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Hiring and firing in Gondomar follows Portuguese national law, primarily the Labour Code. The rules are detailed and protective of employees, with formalities that employers must follow and rights that workers can invoke. Many sectors also apply collective bargaining agreements that add to or refine the Labour Code. Because Gondomar is in the Porto district, local practice, courts, unions, and employer associations are familiar with regional industries such as manufacturing, services, and commerce, but the legal framework is national. Careful planning at the hiring stage and strict compliance during termination are essential to avoid disputes, fines, or court claims.
Hiring and firing has legal and financial consequences that benefit from early legal advice. Common situations include drafting compliant contracts, choosing the correct contract type, setting probation periods, and designing valid bonus or commission plans. Employers often seek guidance on data protection in recruitment, background checks, medical fitness assessments, and workplace policies. During employment, issues like performance management, disciplinary matters, harassment investigations, and working time control require legally sound procedures. For terminations, a lawyer helps choose the lawful ground, manage consultations, calculate severance, and draft settlement agreements. Employees seek advice when facing disciplinary charges, redundancy, contract non-renewal, unpaid wages, discrimination, harassment, or suspected unfair dismissal. In Gondomar, local counsel with knowledge of Porto labour courts, ACT inspections, and regional practices can be particularly valuable.
Governing framework - The Portuguese Labour Code sets the rules on contracts, working time, pay, leave, equality, privacy, and termination. Additional rules may apply through collective bargaining agreements, health and safety regulations, and data protection law. The Autoridade para as Condições do Trabalho ACT inspects and enforces compliance.
Hiring and contracts - Contracts can be open-ended or fixed-term, part-time or full-time, temporary agency, or very short-term for specific needs. Written form is mandatory for fixed-term, part-time, telework, temporary agency work, and any clauses on probation beyond default rules, non-compete, mobility, or variable pay. Fixed-term contracts require an objective reason and have limits on renewals and total duration.
Probation - Most open-ended hires include a probation period, during which either party may end the contract with simpler formalities and shorter notice. The maximum duration depends on the role and contract type. It must be used in good faith and cannot be discriminatory.
Working time and pay - Standard limits apply to daily and weekly working time, with overtime subject to caps and premium pay. Employers must record working hours, respect daily and weekly rest, and manage leave entitlements. Minimum wage and allowances are set nationally, and collective agreements may add sector-specific rules.
Equality and anti-discrimination - Discrimination on grounds such as sex, age, disability, race, religion, sexual orientation, family status, and union membership is prohibited. Special protections apply to pregnant and breastfeeding workers and recent parents, with consultation duties involving CITE before certain dismissals.
Health, safety, and data privacy - Employers must assess risks, provide training and equipment, and prevent harassment. Data collection in hiring and employment must be necessary and proportionate. CCTV and email monitoring face strict limits, require transparency, and cannot be used to control performance except within narrow legal bounds.
Termination - Lawful paths include mutual agreement, expiry of a fixed-term contract, disciplinary dismissal for just cause, redundancy, unsuitability for the role, and employee resignation. Each path has its own procedures, notice rules, and financial consequences. Disciplinary dismissal requires a formal process with a written statement of allegations and the right to defense. Redundancy and collective layoff have consultation steps and notifications to worker representatives and ACT. Special categories of workers enjoy reinforced protection.
Severance and compensation - Objective dismissals such as redundancy or unsuitability generally trigger statutory severance per years of service, subject to contract date and applicable agreements. Disciplinary dismissals for just cause normally do not include severance. Wrongful dismissal can lead to reinstatement or compensation and back pay. In micro companies, employers may oppose reinstatement by paying compensation instead.
Foreign workers - Employers must confirm the right to work and register workers for tax and social security. Immigration matters are handled by AIMA. Foreign workers have equal employment rights, and discrimination based on nationality is prohibited.
Dispute resolution - Labour disputes in Gondomar are handled by the Porto labour courts. Many cases begin with evidentiary preservation and attempts at negotiation. Strict deadlines apply to challenge dismissals and claim credits, so prompt action is key.
This guide is general information, not legal advice. For a specific case, consult a qualified lawyer.
