Problems at work in Portugal: unpaid wages, forced overtime, no holiday, injury — what to do and where to complain
This guide is for people working on an employment contract whose employer is breaking the law. What to do if your wages are late or the company has closed without paying you. How many hours a day and a week you may work, and how overtime and night shifts are paid. How many days of holiday you are entitled to and who sets the dates. What your employer can do while you are on sick leave, and who pays if you are injured at work or on the way there. What counts as harassment and discrimination. And where to turn — the labour inspectorate ACT, a trade union, the courts — which of these are free, and the deadlines.
Your wages are late: what you can do
Unless your contract or collective agreement says otherwise, wages are paid by calendar month, and the money must already be with you on payday (Código do Trabalho, Article 278). If your employer pays late, they must also pay interest on the delay (Article 323).
First — in writing. Write to your employer saying which months and how much you are owed, and ask them to pay by a set date. Hand the letter over and get it signed as received on your copy, or send it by registered post. You will need it both at ACT and in court. You can complain to ACT straight away, without waiting for an answer — how to do it is below, in the section “Where to complain: ACT”.
After 15 days from payday you can suspend the contract: stop going to work while keeping your job. You notify your employer and ACT in writing at least 8 days before (Article 325). Ask your employer for a statement of how much they owe: they must give it within 5 days, and if they refuse, ACT issues it within 10 days. While the contract is suspended, you may work elsewhere (Article 326) and receive unemployment benefit (Law 105/2009, Article 25). The suspension ends when the employer pays everything with interest, when you agree on repaying the debt, or when you yourself write to say from which date you are coming back (Article 327).
After 60 days of delay the law treats it as the employer's fault (Article 394). You can then leave at once, without notice, and receive compensation. The resignation letter stating the reason must be sent within the following 30 days. How to do this and what you are owed — in the guide Dismissal in Portugal: how to resign, when you can be dismissed and what you are owed on leaving.
You can claim unpaid wages while you are still working and for a further year after the contract ends (Article 337). A waiver of claims signed when you are paid off does not take this right away.
“There are unions, each profession has its own. If you work on a contract, then for late wages the employer gets a fine and has to pay you a penalty. Go to ACT, they'll help.”
Translated from Russian; the original is at the linkchatlisboa10.08.2023
The company closed without paying: Fundo de Garantia Salarial
If your employer cannot pay because it has gone bust, unpaid wages, holiday pay, Christmas pay (subsídio de Natal) and redundancy compensation are paid by a state fund — the Fundo de Garantia Salarial (Decree-Law 59/2015).
When the fund pays. A court must have declared the company insolvent (insolvência), or a restructuring procedure must have begun — through the court (PER) or through the state agency IAPMEI. While the employer is simply stalling and there is no court case, the fund will not help: then the route is ACT and the employment court. How to lodge your claim in insolvency proceedings — in the glossary: insolvência.
How much. The fund covers debts built up in the six months before the insolvency petition was filed. In total — no more than six months' wages and no more than three minimum wages a month: in 2026 that is €2,760. Your income tax and contributions are deducted from the sum.
How to apply. The application on form GS 1 is submitted at a Segurança Social office. Attach a statement of the debt from the insolvency administrator (administrador de insolvência), from the employer or, if you cannot get one from them, from ACT. The fund decides within 30 days.
You must apply no later than a year after the contract ends. While insolvency or restructuring proceedings are under way, this deadline is put on hold.
How many hours you may work
The normal limit is 8 hours a day and 40 a week (Código do Trabalho, Article 203). A collective agreement can lower it, but not raise it.
A break of one to two hours, so that you work no more than five hours in a row (Article 213). Between the end of one working day and the start of the next — at least 11 hours' rest (Article 214). A day off — at least one day a week (Article 232).
