialized labor courts.
• Complaints to Authorities: Discrimination complaints can be reported to authorities like the Authority for Working Conditions (ACT).

Employer Responsibilities

Employers in Portugal are legally obligated to:

• Implement Non-Discrimination Policies: Employers must have clear policies prohibiting discrimination, harassment, and retaliation, and communicate these policies effectively to all employees.
• Prevent Discrimination: Employers must take proactive steps to prevent a discriminatory work environment, including providing diversity and anti-discrimination training programs.
• Handle Complaints: Employers must set procedures to investigate discrimination complaints fairly and promptly, and protect complainants from retaliation.

Key Legislation

• Portuguese Constitution: Article 13 of the Portuguese Constitution enshrines the principle of equality and explicitly prohibits discrimination.
• Labor Code: This is the key legal framework dealing with anti-discrimination in the workplace.
• Law 93/2017: This law provides a comprehensive framework against racial discrimination.

Portugal enforces clear regulations to promote a healthy and balanced work environment. Here's a breakdown of key working condition standards:

Work Hours

• Maximum Weekly Hours: The standard workweek is capped at 40 hours, with a maximum of 8 hours per day.
• Overtime: Overtime work requires employee consent and is limited to a maximum of 50 hours per month, with additional compensation required.

Rest Periods

• Daily Breaks: Workers are entitled to breaks totaling at least 30 minutes after every 6 hours of work.
• Weekly Rest: Employees must receive at least one full day of rest per week, uninterrupted by work obligations.
• Vacation Time: Portuguese law mandates a minimum of 22 paid vacation days per year for all employees.

Ergonomic Requirements

• Workplace Safety: Employers have a legal responsibility to ensure a safe work environment that minimizes health risks. This includes providing adequate equipment and following safety protocols.
• Ergonomics: Regulations promote ergonomic principles in workplace design to prevent musculoskeletal disorders. This may involve providing adjustable workstations and proper seating to optimize posture.

These standards are outlined in the Portuguese Labour Code (Código do Trabalho) which serves as the legal framework for employment regulations.

Additional Notes

• It's important to remember that while these are the national standards, specific work hours or rest periods may vary depending on employment contracts or collective bargaining agreements with trade unions.
• Portugal has seen recent reforms promoting work-life balance, including stronger regulations on remote work opportunities.

Ensuring a safe and healthy work environment is a shared responsibility between employers and employees in Portugal. The key regulations outline employer obligations, employee rights, and the enforcement bodies involved.

Employer Obligations

Portuguese law mandates employers to uphold a general duty of care towards their employees' health and safety. This translates to several crucial obligations:

• Risk Prevention: Employers must proactively identify and implement measures to prevent occupational hazards in the workplace.
• Information and Training: Workers have the right to receive clear information and adequate training on safety protocols and potential risks associated with their specific tasks.
• Safe Work Environment: Employers are responsible for maintaining a safe work environment that includes proper ventilation, lighting, sanitation, and waste management.
• Personal Protective Equipment (PPE): When necessary, employers must provide appropriate PPE and ensure its proper use and maintenance.
• First-Aid and Emergency Procedures: Employers must establish protocols for first-aid, firefighting, and evacuation procedures, including designated personnel for their implementation.

Employee Rights

Employees in Portugal possess fundamental rights regarding workplace safety and health:

• Safe Work Environment: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Information and Training: Employees are entitled to receive comprehensive information and training on safety measures and potential hazards.
• Refusal of Unsafe Work: Employees have the right to refuse work they deem unsafe or unhealthy, provided they have reasonable justification.
• Participation in Safety Measures: Employees can participate in discussions and contribute to improvements concerning workplace safety and health.

Enforcement Agencies

The primary authority responsible for enforcing health and safety regulations in Portugal is the Autoridade das Condições do Trabalho (ACT), or the Working Conditions Authority. ACT falls under the Ministry of Labour, Solidarity and Social Security and is tasked with:

• Inspecting workplaces to ensure compliance with health and safety regulations.
• Investigating accidents and occupational illnesses.
• Issuing recommendations and imposing penalties for non-compliance.