Portugal

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2024 Score

93.5

2022 Score

93.5

2020 Score

93

Rating

Access to Decent Work

Fair
Wages

100

Decent
Working Hours

100

Employment
Security

60

Family
Responsibilities

100

Maternity
at Work

100

Safe
Work

100

Social
Security

100

Fair
Treatment

100

Child &
Forced Labour

75

Freedom of
Association

100

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Freedom of Association

Fair Wages - 100

Question Answer Score Legal Basis Trend
Does the legislation or collective negotiation set and determine the minimum wages in the country? Yes 1 §273-275 and 554-555 of Labour Code, 2009; §59(2) of the Portuguese Constitution, 1976
No Change
Does the law require regular and timely payment of wages? Yes 1 §274-278 of Labour Code, 2009
No Change
Does the law require overtime compensation to be at least 125% of the regular hourly rate? Yes 1 §203-211, 226-229 & 268 of Labour Code, 2009
No Change
Does the law require any additional compensation for working on a weekly rest day? Yes 1 §230 & 269 of Labour Code, 2009
No Change
Does the law require additional compensation for night work? Yes 1 §223 & 266 of Labour Code, 2009
No Change

Decent Working Hours - 100

Question Answer Score Legal Basis Trend
Does the law stipulate general weekly working hours as 48 hours or lower? Yes 1 §203-211, 226-229 & 268 of Labour Code, 2009
No Change
Does the law restrict maximum working hours, including overtime, to 56 hours per week? Yes 1 §203-211, 226-229 & 268 of Labour Code, 2009
No Change
Does the law require a paid weekly rest of at least 24 consecutive hours? Yes 1 §77-78, 199, 213-214, and 232-233 of Labour Code, 2009; §59(d) of the Portuguese Constitution, 1976
No Change
Does the law require paid public holidays? Yes 1 §234-236 of Labour Code, 2009
No Change
Does the law require at least three working weeks of paid annual leave? Yes 1 §237-247 & 264 of Labour Code, 2009
No Change

Employment Security - 60

Question Answer Score Legal Basis Trend
Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? Yes 1 §102-110, 285 and 286 of Labour Code, 2009
No Change
Does the law restrict the hiring of fixed-term contract workers? Yes 1 §139-149 of Labour Code, 2009
No Change
Does the law limit the length of the probation period, including renewals, to three months? No 0 §111-114 of Labour Code, 2009
No Change
Does the law require a 30-day notice period before employment contract termination? Yes 1 §163 & 338-403 of Labour Code, 2009
No Change
Does the law require severance pay at the rate of at least two weeks of wages for every year of service? No 0 §366, 372 & 379 of Labour Code, 2009
No Change

Family Responsibilities - 100

Question Answer Score Legal Basis Trend
Does the law require a four-month parental leave for parents? Yes 1 §40 of the Labour Code, 2009
No Change
Does the law require at least one week of paid paternity leave for fathers*? Yes 1 §43 of the Labour Code, 2009; Act No. 120/2015 of 1 September 2015
No Change
Does the law require flexible working arrangements* for workers with family responsibilities? Yes 1 §55-57 of Labour Code, 2009
No Change
Does the law require paid nursing breaks? Yes 1 §47-48 of Labour Code, 2009
No Change

Maternity at Work - 100

Question Answer Score Legal Basis Trend
Does the law prohibit inquiring about pregnancy during recruitment? Yes 1 §17 of the Labour Code, 2009
No Change
Does the law require maternity leave of at least 14 weeks? Yes 1 §39-42 of Labour Code, 2009
No Change
Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? Yes 1 §11-14 & 29-38 of Decree Law No. 91/2009 of April 09, 2009 on Social Protection for Parents
No Change
Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? Yes 1 §11-14 & 29-38 of Decree Law No. 91/2009 of April 09, 2009 on Social Protection for Parents
No Change
Does the law protect workers from dismissals during or on account of pregnancy? Yes 1 §63 of Labour Code, 2009
No Change

