Can my employer fire me without cause during the probation period?
Moving to a new country and landing that first job in Lisbon or Porto feels like a massive victory, until you realize you are technically on "trial" for months. I remember sitting in a small cafe in Chiado during my own first month, clutching my contract and wondering if a single mistake could get me sent home. This guide explains exactly how Portuguese probation periods work so you can navigate your early employment days with confidence and legal clarity.
Understanding the Probation Period (Período de Experiência) in Portugal
In Portugal, the probation period, or período de experiência, is a standard feature of almost every employment agreement. It is designed to allow both the employer and the employee to assess whether the professional relationship is a good fit. While it feels like a period of high vulnerability for the worker, the Portuguese Labour Code (Código do Trabalho) actually provides specific frameworks for how long these periods can last and what happens if they are terminated.
What is a Probation Period?
A probation period is the initial phase of an employment contract during which either party can terminate the agreement without needing a "just cause" (justa causa) and, crucially, without the right to compensation. For many expats, this is the most stressful part of the Employment Rights in Portugal: Contracts, Leave, and Labor Laws framework. During this time, the employer is evaluating your technical skills, your ability to integrate into the team, and your punctuality. Conversely, you should be evaluating if the company culture matches what was promised during the interview.
Duration of Probation for Different Contract Types
The length of your probation isn't arbitrary; it is strictly regulated by law based on the complexity of your role and the type of contract you signed. For a standard indefinite contract (contrato sem termo), the default period is 90 days for the majority of workers. However, if you are in a highly technical or high-complexity role, this can extend to 180 days. For those in top management or leadership positions, the period can be as long as 240 days.
If you have signed a fixed-term contract (contrato a termo certo), the rules change slightly. For contracts lasting six months or more, the probation is typically 30 days. For shorter contracts, it is often 15 days. It is vital to review Understanding Your Portuguese Employment Contract (Contrato de Trabalho) before your first day to ensure the duration listed matches the legal limits for your specific job category.
Written Agreements and Probation
One common administrative hurdle expats face is the "verbal" promise. In Portugal, if your written contract does not explicitly mention a probation period, the law assumes that the probation period matches the legal default for your role. However, it is always better to have this clearly defined. If you are switching from one role to another within the same company, or if you previously did an internship with the same employer, the time spent in that previous role must be deducted from your new probation period. Many employers conveniently "forget" this, so keep your records updated.
The Legality of Termination Without Cause
The short answer to the core question is: yes, your employer can fire you without cause during the probation period. This is the "at-will" portion of an otherwise very protective labor system. For a foreigner whose residency permit might be tied to their employment, this reality can be incredibly daunting.
Can They Really Just Let You Go?
According to Article 114 of the Labour Code, during the período de experiência, either party can terminate the contract without giving a reason. There is no need for a formal disciplinary process or a "notice of poor performance." The employer simply needs to inform you in writing that they are invoking the probation period termination clause. This lack of requirement for a "cause" is why it is so important to maintain a high level of professionalism from day one. To better understand the context of your pay during this time, you should look into Minimum Wage (€920) vs Average Salary: What to Expect in Portugal to ensure you are being compensated fairly for the risk you are taking.
Notice Periods During Probation
While a reason isn't required, a notice period might be, depending on how long you have been with the company. If your probation period has lasted more than 60 days, the employer is legally required to give you 7 days' notice before the termination takes effect. If the probation has lasted more than 120 days (for those in 180-day or 240-day brackets), the notice period increases to 15 days.
Failure to provide this notice doesn't necessarily stop the firing, but it does mean the employer must pay you for the days of notice you should have received. This "pay in lieu of notice" is a small consolation but a right you must insist upon if they ask you to leave immediately after two months on the job. Understanding Probation Periods (Período de Experiência) and Notice Periods for Resigning is equally important if you find the job isn't right for you and wish to leave without penalty.
Written Notification Requirements
Any termination during probation must be done in writing. A verbal "don't come in tomorrow" is not legally binding in Portugal. If your boss tells you that you are fired but refuses to provide a signed letter, you should technically continue showing up for work and document your presence. Without that letter, the contract is still active. This is a common trick used to claim "unjustified absence" against a worker later. Always demand the paper trail.
Essential Rights and Protections During Probation
Even though "cause" isn't needed for termination, you are not entirely without rights. The Portuguese legal system still protects you from abusive or discriminatory practices, even on day one of your employment.
Discrimination and Prohibited Terminations
You cannot be fired during probation for reasons related to discrimination. This includes pregnancy, nationality, religion, sexual orientation, or joining a union. If you suspect that your "probationary firing" was actually a cover for discrimination—for example, if you were let go immediately after announcing a pregnancy—you have the right to challenge this in court. The burden of proof in these cases can be difficult, but the CITE (Commission for Equality in Labour and Employment) is a resource for those facing such hurdles.
Calculating Final Pay (The Settlement)
When you are let go during probation, you are still entitled to your "pro-rated" benefits. In Portugal, salaries are paid 14 times a year. This means you must receive your proportional share of the Christmas bonus and the holiday bonus (subsídio de férias) for the time you actually worked. You are also entitled to pay for any unused vacation days you accrued during those months.
