The talent shortage represents a challenge for many areas of business, especially the tourism and hospitality sector. 

It is imperative to attract new workers to an activity that is expanding and has a great impact on the Portuguese economy.

One of the solutions highlighted is the hiring of international talent. Currently, it is estimated that 13% of the employed population in the country is made up of immigrants. 

More and more people are willing to migrate in search of better job opportunities and living conditions.

When foreign labor is accompanied by talent, this can be a great strength for your company. Therefore, it is natural to ask yourself how to hire a foreign worker within the law and try to understand the regulations.

Benefits of hiring foreign talent

Recruiting international talent initially started from the need for qualified personnel, but has become a source of advantage for organizations.

The inclusion of professionals with internationalized contacts, experiences and relationships can open the doors to business expansion into new markets.

As a result, it brings new solutions, collaboration opportunities and market access. 

On the other hand, it increases cultural diversity in organizations, which boosts productivity, offers new perspectives, improves knowledge and enriches the work environment.

There are several benefits, so it is important to ask the question of how to hire a foreign worker, so as not to incur legal non-compliance, under penalty of being subject to a fine.

When it is not necessary to register foreign workers

Normally, the hiring of foreign workers must be reported to the Working Conditions Authority (ACT). However, there are exceptions to this rule.

It is not necessary to register the contract when the worker has the nationality of the following states:

• Iceland;
  
  
• Liechtenstein;
  
  
• Norway:
  
  
• Türkiye;
  
  
• Brazil (only if you have requested equal rights status);
  
  
• Cape Green;
  
  
• Guinea Bissau;
  
  
• Sao Tome and Principe;
  
  
• a Member State of the European Union.

How to hire a foreign worker: 5 legal requirements

Do you want to attract talent from other countries to your company? But first, you need to understand what regulations must be complied with? Find out how to hire a foreign worker according to legal rules and secure your next hire.

1. Follow the specifics of an employment contract with a foreign worker

The employment contract signed with a foreign citizen, to carry out their activity in Portuguese territory, must be formalized in writing and be produced in two copies, one of which must be delivered to the worker by the employer.

The employment contract, without disregarding other applicable requirements in the case of a fixed-term contract, must include the following information:

• Identification, signatures and address or headquarters of the parties;
  
  
• Reference to the work visa or the worker's residence or stay permit in Portuguese territory;
  
  
• Nature of the employer's activity;
  
  
• Description of the contracted activity and worker remuneration;
  
  
• Regular place and hours of work;
  
  
• Amount, frequency and method of payment of remuneration;
  
  
• Dates for signing the contract and starting to provide the activity.

Furthermore, the contract must include the identification and address of the person or persons benefiting from the pension in the event of death resulting from an accident at work or occupational illness of the worker.

The copy of the contract that remains with the employer must only contain documents that prove compliance with legal obligations related to the entry and stay or residence of the foreign citizen in Portugal, such as visas, residence permits and expressions of interest.

2. Register the contract with the Working Conditions Authority (ACT)

The employer must notify ACT, using an electronic form available on the ACT website, of the conclusion of an employment contract with a foreign worker before the start of their duties.

Failure to communicate constitutes a serious offense. It is not necessary to make this communication when the worker is a national of the states mentioned above.

3. Communicate the worker's admission to Social Security

The employer must also notify the Social Security services of the admission of the foreign worker. This communication is essential so that the social security identification number (NISS) can be assigned to the worker.

Notification of the admission of workers to Social Security must occur within the same deadlines stipulated for the hiring of national citizens.

If the employer does not communicate within the stipulated period, it is assumed that the worker began his/her duties on the 1st day of the 6th month prior to non-compliance. 

Furthermore, the employer is subject to the application of an infraction, subject to financial penalties.

4. Join the Work Compensation Fund (FCT) and Work Compensation Guarantee Fund (FGCT) 

Normally, the employer must choose to join the Work Compensation Fund (FCT), unless they choose to join an Equivalent Mechanism (ME), in addition to also joining the Work Compensation Guarantee Fund (FGCT).

5. Respect the principle of priority

Finally, it must be respected the principle of priority. In other words, employers must verify that there are no national, EU or foreign citizens with legal residence in the national territory who can perform the intended functions.

The principle of priority is considered to be followed when the job offer, announced in the IEFP, is not filled by national citizens with priority, within a maximum period of 30 working days, counting from the date of publication.

Are you looking for qualified and specialized talent?

Now that we have answered the question of how to hire a foreign worker, we bring the solution to the next step.

Where can you find international talent? How to recruit simply and quickly to address the lack of workers in your team?

Find qualified and specialized candidates in Employment Exchange Fairs. We bring together thousands of potential candidates with various nationalities who are looking for their next opportunity.

Reach the ideal candidate faster at our fairs! Discover the dates and locations of upcoming fairs.