How many days of holiday am I entitled to?
Yes: the minimum is 22 working days of leave a year, plus the holiday allowance. The Labour Code (art. 238) guarantees 22 working days (work days, excluding weekends and holidays). You're also entitled to the holiday allowance, equal to one month's pay, paid on top of normal salary during the leave and before you take it — in practice, you receive "double" that month. The right to leave vests on 1 January, for the prior year's work; in the first year, it's 2 days per full month (max 20), after 6 months. Scheduling is by agreement, otherwise the employer sets it. You can carry over leave to the next year until 30 April. In short: 22 working days + allowance.
📋 The rules
- Minimum: 22 working days of leave a year
- Holiday allowance = one month's pay
- Right vests on 1 January (prior year's work)
- First year: 2 days per month (max 20), after 6 months
- Carry-over to the next year until 30 April
🔓 Exceptions
- 25 days: only by contract/collective agreement or in the public sector
- First year of work: the 2-days-per-month rule (max 20)
- Termination: untaken vested and proportional leave is paid
⚠️ Penalties & fines
If the employer obstructs the taking of leave, they owe triple the pay for the days not taken, plus the worker keeps the right to take them (art. 246). On termination (art. 245), the worker receives the vested-but-untaken leave plus the proportional leave for the year of leaving, with the allowance. Beware a myth: "everyone gets 25 days" — false; the legal minimum is 22 working days. The old up-to-3-day attendance bonus was repealed in 2012, so 25 days only exist by contract, collective agreement or in the public sector. And unlike Brazil (30 calendar days + a third), Portugal counts working days. To use your rights: check you have at least 22 working days, receive the holiday allowance before taking leave, and on leaving, claim the vested and proportional leave.
📎 Official sources
❓ Frequently asked
How many days of holiday am I entitled to?
You're entitled to a minimum of 22 working days of leave a year, i.e. work days, excluding weekends and holidays. This is the legal floor. In some cases, by contract, collective agreement or in the public sector, the number of days can be higher, e.g. 25 days.
What is the holiday allowance?
It's an amount equal to one month's pay, paid on top of normal salary, during the holiday period. It must be paid before the worker starts the leave. In practice, in the holiday month the worker receives salary plus the allowance, which means "double" that month.
Does everyone get 25 days?
No. The legal minimum is 22 working days. The old up-to-3-day attendance bonus was repealed in 2012. So 25 days only exist when provided in an individual contract, a collective agreement or the public-sector regime. It's a myth that they're a general right of all workers.
When does the right to leave vest?
The right to leave vests, as a rule, on 1 January each year, for the work done in the previous year. In the first year of work, the worker is entitled to 2 working days per full month of contract, up to 20 days, and only after 6 months of the contract.
What happens to leave if I leave the company?
On termination, the worker is entitled to the leave already vested and not yet taken, plus the proportional leave for the time worked in the year of leaving, with the allowance. These amounts are paid in the final settlement, along with the other employment credits.
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