Employment Lawyer in Portugal, Porto
Contracts, disciplinary proceedings and termination of the employment contract
In labour law, form counts as much as substance. A justified decision can fall because of a miscounted deadline.
Scope
Situations in which an Employment Lawyer steps in
Companies
- Employment contracts and fixed-term contracts
- Internal regulations and policies
- Disciplinary proceedings, from initiation to decision
- Termination of the contract and mutual termination agreements
- Hiring foreign workers
- Labour compliance and response to inspections
Employees
- Dismissal: precautionary suspension and challenge
- Statement of charges and reply in disciplinary proceedings
- Unpaid labour claims
- Termination agreements proposed by the company
We act for both sides of the employment relationship, in separate cases.
Disciplinary
Disciplinary proceedings
This is the matter where form weighs most, and where cases are lost for reasons that have nothing to do with the conduct that gave rise to them.
There are three different deadlines, and they are often confused. One concerns the limitation of the offence itself, counted from when it was committed. Another concerns the start of the proceedings, counted from the employer's knowledge. The third concerns the imposition of the sanction, after the proceedings are concluded.
Missing any one of them extinguishes the right to sanction, regardless of what the employee did.
And there is a distinction that decides cases. How the start-of-proceedings deadline is interrupted is not the same depending on whether or not there is an intention to dismiss. In one case, initiating the proceedings is enough. In the other, initiating is not enough: the deadline is only interrupted by a later act.
This is settled case law of the Supreme Court of Justice.
This is where dismissals the company considered safe lapse.
The prior hearing is not a formality. No disciplinary sanction can be imposed without it, and that applies to any sanction, not only dismissal.
Before initiating, it is important to know when the company became aware of the facts and what is intended from the proceedings.
Contracts
Employment contracts and internal regulations
The contract
What is written conditions what can be done afterwards, and what is not written is filled in by the law and the applicable collective bargaining instrument.
What matters most is the type of contract and its term, where there is one, the probationary period, the place and hours of work, and the pay and its components. Each of these points has its own regime and limits that the contract cannot exceed.
The internal regulations
They serve to set rules of organisation and discipline that apply across the company, and they provide the basis for part of what is later discussed in disciplinary proceedings.
They have three limits. They cannot create sanctions beyond those provided for in the Labour Code. Their drawing up requires employee representatives to be consulted. And they only take effect once made public within the company.
A regulation that does not meet these points is not neutral: it creates the appearance of a rule without supporting it.
Foreign Workers
Hiring foreign workers
Hiring someone who is not a Portuguese national raises questions that an ordinary contract does not.
The permit the person holds determines what they can do. Not every residence permit allows employed work, and hiring without checking exposes the company.
The contract has its own form and content. A contract with a foreign worker is subject to written form and to mandatory particulars not required in an ordinary contract.
The contract may be what allows entry. When the worker is still outside Portugal, it is the promise of employment or the employment contract that supports the visa application, and what is written in it is reviewed by the consulate. D1 Visa
A foreign worker authorised to work in Portugal has the same rights and the same duties as a Portuguese worker.
If the hiring involves someone still outside Portugal, the two fronts are decided together.
Employees
Employees in disciplinary proceedings or dismissal
We also act for employees, and those who come to us from this side almost always arrive with a deadline running.
Both the reply to a statement of charges and the reaction to a dismissal have short deadlines, and missing either closes doors that do not reopen.
A note on agreements: proposals for termination by mutual agreement made during or shortly after disciplinary proceedings deserve to be read carefully for what the employee gives up by signing.
How We Work
How we handle employment law matters
On the company's side, we start by understanding what is documented and since when, because that determines which deadlines are running and what can be done.
On the employee's side, we start with the deadline, for the same reason.
We handle these matters as a service of the firm, in coordination with the areas the case involves.
- Professional secrecy: a lawyer's legal duty, which extends to everyone who works in the firm
- Lawyer in charge: each case has a lawyer who speaks with the client and follows it through to the end
- Scope and terms defined case by case: communicated before any commitment
- Reply within one business day: in Portuguese and English
We are a law firm in Porto, working since 2011, with practice in Commercial Law and Immigration, the areas that most often accompany an employment matter.
FAQ
Frequently asked questions about employment law
Are labour law and employment law the same thing?
Yes. Labour law is the term used in Portuguese law (direito do trabalho), and employment law is the usual English expression for the same subject. That is why both Labour Lawyer and Employment Lawyer are used for someone who handles contracts, disciplinary proceedings and termination of the contract.
We found a serious situation, but months have passed. Can we still act?
It depends on when the company became aware of the facts and when they occurred, which are different dates and count towards different deadlines.
Can we dismiss without disciplinary proceedings?
Dismissal for just cause requires prior proceedings. A dismissal without them, or with invalid proceedings, is unlawful.
Does our internal regulation solve this?
It depends on what it provides and how it was drawn up. A regulation that creates sanctions not provided for by law, or that was not made public as the law requires, does not produce the intended effect.
Can we hire someone who is outside Portugal?
Yes, and the route depends on the person’s situation. In many cases it is the contract or promise of a contract that supports the visa application.
Can an Employment Lawyer act for both parties?
Yes, but in separate cases. We act for companies and employees, never both in the same dispute.
Speak to an Employment Lawyer in Porto
Describe the situation and, if proceedings are under way, the dates you already know. We will tell you which deadlines are running, what is at stake and what can be done.