Working in Portugal - Amendments of Contracts

Portuguese law enshrines the duty of information for the employer as regards important aspects of the contract of employment, and for the worker as regards aspects important for the performance of work. 

The employer must provide the worker with at least the following information in writing: 

• identification of the enterprise
• place of work
• professional category and its content
• date of entering into the contract
• duration of the contract and whether it is subject to a time limit for resolution
• duration of annual leave
• periods of notice for terminating the contract
• value and frequency of remuneration
• normal daily and weekly working hours
• the instrument of collective regulation, where applicable

This document must be given to the worker within 60 days of their beginning to perform the contract.

If any of the information referred to is altered the employer must inform the worker accordingly in writing within 30 days of the date the alteration comes into effect. This obligation does not apply when the alteration arises out of the law, the applicable instrument of collective labour regulation or the enterprise's internal regulations.

Functional mobility

This is taken to mean the possibility for the employer, when the enterprise's interests so require, to make the worker temporarily responsible for duties not included in the activity for which they were hired, provided it does not involve a substantial change in the worker's position or a reduction in pay. The alteration order must be justified and must indicate the foreseeable time involved.

Geographic mobility

This is taken to mean the possibility for the employer, when the enterprise's interests so require, to transfer the worker to another place of work, provided such a transfer does not involve serious inconvenience for the worker, though within the scope of the contract the parties may increase or restrict the possibility of transfer. The order to permanently transfer the place of work, except in unforeseen circumstances, must be communicated with at least 30 days' notice.

Temporary transfer

This is taken to mean the possibility for the employer, when the enterprise's interests so require, to transfer the worker temporarily to another place of work, provided the transfer does not involve serious losses for the worker and does not exceed a period of six months, though within the scope of the contract the parties may increase or restrict the possibility of transfer. The order to temporarily transfer the place of work, except in unforeseen circumstances, must be communicated with at least eight days' notice.

Transfer of enterprise or establishment

In the event of a transfer of ownership of the enterprise for any reason, the legal position of employer in the respective labour force's contracts of employment is transferred to the acquiring party.

Useful information:

• IDICT – Instituto do Desenvolvimento e Inspecção das Condições de Trabalho [Institute for the Development and Inspection of Working Conditions]
  Tel: 217 924 500 
  Fax: 217 924 597

Text last edited on: 12/2004

Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.