Can I be dismissed without cause?
Conditional: there's no "at-will" dismissal — only with legal grounds and the correct procedure. The Labour Code provides exhaustive types: just cause (disciplinary), collective, post abolition and unsuitability. In objective-grounds dismissals, severance is 12 days of base pay + seniority allowances per year of service (for contracts from 1 October 2013), with caps. Notice ranges from 15 to 75 days by seniority. An unlawful dismissal can be challenged in the Labour Court within 60 days, giving the right to back pay and reinstatement, or compensation of 15 to 45 days per year (minimum 3 months). In short: no, without grounds and procedure.
📋 The rules
- No at-will dismissal: only with legal grounds
- Types: just cause, collective, post abolition, unsuitability
- Severance (post-2013): 12 days per year of service
- Notice: 15 to 75 days by seniority
- Unlawful dismissal: challenge in court within 60 days
🔓 Exceptions
- Valid just cause: no severance or notice
- Protected workers (pregnant/parents/reps): CITE opinion needed
- Micro-firms/management: can ask for compensation instead of reinstatement
⚠️ Penalties & fines
In an unlawful dismissal, the worker has 60 days to challenge in the Labour Court and can obtain back pay and reinstatement, or, alternatively, compensation of 15 to 45 days' pay per year of seniority (minimum 3 months). Procedural irregularities are serious or very serious offences enforced by the ACT, with fines reaching tens of thousands of euros, on top of the worker's compensation. Beware myths: the "12 days per year" applies only to contracts after October 2013 — earlier service counts at higher rates (30/20/18 days); and Brazil's FGTS + 40% system doesn't apply. To protect your rights: check there were grounds and procedure, calculate severance by seniority, and if dismissed without just cause, go to court within 60 days.
📎 Official sources
- Labour Code (consolidated) →
- ACT — Working Conditions Authority →
- CITE — equality and parental protection →
❓ Frequently asked
Can my employer dismiss me for no reason?
No. In Portugal there's no at-will dismissal. The employer can only dismiss with legal grounds, such as disciplinary just cause, collective dismissal, post abolition or unsuitability, and following the prescribed procedure. A dismissal without grounds or procedure is unlawful.
How much severance do I get?
In objective-grounds dismissals, severance is 12 days of base pay and seniority allowances per full year of service, for contracts from October 2013. Earlier service counts at higher rates. There are maximum caps on the base and the total.
What is an unlawful dismissal?
It's a dismissal without valid grounds or without the correct procedure. In that case, the worker has 60 days to challenge it in the Labour Court. They can obtain back pay and reinstatement, or compensation of 15 to 45 days per year of seniority, with a minimum of 3 months.
Am I entitled to notice?
Yes, in objective-grounds dismissals. Notice ranges from 15 to 75 days, depending on the worker's seniority. With valid disciplinary just cause, there's no notice or severance. Procedural irregularities are enforced by the ACT.
Am I protected if pregnant or a recent parent?
Yes. Pregnant, post-natal and breastfeeding workers, parents on leave and union representatives have reinforced protection. Dismissing them requires a prior opinion from CITE; without it, the dismissal is automatically considered unlawful.
🔎 Common searches
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