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Employment contract Portugal 2026: types, probation, holidays
The labour law reform "Trabalho XXI" is being discussed in Parliament and may change the length of fixed-term contracts. This guide describes the rules currently in force.
An employment contract in Portugal (contrato de trabalho) sets out the relationship between worker and employer: job duties, working hours, salary and length. The general rules are in the Código do Trabalho (Labour Code, Lei n.º 7/2009), with important changes from the Agenda do Trabalho Digno (Decent Work Agenda, Lei n.º 13/2023).
Types of employment contract in Portugal
| Type | Length | Renewals | Form |
|---|---|---|---|
| Sem termo (permanent) | No end date | — | Can be verbal (full-time) |
| A termo certo (fixed-term) | Maximum 2 years | Up to 3, and renewals cannot be longer than the first period | Written, with a stated reason |
| A termo incerto (open-ended temporary) | Maximum 4 years | Lasts while the reason exists | Written, with a stated reason |
| Tempo parcial (part-time) | Permanent or fixed-term | Depends on the type | Written |
| Temporário (through a temporary work agency, ETT) | Own rules | Own rules | Written |
Fixed-term and open-ended temporary contracts are only allowed for the company’s temporary needs (replacing an absent worker, an exceptional increase in work, seasonal work, etc.), and the reason must be written in the contract. Open-ended temporary contracts signed up to 30 September 2019 had a 6-year limit.
How long is the probation period?
During the probation period (período experimental), either side can end the contract without just cause and, as a rule, without compensation (the employer must give 7 days’ notice if the probation period has lasted more than 60 days, and 30 days’ notice if it has lasted more than 120 days, art. 114).
| Contract | Situation | Length |
|---|---|---|
| Permanent | General rule | 90 days |
| Permanent | Technically complex, high-responsibility or trust jobs; first job; long-term unemployed | 180 days |
| Permanent | Management and senior positions | 240 days |
| Fixed-term | 6 months or longer | 30 days |
| Fixed-term | Shorter than 6 months (or open-ended temporary expected to last < 6 months) | 15 days |
The probation period is reduced or removed if you have already worked for the same employer in the same job (fixed-term contract, temporary work, service contract or professional internship). Since Lei n.º 13/2023, a professional internship (estágio profissional) with a positive evaluation, in the same job but with another employer, also reduces the probation period if it lasted at least 90 days in the last 12 months (art. 112, no. 6).
How many days of paid holiday do I get?
According to the ACT (labour inspection authority):
- Years after the year you start: 22 working days per year.
- Year you start: 2 working days for each full month worked, up to 20 days, taken after 6 full months of contract.
- Contracts shorter than 6 months: 2 working days for each full month.
Holidays are paid as if you were working, and you are also entitled to a subsídio de férias (holiday allowance, usually equal to one monthly base salary).
Example (illustrative): you started work on 1 March. By 31 December you complete 10 months: 10 × 2 = 20 working days (the maximum). The next year, you have 22 working days.
What basic rights does every worker have?
- Salary at least equal to the minimum — see the minimum wage in Portugal.
- 14 payments per year (including holiday and Christmas allowances).
- Social Security contributions (11% paid by the worker), which give access to sick leave, parental benefits and unemployment benefit.
- Maximum working hours of 8 hours a day and 40 a week (except special schemes).
- Written information on the essential terms of the contract.
- Compensation at the end of fixed-term contracts when the employer decides not to renew (caducidade).
How to check your employment contract before signing
- Check the identification of both sides and your NIF and NISS.
- Check the type of contract and, if it is fixed-term, the specific reason and length.
- Check the probation period — it cannot be longer than the legal limits.
- Check your duties, place and hours of work.
- Check the gross salary, allowances and subsídio de alimentação (meal allowance). Calculate your net pay with the net salary calculator (in Portuguese).
- Check whether a collective agreement (convenção coletiva) applies (it may give you more rights).
- Keep a signed copy.
Common mistakes
- Accepting a fixed-term contract with no written reason. Without a specific reason, the contract is treated as permanent.
- Thinking the probation period can be “whatever the company wants”. It has legal limits.
- Endless renewals. Once the limits are passed, the contract becomes permanent.
- Confusing a service contract (recibos verdes, freelance invoices) with an employment contract. If you have set hours, a fixed workplace and a boss, it may be a false freelance arrangement (falso recibo verde). See the recibos verdes guide.
- Not keeping a record of holidays taken. Ask for written confirmation.
- Signing without reading the exclusivity or non-compete clause.
If you have doubts or your employer does not follow the rules, you can contact the ACT (Autoridade para as Condições de Trabalho).
Frequently asked questions
How long is the probation period in Portugal?
For permanent contracts, usually 90 days; 180 days for technically complex or high-responsibility jobs, first jobs and long-term unemployed people; 240 days for management jobs. For fixed-term contracts, 30 days (6 months or longer) or 15 days (shorter than 6 months).
How many times can a fixed-term contract be renewed?
Up to three times, and the total length of the renewals cannot be longer than the first period. The maximum length is 2 years.
How many days of holiday do I get in my first year?
In the year you start, 2 working days for each full month worked, up to 20 days, which you can take after 6 full months of contract. In the following years, 22 working days.
Does my employment contract have to be in writing?
A full-time permanent contract can be verbal, but fixed-term, part-time and other contracts listed in the law must be written. In all cases, the employer must give you the essential terms of the contract in writing.
What happens if a fixed-term contract goes over the maximum length?
It becomes a permanent contract.