Expats often miss out on hundreds of Euros because they assume being "fired in probation" means they get nothing but their final month's salary. Reference The 14-Month Salary System: Christmas and Holiday Bonuses Explained to calculate exactly what your final "accounts" (contas) should look like. If the numbers don't add up, do not sign the discharge document (quitação) until they are corrected.
| Item | Entitlement During Probation | Basis of Calculation |
|---|---|---|
| Basic Salary | Yes | Days worked in the final month |
| Christmas Bonus | Yes | Pro-rated (1/12th per month worked) |
| Holiday Bonus | Yes | Pro-rated (1/12th per month worked) |
| Unused Vacation | Yes | 2 days accrued per month worked |
| Severance Pay | No | Not applicable in probation |
| Notice Period Pay | Sometimes | Required if tenure > 60 days |
How to Report Violations and Seek Help
If things go wrong and you believe your employer has violated the terms of the Labour Code, you need to know who to call. The administrative side of Portugal can be slow, but it is functional if you know the right acronyms.
The Role of the ACT
The Autoridade para as Condições do Trabalho (ACT) is the national body responsible for inspecting workplaces and ensuring labor laws are followed. If your employer refuses to pay your pro-rated bonuses or terminates you without the required notice after 60 days, you can file a complaint with them. You can visit their offices in person—there are major branches in Lisbon near Avenida da República and in Porto near Boavista—or use their online portal. Knowing How to report workplace harassment or unpaid wages to the ACT is a vital skill for any expat working in the private sector.
Unemployment Benefits and the IEFP
If you have been working in Portugal long enough to contribute to Social Security before this specific job, or if you were on a long probation that eventually counts toward your totals, you might be eligible for unemployment support. Even if you aren't eligible for money, you should still register. Check How to properly register at the IEFP office as an unemployed expat to ensure you keep your Social Security status active, which is often a requirement for residency renewals.
Language Barriers and Support
Navigating a legal dispute in a second language is exhausting. Many expats find that their lack of technical Portuguese makes them an easy target for unscrupulous HR managers. This is where investing in your language skills pays off. Using a resource like PortuguesePod101 can help you understand the specific terminology used in contracts and dismissal letters. Being able to say "I am waiting for my written notice" in clear Portuguese often signals to an employer that you cannot be easily intimidated. PortuguesePod101 offers specific lessons on office communication that can be a lifesaver during a tense meeting.
Practical Tips for Navigating the First 90 Days
Surviving the probation period is as much about cultural integration as it is about your job performance. Portugal has a unique office dynamic that can be jarring if you are coming from Northern Europe or North America.
Cultural Nuances and Integration
Portuguese offices often value hierarchy and face-time. While you might be more productive working from home, being physically present during your probation period is often viewed as a sign of commitment. Engaging in the "coffee culture"—the mid-morning or mid-afternoon break with colleagues—is not "wasting time"; it is where the real networking happens. For a deeper look at these norms, read Portuguese Work Culture: Hours, Communication, and Office Etiquette.
Communication is Key
Don't wait until day 89 to ask how you are doing. Requesting a monthly check-in with your manager can help you pivot if there are performance issues you weren't aware of. If you struggle with the language, even small efforts to use Portuguese in the office will be highly appreciated. Tools like PortuguesePod101 are excellent for learning the "small talk" that builds rapport with your Portuguese colleagues. Improving your Learning Portuguese for Career Growth: Certificates and Business Language skills shows your employer that you are planning for a long-term future in the country, which can make them more hesitant to let you go during a temporary dip in workload.
Documentation and Record Keeping
Throughout your probation, keep copies of everything. Every email praise, every completed project, and every "well done" in a Slack message should be backed up. If your employer decides to terminate you, having a folder full of evidence of your good performance might not stop the termination, but it can be used if you need to argue for unemployment benefits or if you decide to contest the firing as discriminatory. Understanding Corporate Culture in Portugal: Hierarchy, Dress Code, and Meetings will help you understand what constitutes "good performance" in a local context.
Final Thoughts on Probation Security
The transition to a new life in Portugal involves many moving parts, and your job is the engine that keeps it all running. While the reality that an employer can fire you without cause during probation is harsh, it is also a period where you have the freedom to walk away if the job isn't what you expected. By keeping yourself informed of the notice periods, ensuring your pro-rated bonuses are paid, and utilizing resources like PortuguesePod101 to bridge the cultural gap, you can move through your período de experiência with your eyes wide open.
Remember that most probation periods end successfully with the employee becoming a permanent part of the team. Use this time to build your local network and solidify your standing in the community. If you find yourself needing to improve your professional vocabulary quickly, PortuguesePod101 remains one of the most accessible ways to do so while balancing a full-time job.
Disclaimer
This guide is for informational purposes only and does not constitute legal advice. Portuguese labor laws are subject to change, and specific contract clauses may alter your individual rights. Always consult with a qualified legal professional or the ACT regarding your specific employment situation.
