The trial period can dictate the continuity of a contract and the relationship between the newly hired worker and the employer.
It is during the trial period that you can form an opinion about the company and the functions you perform. At the same time, this constitutes a phase of assessment of your skills by the employer.
However, despite being included in the Labor Code, the trial period is not mandatory and can be excluded from the contract, in the case of an agreement between the parties or collective regulation.
Find out what Portuguese legislation says about the trial period and find out about your rights and duties!
What is the trial period?
O article 111 of the Labor Code defines the trial period as the initial phase of an employment contract, during which both parties, employer and worker, assess their interest in maintaining the contract.
Employers are obliged to inform the worker, within a maximum period of seven days, on the conditions and duration of the experimental period, according to the Law No. 13/2023. If this does not occur, there will be no trial period.
How long is the trial period by contract type?
The length of the trial period depends on the type of employment contract and the functions to be performed, as mentioned in the article 112.º of Portuguese labor law. Find out case by case:
1. Contract for an indefinite period
The trial period in an indefinite contract is 90 days, for most workers. However, there are cases where the duration can increase to:
- 180 days: for workers who hold positions of technical complexity, a high degree of responsibility or which require special qualifications; perform functions of trust; are looking for their first job or are long-term unemployed.
- 240 days: for professionals who occupy management positions or senior management.
2. Fixed or uncertain term employment contract
The fixed-term employment contract may have a trial period of 30 days or 15 days. The duration depends on the following situations:
- 30 days: in contracts lasting six months or more.
- 15 days: in contracts lasting less than six months or in uncertain-term contracts whose expected duration does not exceed six months.
3. Service commission contract
In the service commission contract, the trial period cannot exceed 180 days. If it is not expressed in the agreement, it is considered void.
Can the trial period be deleted or shortened?
Yes. The trial period can be reduced or excluded, by written agreement between the parties, or through a collective work regulation instrument. This reality applies:
- Term contracts for the same activity;
- Temporary work contracts carried out in the same job position;
- Service provision contract for the same purpose;
- Professional internship for the same activity.
How is the trial period counted?
The trial period begins on the day the employee begins to perform the functions for which he was hired, in accordance with the article 113.º of the Labor Code.
Although it is seen as a period of experience and transition, it counts towards the employee's seniority at the company.
This period also includes training days, often attended by workers starting a new position or performing new functions. However, the training period cannot exceed half the duration of the trial period.
For example, if the trial period is 30 days and the worker is undergoing training determined by the employer for 20 days, only 15 days will be counted.
Furthermore, there are some situations that are considered when counting the trial period, namely:
- Absence (even if justified);
- License;
- Dispensation;
- Contract suspension.
Is it possible to terminate the contract during the trial period?
Both the worker and the employer can terminate the employment contract during the trial period, Without previous warning or invoking just cause, unless otherwise agreed in writing.
This possibility is provided for in article 114th of the Labor Law and establishes that, in these cases, there is no right to compensation. There are, however, two exceptions to prior notice:
- If the trial period has lasted more than 60 days, termination by the employer must be made with seven days' notice;
- If the trial period lasted 120 days or more, notice must be given 30 days in advance.
Please note that, in both of the above situations, notification by registered letter with acknowledgment of receipt is mandatory. Violation of this communication implies that the worker has the right to corresponding remuneration for the missing notice.
Rights of the worker and the employer
During the experimental period, both rights and duties of the worker and the employer are equivalent to those of an employment contract.
As soon as a possible employment relationship begins, both parties must follow the rules defined by the company and legislation. This includes, among other things, compliance with working hours, provision of equipment necessary for duties and the right to rest days.
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