Open-ended contracts can be oral, but a written contract is strongly recommended and is mandatory for fixed-term, part-time, telework, temporary agency work, and for clauses on probation different from the default, non-compete, confidentiality, mobility, or variable pay. A written contract helps avoid disputes over role, pay, hours, and benefits.
Fixed-term contracts are allowed only for objective, temporary needs that the law recognizes, and the contract must state the reason clearly. The law limits the number of renewals and the total duration. If the reason is not valid or formalities are missing, the contract can be deemed open-ended. Seek advice before renewing or ending a fixed-term contract.
Fair reasons include serious misconduct that destroys trust, redundancy based on economic or organizational reasons, and unsuitability for the role after required adjustments and training. The employer must follow the correct procedure for each ground. Dismissal for discriminatory or retaliatory reasons is illegal.
The employer must issue a written statement of allegations, give the employee access to evidence, allow time to respond, hear worker representatives where applicable, and issue a reasoned decision within statutory deadlines. Skipping steps or missing deadlines can invalidate the dismissal.
Notice and payments depend on the termination ground and the worker's seniority. Expiry of a fixed-term requires advance written notice. Redundancy and unsuitability involve statutory severance. Disciplinary dismissal for just cause generally has no severance. All departures must include payment of outstanding salary, proportional holiday and Christmas pay, and unused vacation.
Yes, but only if they protect a legitimate business interest, are limited in time, geography, and activities, are in writing, and include financial compensation to the worker during the restriction. Overbroad or unpaid non-competes are usually unenforceable.
Monitoring is strictly limited. Employers must inform workers, have a lawful basis, and respect necessity and proportionality. Access to email content is allowed only in narrow circumstances and with safeguards. CCTV may be used for safety and security, not to monitor productivity. Non-compliance risks fines and evidence being excluded.
Redundancy requires objective reasons, consideration of alternative roles, fair selection criteria, consultation with worker representatives where applicable, notification to ACT, and written notice to affected employees. Collective redundancies follow additional steps and timeframes. Severance is due under statutory rules.
You may claim reinstatement or compensation, plus back pay and social security corrections. Courts in the Porto district handle these cases. Deadlines to challenge are short, so act quickly and seek legal advice as soon as you receive dismissal documents.
Yes. Ensure the person has the right to work through AIMA, obtain tax and social security registrations, and issue a compliant contract. Foreign workers are entitled to equal pay and conditions. Keep copies of work authorization and maintain proper records for ACT inspections.
Autoridade para as Condições do Trabalho ACT - labour inspections, guidance, and enforcement
Comissão para a Igualdade no Trabalho e no Emprego CITE - opinions on equality issues and protection for pregnant and parenting workers
Instituto da Segurança Social - registrations, contributions, unemployment and parental benefits
Agência para a Integração Migrações e Asilo AIMA - immigration and work authorization
Instituto do Emprego e Formação Profissional IEFP - employment support and training programs
Ordem dos Advogados - Conselho Regional do Porto - finding qualified labour lawyers in the region
Tribunal do Trabalho do Porto - local labour court for Gondomar area disputes
Sector unions and employer associations - information on applicable collective agreements
Clarify your objective. Identify whether your situation involves hiring, contract changes, performance issues, disciplinary risks, fixed-term expiry, redundancy, or an already issued dismissal.
Gather key documents. Collect the contract, amendments, policy handbooks, emails or letters, payslips, timesheets, performance reviews, and any notices or allegations.
Check deadlines. Termination and wage claims have strict time limits. Mark the dates of notices and decisions and seek advice immediately.
Speak with a labour lawyer in the Porto region. Ask for an initial assessment of risks, options, and likely timelines. For employers, request a step-by-step plan and compliant templates. For employees, ask about reinstatement, compensation, and interim measures.
Choose the right path. Options may include negotiation and settlement, internal appeals, ACT contact, CITE consultation for protected workers, or filing a claim in the labour court.
Preserve evidence and maintain confidentiality. Avoid public statements that could escalate the dispute. Follow any internal procedures in good faith.
Do not sign under pressure. Before signing a settlement, resignation, or contract variation, have it reviewed to ensure legal compliance and fair compensation.
Keep compliance ongoing. For employers, update contracts, policies, training, and data protection notices. For employees, document communications and keep copies of all paperwork.
