The contract registration process of foreign employees is processed in 2 steps:
Firstly, register the employer and you will receive a password on your e-mail;
Secondly, login using the employer’s NIPC (taxpayer number) as a username and the password that you received, then you can register the foreign worker contract.
Register the employer.
- If you have already done the registration of the employer, login by using the employer’s NIPC (taxpayer number) as a username and the password that you received.
- If you already have a registered employer and do not know the password, you can retrieve it here.
Any questions, please contact did.mail@act.gov.pt
Please note*
It is not necessary to register the hiring of citizens from the following states:
- European Union (see countries that are member states);
- Iceland;
- Liechtenstein;
- Norway;
- Turkey;
- Brazil (provided you have the applied for the equal rights’ status);
- Cape Verde;
- Guinea Bissau;
- Sao Tome and Principe.
* Notice published in BTE (Bulletin of Work and Employment) No. 17 of May 8, 1999
Which rights does a foreign worker hold in Portugal?
The foreign workers allowed to undertake an employee’s occupation in Portuguese territory enjoy the same rights and are subject to the same duties as the employees of Portuguese nationality.
Is it mandatory to report to the Authority for Working Conditions (ACT) to hire a foreign worker?
Yes. The employer must notify the ACT, using the electronic form or the employment contract entered into with a foreign worker within 15 days before the execution or termination of the contract.
Aside from hiring a national of a member country of the European Economic Area* or another state that enshrines equal treatment as national citizens in the free exercise of professional activity, the employment contract with a foreign worker is subject to written form and must contain among other information, the reference to a work visa or residence permit certificate or worker's stay in Portuguese territory.
The employee must attach to the contract the identification and address of the person or persons for the receipt of pension in case of death resulting from industrial accident or occupational disease.
The employment contract must be prepared in duplicate, and the employer must submit a copy to the worker.
(*In addition to the 27 Member States of the European Union, Iceland, Liechtenstein and Norway)
No. Every year, the employer shall provide training to at least 10% of the company's workers. This does not prevent the employer from being obliged to prepare the multi-annual training plan to ensure all the workers’ rights (35 hours per year) or from allowing and granting credit hours for the workers to attend training on their initiative.
Without prejudice of other obligations, the worker must:
a) respect and treat the employer, superiors, co-workers and the people who relate to the company, with courtesy and integrity;
b) attend the service with attendance and punctuality;
c) carry out the work with zeal and diligence;
d) diligently participate in vocational training actions as may be provided by the employer;
e) Comply with the orders and instructions of the employer regarding the performance or labor discipline, as well as safety and health, which are not contrary to their rights or guarantees;
f) be loyal to the employer, in particular by dealing on own account or that of others competing with him, not to disclose information regarding the organization, production methods or business;
g) ensure the conservation and proper use of assets related to the work entrusted to them by the employer;
h) promote or perform acts aimed at improving the company's productivity;
i) cooperate to improve health and safety at work, notably through the elected representatives of the workers for this purpose;
j) comply with the requirements on safety and health at work arising from the law or instrument of collective labor regulation.
It is forbidden for the employer to:
a) oppose, in any way, to the employees exercising their rights or fire them, applying some sort of penalty, or treat them unfavorably because they used their rights;
b) prevent the effective performance of work without justification;
c) Put pressure on the employee to act in order to have a negative influence on the working conditions of him or fellow workers;
e) Changing the worker to a lower category, except in cases provided for in the Labor Code;
f) transfer the employee to another workplace, except in cases provided for in the Labor Code or in collective labor regulation instrument, or when there is agreement;
g) Give the worker to be used by a third party, except as provided in the Labor Code or instrument of collective labor regulation;
h) force the employee to purchase goods or services for himself or for someone designated by him;
i) Explore, for profit, canteen, cafeteria, stationery or other property directly related to the work, for the supply of goods or provision of services to their workers;
j) terminate the contract and re-hire the worker, even with their consent, in order to harm the employee regarding the law or his seniority warranty.
The employee is entitled each year to a minimum of 35 hours of training, which can be anticipated or deferred for four years, according to the multi-annual training plan prepared by the employer.
Upon completion of the two-year period, the employee gets an hours’ credit equal to the number of hours for attending training on their own initiative. In this case, the employee must notify the employer of their intention to attend training on their own initiative with at least 10 days.
The training attended by the worker gives also right to receiving a training certificate and the record in the Employee’s Individual Skills Record Book, under the legal regime of the National Qualifications System.
Giving the case the employer does not ensure that employees, over two years, 35 hours of annual training, the worker is legitimate to use the corresponding credit hours the minimum number of hours of annual training that did not receive, for frequency training courses on their own initiative.
In this case, the employee must notify the employer of their intention with at least 10 days and the formation of his choice must be matched with the given activity, respect the information and communication technologies, health and safety at work or foreign language.
The hours of training not organized by the employer are converted, as the workers not covered by these hours, accumulating credits over three years, after which ceases.
The right to use accumulated training hours of the employee’s choice can and should be used during normal working hours.
The use of hours’ credit is worth as an effective service and entitles to compensation, which means it will not be deducted from the employee's salary.
The hours that the employee is exempt from the work to attend classes and absences to provide assessment tests, under the Statute of Worker Student, count toward the 35 hours of continuous annual training.
The absences from work given by the worker under recognition, validation and certification of skills are considered in the calculation of the 35 hours of continuous annual training.
By ceasing the employment contract, the employee is entitled to receive remuneration corresponding to the minimum annual number of hours of training that he has not been provided, or credit hours for training that he holds on the date of termination.
The compensation is the same as planned for the collective dismissal, as well as workers' rights relating to notice, payment of compensation, the overdue and payable as a result of termination of employment, credit hours and to denunciation of contract.
Click here (http://www.act.gov.pt/(pt-PT)/Itens/Faqs/Documents/Qual%20a%20compensa%C3%A7%C3%A3o%20por%20cessa%C3%A7%C3%A3o%20do%20contrato%20de%20trabalho%20sem%20termo.pdf ) to see the compensation calculation formula for termination of permanent employment contract.
Click here (http://www.act.gov.pt/(pt-PT)/Itens/Faqs/Documents/Qual%20a%20compensa%C3%A7%C3%A3o%20por%20cessa%C3%A7%C3%A3o%20do%20contrato%20de%20trabalho%20a%20termo%20ou%20tempor%C3%A1rio.pdf ) to see the compensation calculation formula for termination of fixed-term or temporary employment contract.
The compensation is the same as planned for the collective dismissal, as well as workers' rights relating to the previous notice, payment of compensation, overdue and payable credits as a result of termination of employment, credit hours and to the termination of the contract.
Click here (http://www.act.gov.pt/(pt-PT)/Itens/Faqs/Documents/Qual%20a%20compensa%C3%A7%C3%A3o%20por%20cessa%C3%A7%C3%A3o%20do%20contrato%20de%20trabalho%20sem%20termo.pdf ) to see the compensation calculation formula for termination of permanent employment contract.
Click here (http://www.act.gov.pt/(pt-PT)/Itens/Faqs/Documents/Qual%20a%20compensa%C3%A7%C3%A3o%20por%20cessa%C3%A7%C3%A3o%20do%20contrato%20de%20trabalho%20a%20termo%20ou%20tempor%C3%A1rio.pdf ) to see the compensation calculation formula for termination of fixed-term or temporary employment contract.
Learn more at: www.act.gov.pt
Source: Ministry of Solidarity, Employment and Social Security
