Best Hiring & Firing Lawyers in Sintra

About Hiring & Firing Law in Sintra, Portugal

Employment relations in Sintra are governed by national Portuguese law - primarily the Portuguese Labour Code - and by collective bargaining agreements where they apply. Employers and employees in Sintra must follow the same rules as elsewhere in Portugal for hiring, contract terms, probation, wages, social contributions, working time, workplace safety and dismissal. Local public bodies and courts that handle labour matters are located in the Lisbon judicial district, and local inspections and employment services operate through national agencies with regional offices serving Sintra.

Why You May Need a Lawyer

Labour law can be technical and mistakes are costly. A lawyer can help in many common situations, including:

- Drafting or reviewing employment contracts so terms are lawful and clear.

- Handling disciplinary procedures and performance-related dismissals to reduce the risk of claims.

- Advising on lawful grounds for dismissal, notice requirements and severance exposure.

- Representing employers or employees in dismissal disputes, judicial claims and administrative complaints.

- Guiding employers through collective redundancies or restructuring procedures that trigger special consultation rules.

- Assisting with hiring foreign workers, ensuring permit and registration compliance.

- Advising on workplace policies - for example on leave, data protection at work, health and safety and internal regulations.

Local Laws Overview

Key aspects of Portuguese employment law relevant in Sintra include:

- Contract types - Contracts may be indefinite, fixed-term, part-time or temporary. The Labour Code regulates use and conversion of fixed-term and temporary contracts and sets limits and formal requirements.

- Written terms - Fundamental working conditions should be recorded in writing. Even where a contract is verbal, employers must provide written information on essential terms and conditions.

- Probation - A probationary or trial period is permitted for many contracts. The allowed duration depends on the nature of the job and the contract type.

- Working time and pay - National rules cover working hours, overtime, rest breaks, holidays and the annual minimum wage. Social security contributions and income tax withholding are mandatory.

- Disciplinary rules and dismissal - Dismissal must be based on lawful grounds: disciplinary misconduct, capability or behavior, and redundancy or extinction of job are common categories. Procedural steps and notice requirements must be followed. Unlawful dismissal can lead to reinstatement or compensation.

- Collective procedures - Collective dismissals and large restructurings require consultation with employee representatives or unions and notification to authorities.

- Family and special protections - Maternity, paternity, illness, workplace accidents and protected leaves attract special protection against dismissal and have specific rules.

- Enforcement and remedies - Labour disputes can be resolved through mediation, administrative complaints to labour authorities and through the labour courts. Labour inspectors can impose sanctions for breaches.

Frequently Asked Questions

Do I need a written contract to hire someone in Sintra?

Written contracts are strongly recommended and in many cases required to record essential terms. Although short verbal agreements can sometimes be valid, employers should always provide written confirmation of working conditions because written terms reduce legal uncertainty and are necessary for certain contract types and administrative formalities.

What kinds of employment contracts can I use?

Portuguese law recognises several contract types - indefinite (permanent), fixed-term, temporary and part-time. Each type has rules on duration, renewal and justification. Fixed-term or temporary contracts cannot be misused to avoid the protections that apply to permanent employees.

Can an employer dismiss an employee at any time?

No. Dismissal must be based on lawful grounds and must respect procedural requirements. Employers must follow internal disciplinary procedures, give notice where required and respect protected periods such as maternity leave or medical leave unless an exceptional lawful ground exists. Failure to follow the rules can result in claims for unfair dismissal.

What are common lawful reasons for dismissal?

Common categories include disciplinary dismissal for serious misconduct, dismissal for capability or performance reasons and dismissal due to redundancy or extinction of the position for economic, structural or technological reasons. Each category has different procedural steps and evidentiary standards.

What should I do if I receive a dismissal notice I believe is unfair?

If you believe a dismissal is unfair, do not delay. Gather all relevant documents - employment contract, payslips, notices, emails and witness information - and seek legal advice promptly. You may file a claim in the labour court or pursue administrative remedies. Time limits and procedural rules apply, so prompt action is important.

How is severance or compensation calculated?

Compensation depends on the reason for dismissal, the employee's length of service, salary and whether the dismissal is declared unlawful by a court. Different formulas may apply for unfair dismissal, collective dismissals or contractual terminations. Exact amounts are fact-specific, so consult a labour lawyer to estimate exposure.

Are there special protections for pregnancy, parental leave or illness?

Yes. Portuguese law provides protections for pregnancy, maternity and paternity leave, and certain health-related absences. Dismissal during protected periods is restricted and can be subject to strict legal scrutiny. Employers must follow statutory rules when proposing changes to employment conditions that affect protected workers.

What happens on termination for redundancy or company restructuring?

Redundancies and reorganisations often trigger consultation obligations with employee representatives and notification to labour authorities. Employers may need to justify the economic or structural reason for the redundancy and apply objective selection criteria. Failure to comply with consultation procedures can invalidate the dismissals or increase compensation liability.

Can I hire a foreign national to work in Sintra?

Yes, but hiring non-EU/EEA nationals requires attention to immigration rules and work permits. Employers must verify the worker's right to work, arrange necessary visas or authorisations and register the employment with social security and tax authorities. A lawyer or immigration specialist can help navigate permit requirements and timelines.

Where can I report labour law violations or request an inspection?

Labour inspections and complaints are handled by the national labour authority. If you believe there is a breach of employment law - for example unpaid wages, unpaid social contributions or health and safety issues - you can file a complaint with the competent labour inspection service. Legal advice can help determine whether an administrative complaint or a judicial claim is the most effective route.

Additional Resources

Useful organisations and bodies that assist employers and employees in Sintra include national authorities and professional organisations. Examples of institutions to consult are:

- The national labour authority responsible for working conditions and inspections - for guidance on workplace safety and labour inspections.

- Social Security - for registration, contributions and benefits questions.

- Tax Authority - for payroll withholding and tax registration obligations.

- Employment services - for hiring support and information about subsidies or training programmes.

- Trade unions and employer associations - for collective bargaining information and local support.

- The Ordem dos Advogados - for finding registered lawyers specialising in labour law.

- Local labour courts in the Lisbon judicial district - for disputes that require judicial resolution.

Next Steps

If you need legal assistance with hiring or firing in Sintra, follow these practical steps:

- Gather documents - employment contracts, job descriptions, payslips, social security receipts, disciplinary records, emails and any written communications relevant to the issue.

- Identify the main issue - for example, contract drafting, an imminent dismissal, a dispute over unpaid wages, or a planned redundancy process.

- Seek an initial consultation with a labour lawyer who has experience in Portuguese employment law and local practice in the Lisbon district. Ask about fees, the likely timeline and possible outcomes.

- Act promptly - labour disputes and administrative remedies can have strict time limits. Early legal advice helps preserve evidence and avoid procedural mistakes.

- Consider alternative dispute resolution - mediation or negotiation can resolve many employment disputes faster and with less cost than litigation.

- If you are an employer, update your internal practices - ensure written contracts, accurate payroll, social security registration and clear disciplinary and redundancy procedures to reduce risk.

- If you have limited resources, check whether you qualify for legal aid or can obtain initial guidance from public employment services or unions.

Getting the right advice early will protect your rights and reduce the costs and disruption of disputes. Labour law in Portugal is protective of employees but also provides lawful paths for employers to manage staff when rules are followed. A local labour lawyer can help you interpret the Labour Code as applied to your specific situation in Sintra.