Can I strike without being dismissed?
Yes: striking is a constitutional right and you can't be dismissed for it. The basis is art. 57 of the Constitution and arts. 530 to 545 of the Labour Code. A strike is declared by unions or, where most workers aren't unionised, by the workers' assembly. It requires 5 working days' notice to the employer and the DGERT (10 working days in sectors of imperious social needs). In essential sectors there are minimum services. The strike suspends the contract of those joining (suspends pay), but doesn't harm seniority. You can't be dismissed or discriminated against for striking. In short: yes, it's a protected right — but with no pay for the strike days.
📋 The rules
- Strike declared by unions or the assembly
- 5 working days' notice (10 in essential sectors)
- Essential sectors: minimum services guaranteed
- Strike suspends the contract and pay
- Banned to dismiss/discriminate for striking
🔓 Exceptions
- Unlawful strike (no notice/minimum services): unjustified absences
- Designated workers ensure safety and minimum services
- Lockout (employer shutdown) is prohibited
⚠️ Penalties & fines
For the worker, the only "cost" of a lawful strike is loss of pay for the strike days — no fine and no dismissal (the absence is justified). For the employer, unlawful acts (dismissing/coercing strikers, lockout) are serious/very serious offences, with fines scaling with the IAS (€537.13 in 2026) and company size, reaching tens of thousands of euros. Beware the Brazil confusion: there strikes are governed by Law 7.783/1989 (48h/72h notice) — in Portugal it's art. 57 of the Constitution + Labour Code, with 5 working days' notice (10 for imperious needs). Myth: "you can be dismissed for striking" is false; myth: "you still get paid" is also false — pay is suspended. To strike: meet the notice and the minimum services.
📎 Official sources
- Constitution — art. 57 (right to strike) →
- Labour Code — arts. 530 to 545 →
- DGERT — strikes and minimum services →
❓ Frequently asked
Can I be dismissed for striking?
No. Striking is a constitutional, non-waivable right, and its lawful exercise protects the worker. The employer cannot dismiss, coerce, pressure or discriminate against a worker for joining a strike, nor even ask in advance who will join. Dismissing someone for striking is illegal.
Do I get paid for strike days?
No. During the strike, the employment contract is suspended for those joining, which means there's no payment of wages for the strike days. In return, the absence is considered justified and doesn't harm seniority. It's a myth to think you keep getting paid during the strike days.
Is prior notice required to strike?
Yes. A strike requires a minimum prior notice of 5 working days to the employer and the DGERT. In companies meeting imperious social needs, the notice is 10 working days. A strike is declared by the unions or, when most workers aren't unionised, by the workers' assembly.
What are minimum services?
In essential sectors, like health, transport, energy, water, communications or security, minimum services must be guaranteed during a strike, to ensure the population's basic needs. They're defined by agreement, negotiation, ordinance or arbitral tribunal, and the designated workers must provide them.
Are the strike rules the same as in Brazil?
No. In Brazil, strikes are governed by Law 7.783/1989, with prior notices of 48 or 72 hours. In Portugal, the right to strike rests on art. 57 of the Constitution and arts. 530 et seq. of the Labour Code, with 5 working days' notice, or 10 in sectors of imperious needs.
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