Banco de horas — an hours bank: some weeks you work more, others less, and the hours are offset. The law no longer allows this to be agreed with an employee one to one (Article 208-A was repealed in 2019). An hours bank exists only under a collective agreement — the working day is extended by no more than 4 hours, the week to no more than 60 hours, extra hours a year — no more than 200 — or if at least 65% of the employees in the team voted for it: then the day is extended by no more than 2 hours, the week to no more than 50 hours, extra hours a year — no more than 150 (Articles 208 and 208-B). If you are told “we'll offset the extra hours later” and there is no such agreement, that is overtime, and it must be paid.
Night is from 22:00 to 7:00, unless the collective agreement says otherwise (Article 223). Night hours are paid 25% more than day hours (Article 266). But if the collective agreement does not provide for this supplement, there may be none: in restaurants, bars, hotels, in pharmacies during opening hours, where the work is by nature done at night, and if your pay was set from the start with night work in mind.
Shifts. You can be moved to a different shift only after a day off (Article 221).
Your employer must keep a record of working time — when you started, when you finished, breaks — and keep it for five years (Article 202). If you are unsure about your hours, ask them to show it to you.
Overtime: limits, pay and how to prove it
Overtime (trabalho suplementar) is anything outside your schedule. Your employer can demand it only when there is a temporary surge in work, not all the time. You can refuse if you have good reason and have expressly asked to be excused (Código do Trabalho, Article 227).
Limits (Article 228): 2 hours on a working day; a year — 150 hours in medium-sized and large firms and 175 in small ones; a collective agreement can raise the limit to 200. If you work part-time — 80 hours a year.
Pay (Article 268). The first 100 hours in a year: on a working day plus 25% for the first hour and plus 37.5% for each hour after that; on a rest day or public holiday — plus 50%. After 100 hours — plus 50% and 75% on a working day and plus 100% on a rest day or public holiday. Only overtime you were told to do, or that your employer knew about and did not object to, is paid.
If you worked on your compulsory day off, besides the money you are owed a paid day off within the next three working days (Article 229). On working on a public holiday — in the guide Public holidays in Portugal.
How to prove it. Your employer must keep an overtime log: start and finish times, the reason, days off in lieu. If there is no log, for each day you worked beyond your schedule you are owed pay for two hours of overtime (Article 231). Keep your own record too: the date, when you arrived and left, who told you to stay — and keep messages and emails with instructions.
For those on a “flexible schedule” (isenção de horário), work beyond the normal day does not count as overtime unless the contract sets a limit on it (Article 226).
“the higher pay applies to overtime above 100 hours a year. So overtime pay from 100 hours goes up from 25% to 50% for the first hour or part of it, and from 37.5% to 75% for each hour after that on weekdays. And from 50% to 100%. for each hour or part of it, at weekends or on public holidays.”
Translated from Russian; the original is at the linkmyptaxes01.05.2023
“Keep evidence: tickets, boarding passes, emails about the trips and your own record of hours. Write down today what was said at the meeting with the CEO/HR. No rush: employment claims only expire 1 year after you leave. Leaving first and claiming afterwards is doable.”
Translated from Portuguese; the original is at the linkr/portugal29.09.2026
Holiday: how many days and who sets the dates
How many. 22 working days a year (Código do Trabalho, Article 238). You become entitled to them on 1 January — for work done the previous year. Holiday cannot be swapped for money, even by agreement; you can give up only the days above 20 — and then they are paid on top of your wages.
The first year. For each month of the contract — 2 working days, but no more than 20, and you can take them once you have worked six months (Article 239). For example, if you started on 1 May, you build up 16 days by the end of the year and can take them from November. If the year ends before six months have passed, the days carry over to the next year until 30 June, but no more than 30 days of holiday in that year in total. A contract shorter than six months — the same 2 days per month, usually taken just before the contract ends.
Who sets the dates. The dates are chosen together. If you cannot agree, the employer sets them and, if the company has more than nine people, only between 1 May and 31 October (Article 241). They must draw up the holiday rota by 15 April and put it up at work. Holiday can be split by agreement, but one part must be at least 10 working days in a row.
