93.5
93
Decent Work
100
100
60
100
100
100
100
100
75
100
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §273-275 and 554-555 of Labour Code, 2009; §59(2) of the Portuguese Constitution, 1976 |
| Does the law require regular payment of wages? | Yes | 1 | §274-278 of Labour Code, 2009 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §203-211, 226-229 & 268 of Labour Code, 2009 |
| Does the law require additional compensation for working on a weekly rest day? | Yes | 1 | §230 & 269 of Labour Code, 2009 |
| Does the law require additional compensation for night work? | Yes | 1 | §223 & 266 of Labour Code, 2009 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §203-211, 226-229 & 268 of Labour Code, 2009 |
| 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 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §77-78, 199, 213-214, and 232-233 of Labour Code, 2009; §59(d) of the Portuguese Constitution, 1976 |
| Does the law require paid public holidays? | Yes | 1 | §234-236 of Labour Code, 2009 |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §237-247 & 264 of Labour Code, 2009 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §102-110, 285 and 286 of Labour Code, 2009 |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §139-149 of Labour Code, 2009 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §111-114 of Labour Code, 2009 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §163 & 338-403 of Labour Code, 2009 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | §366, 372 & 379 of Labour Code, 2009 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | Yes | 1 | §40 of the Labour Code, 2009 |
| 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 |
| Does the law require flexible work arrangements for workers with family responsibilities? | Yes | 1 | §55-57 of Labour Code, 2009 |
| Does the law require paid nursing breaks? | Yes | 1 | §47-48 of Labour Code, 2009 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §17 of the Labour Code, 2009 |
| Does the law require paid maternity leave of at least 14 weeks? | Yes | 1 | §39-42 of Labour Code, 2009 |
| Does the law require cash maternity benefit be at least 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 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §11-14 & 29-38 of Decree Law No. 91/2009 of April 09, 2009 on Social Protection for Parents |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §63 of Labour Code, 2009 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | Ordinance No. 348/93 regarding personal protective equipment (PPE); Decree Law No. 988/93 on the use of PPE |
| Does the law require the employer 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 |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §62 of Labour Code, 2009 |
| Does the law provide for employment injury benefit? | Yes | 1 | §48, 59, 65 & 66 of Law No. 98/2009; MISSOC Compa. Table for Portugal |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | Statutory Decree 187/07 of 10 May 2007; Statutory Decree 265/99 of 14 July 1999 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | Statutory Decree 322/90 of 18 October 1990 on the protection system in case of death |
| Does the law provide for unemployment benefit? | Yes | 1 | Statutory Decree 220/06 of 03 November 2006; MISSOC Compa. Table for Portugal |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | §296 of Labour Code, 2009; Statutory Decree 28/2004 on the Legal Protection System in case of Sickness |
| Does the law provide for invalidity benefit? | Yes | 1 | Statutory Decree 187/07 of 10 May 2007; Act 90/2009 of 31 August 2009; MISSOC Compa. Table for Portugal |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §31 of Labour Code, 2009 |
| 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 |
| 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 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §47 of the Portuguese Constitution, 1976 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | The Code of contributory schemes for the social security welfare system (Law 110/2009) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §66-83 of Labour Code, 2009 |
| 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 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | No | 0 | §75 & 76 of Labour Code, 2009; §68-72 of Law No. 102/2009 |
| Does the law prohibit forced labour? | Yes | 1 | §160 of Penal Code Decree Law No. 400/82; Law No. 60/2013 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 |
| Does the law provide for the right to strike? | Yes | 1 | §530-545 of Labour Code, 2009; Law No. 65/77 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §57 Constitution, 1976; §530-545 Labour Code, 2009; §14, Decree-Law No. 392/74; Law No. 65/77 |
