Best Hiring & Firing Lawyers in Torres Novas

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PL SOLICITORS
Torres Novas, Portugal

English
PL Solicitors International Office brings together a group of qualified professionals trained across diverse legal and judicial areas, guaranteeing client safety and ongoing follow up in all matters, and delivering a high quality service.With over 30 years of experience, the firm operates across...
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1. About Hiring & Firing Law in Torres Novas, Portugal

In Torres Novas, hiring and firing are governed by Portuguese labour law, with the Labour Code as the central framework. Local practice aligns with national rules enforced across Santarém district and by local courts and tribunals. Employers and employees must follow formal procedures, provide clear justifications for dismissal, and observe notice periods and severance requirements.

The main topics include employment contracts, grounds for termination, notice periods, severance pay, and non-discrimination protections. For residents of Torres Novas, understanding these rules helps manage employee relations and reduces the risk of disputes. Always verify the current rules in the Diário da República for the latest text of the Labour Code.

2. Why You May Need a Lawyer

  • Unfair dismissal or discrimination in Torres Novas - If you believe your contract was terminated for discrimination, a lawyer can assess the evidence and challenge the decision. They can help gather documentation and prepare for a potential court or arbitration process.
  • Non-compliance with pre-dismissal procedures - If the employer did not follow required steps or did not provide a valid justification, a legal professional can demand proper procedures and potentially rescind or reframe the termination.
  • Disagreement over severance or notice periods - A lawyer can review your contract, tenure, and applicable rules to calculate and negotiate appropriate severance pay and notice timelines.
  • Collective or mass redundancies in a Torres Novas business - Lawyers help ensure proper procedures, stakeholder communication, and compliance with collective redundancy rules and timelines.
  • Employer seeking to implement telework or restructuring - A solicitor can help design compliant policies, avoid misclassification, and document changes to avoid disputes later.

3. Local Laws Overview

Código do Trabalho - The central statute governing hiring, dismissal, contracts, suspensions, and related employer-employee relationships in Portugal. It sets out valid grounds for termination, notice requirements, severance principles, and procedures to contest dismissals. All employers in Torres Novas must comply with this Code and its amendments.

Regime de Despedimento por Justa Causa - This regime covers dismissals based on justified reasons tied to employee conduct or performance. Employers must document the facts, provide opportunities to respond, and follow formal notification processes to avoid invalid dismissals.

Regime de Despedimento Coletivo - Applies when a company intends to dismiss multiple employees due to economic, technological, or structural reasons. It requires specific procedural steps, consultation with workers' representatives where applicable, and adherence to timelines defined in the Labour Code.

Teletrabalho e Regimes de Trabalho Remoto - Telework provisions regulate when employees work remotely and how contracts, equipment, data security, and supervision are handled. Recent updates have clarified employer responsibilities and employee rights in Torres Novas and across Portugal.

Recent amendments in Portugal focus on telework and procedural clarity for dismissals; consult the Diário da República for the exact texts and dates. See official sources for the latest updates.

For authoritative texts, consult official sources such as the Diário da República and the Government portals:

Diário da República - official legislation publication

Portal do Governo - Government information on employment and labour matters

Autoridade para as Condições do Trabalho (ACT) - enforcement and guidance on labour conditions

4. Frequently Asked Questions

What is the basic process for dismissing an employee in Portugal?

In Portugal, dismissal requires a valid legal reason and formal written communication. The employer must follow pre-dismissal procedures and provide a justification that can be reviewed by a court or labour tribunal in Torres Novas.

How long is the notice period for dismissal in Portugal?

Notice periods depend on the contract type and tenure. An employee should receive written notice, and the period is calculated to reflect length of service and the applicable regime in the Labour Code. A lawyer can confirm the precise term for a given case.

Do I need a lawyer to handle a dismissal case in Torres Novas?

While not always mandatory, having a lawyer improves chances of a fair outcome. A lawyer can assess grounds, ensure procedural compliance, negotiate severance, and represent you in court or negotiations.

What constitutes just cause for dismissal in Portugal?

Just cause includes serious misconduct or significant performance failure documented with evidence. The employer must show the factual basis and provide the employee an opportunity to respond before a decision is made.

How much severance am I entitled to after dismissal?

Severance depends on contract type and tenure, among other factors. A lawyer can calculate the correct amount and negotiate on your behalf if the employer shortfalls.

Can I challenge a dismissal in court in Torres Novas?

Yes. Dissatisfied employees may appeal to the labour court or tribunal. A lawyer can help prepare the case, collect evidence, and represent the employee's rights.

How long does a wrongful dismissal lawsuit take in Portugal?

Timeline varies by case complexity and court schedules. Procedures may extend over several months to over a year, depending on evidence, parties, and local caseloads.

What is the difference between termination for cause and redundancy?

Termination for cause is due to employee misconduct or performance issues. Redundancy results from business needs, such as restructuring or economic challenges, affecting multiple workers.

How do I start a dismissal procedure for a mass layoff?

Begin with a formal decision, notify workers and representatives, and follow statutory steps for collective dismissal. A lawyer helps ensure compliance and reduces risk of invalidation.

When must a dismissal be communicated to the employee and in what form?

Dismissals must be communicated in writing, with clear reasons and details. The timing must respect legal notice periods and any applicable collective bargaining agreements.

Where can I file a complaint about unfair dismissal in Torres Novas?

Complaints can be filed with the local labour court or tribunal in the Santarém district. A lawyer can guide you on the correct process and deadlines.

Do I need to register a fixed-term contract before dismissal?

Fixed-term contracts must comply with duration and renewal rules, and termination at the end of the term may not require a separate justification. A lawyer can verify contract terms and ensure proper handling of end-of-term dismissals.

5. Additional Resources

  • Autoridade para as Condições do Trabalho (ACT) - Enforces labour laws, investigates complaints, and provides guidance on workplace rights and employer obligations. ACT website
  • Diário da República (DRE) - Official publication for all current laws and amendments related to employment and dismissal. DRE website
  • Portal do Governo - Central source for employment rules, forms, and steps to address hiring and firing matters in Portugal. Government portal

6. Next Steps

  1. Define your objective and gather documents - Collect your employment contract, payroll records, correspondence, and any dismissal notices. Plan what outcome you want to achieve (challenging a dismissal, negotiating severance, or appealing findings).
  2. Identify the right legal support - Look for a labour-law solicitor or attorney with experience in Torres Novas and the Santarém district. Confirm availability for an initial consultation.
  3. Check credentials and track record - Review Experience, recent cases, and client feedback. Ensure the lawyer understands both local practice and national labour law.
  4. Schedule an initial consultation - Prepare questions on grounds for dismissal, notice periods, and potential settlements. Bring all relevant documents to the meeting.
  5. Discuss strategy and costs - Ask about fees, retainer structures, and likely timelines. Get a written estimate and a plan for next steps.
  6. Develop a case plan with milestones - Outline evidence collection, potential settlement options, and court deadlines. Agree on a communication schedule with the lawyer.
  7. Proceed with formal steps - If needed, file complaints, respond to notices, or initiate negotiations. Track deadlines and keep records of all exchanges.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.