Carrying over. Holiday is taken in the same year. Part of it can be carried over to 30 April of the following year by agreement with your employer, or to visit family abroad (Article 240).
If you fall ill on holiday, tell your employer: the holiday is interrupted, and the remaining days are taken later (Article 244). If your employer did not let you take the holiday you were due, they pay three times over for the days not taken, and you still have to take them by 30 April (Article 246). Holiday pay (subsídio de férias) is paid before the holiday starts, unless agreed otherwise in writing (Article 264).
“Under Portuguese law, you're entitled to 2 days for each month of the contract during its first year. In other words, in 2022 you have 6 days of holiday. In 2023 you get an additional 22 days of holiday.”
Translated from Russian; the original is at the linkRussosEmPortugal16.09.2023
Sick leave: what your employer can do
If you are ill, tell your employer as soon as possible, otherwise your absence will be counted as unjustified (Código do Trabalho, Article 253). The doctor sends the sick note to Segurança Social, and you show or forward it to your employer. For one to three days, no more than twice a year, your own declaration of illness through SNS 24 (autodeclaração de doença) is enough. How much is paid and from which day — in the guide Segurança Social benefits: unemployment, sickness, children — who gets them, how much and when they are paid.
Checks. Your employer can ask for your illness to be checked by a Segurança Social board (CVIT). They tell you about this the same day. Within 48 hours Segurança Social calls you to an examination, which takes place on one of the next three working days. If Segurança Social does not manage it in time, your employer can send their own doctor — one who has not worked for them before (Law 105/2009, Articles 17 and 18). If you do not turn up without good reason, your sick days will be counted as unjustified absence (Article 254).
If you disagree with the result of the examination, ask Segurança Social for a second examination within 24 hours of learning the result. It is carried out by a board of three doctors, one of whom you choose. Until there is a decision, your employer may not take any action against you (Law 105/2009, Articles 19, 20 and 22).
Long illness. If the illness lasts more than a month, the contract is suspended: your employer does not pay wages, but your job is kept for you (Article 296). Whether someone on sick leave can be dismissed — in the guide Dismissal in Portugal.
“The SNS doctor has to send your baixa médica to Segurança Social electronically. You don't need to upload or register the document with Segurança Social yourself – the clinic does it automatically. Sometimes it can take a few days for the information to show up in your Segurança Social Directa account. Show your employer the paper copy: they'll also get a notification through their portal that your baixa médica has been opened. - Save the PDF from SNS24 or print the paper the doctor gave you.”
Translated from Russian; the original is at the linkRussosEmPortugal30.04.2025
Injury at work or on the way there
An accident at work (acidente de trabalho) is an injury at the workplace during working hours, and also on the way to and from work, if you were travelling by your usual route at your usual time (Law 98/2009, Articles 8 and 9).
If your employer did not see what happened, tell them within 48 hours — verbally or in writing (Article 86). In writing, with the date, is better. If the delay meant you could not be helped in time, the insurer may refuse to pay for the part of the harm that resulted from it.
Insurance is compulsory. Every employer insures their staff against accidents (Article 79). They report your injury to the insurer within 24 hours (Article 87). The insurer pays for treatment — doctors, medicines, hospital, prostheses, travel to appointments (Article 25).
Money while you cannot work — 70% of your wage for the first 12 months and 75% after that (Article 48), for every day, including days off, starting from the day after the injury. If you were off work for more than 30 days, a share of holiday and Christmas pay is added (Article 50). If your health does not fully recover, you are awarded a pension or a lump sum.
Pitfalls. If the policy shows a lower wage than you actually earn, the insurer pays based on the stated wage, and your employer pays the difference (Article 79). If there is no insurance, the employer pays themselves and reports the injury to the court within 8 days (Article 88); if they cannot pay, the state Fundo de Acidentes de Trabalho pays (Article 82). If the injury happened because your employer broke safety rules, they are liable for all the damage, including non-material damage (Article 18).