Safe Work - 100

Question Answer Score Legal Basis Trend
Does the law require employers to provide free personal protective equipment to workers? Yes 1 Ordinance No. 348/93 regarding personal protective equipment (PPE); Decree Law No. 988/93 on the use of PPE
No Change
Does the law require employers to train workers on health and safety Issues? Yes 1 §20 of the Law No. 102/2009 regarding Promotion of Health and Safety at Work; §281-284 of Labour Code, 2009
No Change
Does the law restrict work that is prejudicial to the health of the mother or the child? Yes 1 §62 of Labour Code, 2009
No Change
Does the law provide for employment injury benefits in the event of an occupational accident or disease? Yes 1 §48, 59, 65 & 66 of Law No. 98/2009; MISSOC Compa. Table for Portugal
No Change

Social Security - 100

Question Answer Score Legal Basis Trend
Does the law provide for an old age benefit? Yes 1 Statutory Decree 187/07 of 10 May 2007; Statutory Decree 265/99 of 14 July 1999
No Change
Does the law provide for survivors' benefits? Yes 1 Statutory Decree 322/90 of 18 October 1990 on the protection system in case of death
No Change
Does the law provide for unemployment benefits? Yes 1 Statutory Decree 220/06 of 03 November 2006; MISSOC Compa. Table for Portugal
No Change
Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? Yes 1 §296 of Labour Code, 2009; Statutory Decree 28/2004 on the Legal Protection System in case of Sickness
No Change
Does the law provide for invalidity benefits? Yes 1 Statutory Decree 187/07 of 10 May 2007; Act 90/2009 of 31 August 2009; MISSOC Compa. Table for Portugal
No Change

Fair Treatment - 100

Question Answer Score Legal Basis Trend
Does the law require equal remuneration for men and women workers for work of equal value? Yes 1 §31 of Labour Code, 2009
No Change
Does the law prohibit sexual harassment in employment? Yes 1 §28-30 of the Labour Code, 2009; §163(2) of Penal Code Law No. 400/82
No Change
Does the law prohibit discrimination in employment matters? Yes 1 §13 of the Portuguese Constitution, 1976; §24 and 86 of the Labour Code, 2009; Law No. 4/2019
No Change
Does the law allow women to do the same job as men? Yes 1 §47 of the Portuguese Constitution, 1976
No Change
Does the law guarantee basic labour protection to the platform workers? Yes 1 The Code of contributory schemes for the social security welfare system (Law 110/2009)
No Change

Child & Forced Labour - 75

Question Answer Score Legal Basis Trend
Does the law prohibit the employment of children? Yes 1 §66-83 of Labour Code, 2009
No Change
Does the law set employment entry age equal to or higher than the compulsory schooling age? Yes 1 §66-83 of Labour Code, 2009; §2 of the Law No. 85/2009
No Change
Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? No 0 §75 & 76 of Labour Code, 2009; Source§68-72 of Law No. 102/2009
No Change
Does the law prohibit forced labour? Yes 1 §160 of Penal Code Decree Law No. 400/82; Law No. 60/2013
No Change

Freedom of Association - 100

Question Answer Score Legal Basis Trend
Does the law allow workers to form and join unions of their own choice? Yes 1 §55 of the Portuguese Constitution, 1976; §440 of Labour Code, 2009
No Change
Does the law allow workers to bargain collectively with employers through their representative unions? Yes 1 §92 of the Portuguese Constitution, 1976; §476-521 of the Labour Code, 2009
No Change
Does the law provide the right to strike? Yes 1 §530-545 of Labour Code, 2009; §17 of Decree-Law No. 392/74 of 27 August 1974; §2 of the Law No. 65/77
No Change
Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? Yes 1 §57, Constitution, 1976; §530-545, Labour Code, 2009; §14, Decree-Law No. 392/74;§6 of the Law No. 65/77
No Change

*In order to measure the trend in country’s legislative performance over the last edition of the Labour Rights Index (2022), the following legend is used.

Score increase

Score decrease

Score adjustment

Methodological change

No change

Portugal Labour Law

Portugal Minimum Wage

Labour Law Global overview

Minimum Wage Global overview