Disputes with the insurer are settled through the employment court: the public prosecutor's office at the court handles injured workers' cases free of charge. You can also report the injury to the court yourself (Article 92). The deadline is a year from the day you were officially told you had been signed off as recovered (Article 179).
An occupational disease is paid for by Segurança Social; an illness caused by harassment at work — by the employer (Código do Trabalho, Article 283).
“If an employee broke their leg at work, it's covered by the employer's insurance (Seguro de Acidentes de Trabalho). The main points: 1. Sick pay – the insurance company pays 70% of the wage for the first 12 months of temporary incapacity. 2. Medical costs – covered in full, including operations, rehab, physiotherapy. 3. Compensation – if there's lasting damage to health, you get a lump sum or a lifelong pension (depending on how much of your capacity to work you've lost).”
Translated from Russian; the original is at the linkRussosEmPortugal20.02.2025
“Medical insurance just for accidents at the workplace is compulsory.”
Translated from Russian; the original is at the linkleft4portugal15.07.2025
Harassment and sexual harassment
Harassment (assédio) is unwanted behaviour that humiliates, intimidates or offends a person or creates a hostile environment around them. Sexual harassment is the same kind of behaviour of a sexual nature: in words, gestures, touching (Código do Trabalho, Article 29). The harasser can be a manager, a colleague or the owner of the company.
What the law says. Harassment is prohibited and counts as a very serious offence. The victim is entitled to claim compensation, including for non-material damage. The person who complained, and the witnesses they named, may not be punished (Article 29). A company with seven or more employees must have rules against harassment and, once it learns of harassment, must start disciplinary proceedings against the person responsible (Article 127).
What to do. Write down every incident: the date, time, who, what they said or did, who saw it. Keep messages and emails. If your health has suffered, see a doctor and ask them to record the cause. Report the harassment to your employer or HR in writing. A complaint to ACT is filed on a separate form — the one for harassment.
Protection from retaliation. If you are punished or dismissed within a year of complaining about harassment or discrimination, the law treats it as retaliation unless the employer proves otherwise (Article 331). Someone dismissed for complaining chooses: go back to work or receive compensation.
If you cannot put up with it any longer, you can leave at once and with compensation — harassment gives you that right (Article 394). How — in the guide Dismissal in Portugal.
Discrimination: nationality, language, pregnancy, pay
Your employer may not treat you less favourably — in hiring, pay, promotion or dismissal — because of your nationality, origin, language, the country you came from, age, sex, marital status, pregnancy, illness, religion, opinions or trade union membership (Código do Trabalho, Articles 24 and 25). Equal work — equal pay (Article 270).
Who has to prove what. It is enough for you to name colleagues who are treated better than you. It is the employer who must prove that the difference is not due to nationality, sex or another such reason (Article 25). A victim of discrimination is entitled to claim compensation, including for non-material damage (Article 28).
Where to go. For any discrimination at work — ACT. If it concerns sex, pregnancy, breastfeeding or parental leave, CITE — the commission for equality at work — can also help: free line 800 204 684, booking a consultation with a lawyer — on Mondays and Tuesdays from 14:30 to 16:00. Money and getting your job back — through the employment court.
Where to complain: ACT
The labour inspectorate — Autoridade para as Condições do Trabalho, ACT — inspects employers and fines them. You can complain about anything: wages, hours, holiday, safety, harassment, discrimination, working without a contract.
Who and how. The complaint can be made by the employee, their representative or anyone who saw the breach. It is free, and ACT promises that your employer will not learn your name. Online — on the ACT portal: log in with Chave Móvel Digital, Cartão de Cidadão or your NIF with your Portal das Finanças password. There are two forms: a general one (contract, wages, dismissal, parental rights) and a separate one for harassment and sexual harassment. Describe what happened and when, and attach documents. You will be given a case number — quote it when you write to ACT. You can also complain in person — at an Espaço Cidadão or an ACT office — or post the completed form to the office covering your place of work.
What ACT cannot do. The inspectorate fines the employer and orders them to put the breach right, but only a court can make them pay you money. According to people in the chats, once the contract has ended ACT often no longer looks into complaints — then only the court is left. So complain while you are still working.
The Livro de Reclamações is a complaints book for shoppers and customers. It is not for disputes between an employee and an employer.
“ACT won't look into your situation once you've left the company. I made a complaint in exactly the same situation and they sent me an email saying just that. If you want to go ahead with a complaint, you have to do it while the contract is still active. After that it's only through the employment court.”
Translated from Portuguese; the original is at the linkr/portugal29.09.2026
Who else can help: a trade union, the public prosecutor, the courts
Trade union (sindicato). Trade unions in Portugal are organised by sector: there is one for builders, one for hotel and restaurant workers, one for retail, one for banks. Most belong to one of two confederations — CGTP or UGT, and you can find your union on their websites. Any employee may join, foreigners included, and you may not be punished for it (Código do Trabalho, Articles 24 and 444). The union sets its own subscription. At your written request, your employer will deduct it from your wages and pass it on to the union (Article 458). The union provides lawyers, helps draft letters and represents its members in court.
The public prosecutor and the courts. Money — wages, overtime, holiday pay, compensation — is recovered through the employment court (juízo do trabalho). There the employee is represented free of charge by the public prosecutor's office at the court: you can go there with your documents. Anyone represented by the public prosecutor or a union lawyer pays no court costs if their income is no more than 200 units of account (UC) — about €20,400 a year. Everyone else — legal aid through Segurança Social or their own lawyer: How to find and check a lawyer in Portugal and agree on a fee, Courts in Portugal: where to go, how long to wait and what to pay for.
Deadlines. You can claim money owed under your contract for a year after it ends (Article 337). Overtime and holiday more than five years old can only be proved with documents.
“Lawyers and the employment court. You file the case and wait a few months until you're called.. Have you got proof of what you're saying? Even just the flights and the bank transfer statement + contract. ACT won't help any more because your contract's already ended. Yes, it's worth complaining. It's rare for the court not to side with the worker, especially if you've got proof.”
Translated from Portuguese; the original is at the linkr/portugal30.09.2026
Complaints and your residence permit
A complaint to ACT or a court claim does not in itself affect the renewal of your residence permit: the law gives no such reason for refusal. When renewing, AIMA looks at whether you have enough to live on and somewhere to live, and whether your taxes and contributions are paid. How to renew — How to book an appointment with AIMA and renew your residence permit in Portugal.
Retaliation by the employer. The law treats punishment or dismissal within six months of a complaint as retaliation unless the employer proves otherwise; after a complaint about harassment or discrimination this period is a year (Código do Trabalho, Article 331). How to challenge a dismissal — in the guide Dismissal in Portugal.
Contributions. Check in Segurança Social Direta whether your employer is paying contributions for you: months without contributions do not count towards your record and may cause problems when renewing your residence permit. If they are not paying, that is also grounds for a complaint to ACT.
If you worked without a contract — what to do and how to prove it was employment: Your employer won't give you an employment contract: what to do. What someone who worked without the right to work is entitled to — Document checks in Portugal.
What to bring
- Your employment contract and all addenda to it
- Payslips and statements for the account your wages are paid into
- Your own record of hours: when you arrived, when you left, breaks, overtime — with dates
- Correspondence with your manager and HR, shift rotas
- Sick notes, medical certificates and hospital discharge papers
- Names and contact details of colleagues who saw what happened
- Copies of your letters to your employer signed as received, or receipts for registered post
Where people most often trip up
- You complained only verbally — later there is no way to prove your employer knew about the problem
- You didn't keep your own record of hours — overtime can't be proved later
- You didn't report an injury to your employer within 48 hours — the insurer may refuse part of the payments
- You left your job over unpaid wages without writing a letter — it will be treated as leaving without notice, not as leaving through the employer's fault
- You let a year pass after the contract ended — unpaid wages and overtime can no longer be recovered
- You didn't turn up for a sick-leave check without good reason — your sick days will be counted as unjustified absence