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Wrongful termination in Portugal, known legally as unlawful or illicit dismissal, occurs when an employer ends an employment relationship without a lawful reason or without following the mandatory procedure set out in the Portuguese Labour Code. Gondomar is governed by national labour legislation, and disputes are handled by the labour courts that serve the Porto district. Although there are no special municipal rules unique to Gondomar, local practice, court schedules, and regional authorities can influence how quickly a case moves and how it is handled in practice.
Portuguese law recognises a limited set of lawful grounds for employer-initiated termination, including disciplinary just cause, redundancy and business restructuring, job extinction, unsuitability for the role, and expiry of a fixed-term contract. Each ground has strict procedural and evidentiary requirements. When those requirements are not met, the dismissal can be challenged and declared unlawful, which can lead to reinstatement or compensation, back pay, and other remedies for the employee.
You may need a lawyer if you have been dismissed or threatened with dismissal and you suspect the reason is not lawful, or if the employer did not follow the correct procedure. Common red flags include not receiving clear written reasons for dismissal, being pressured to sign a resignation or mutual termination agreement, being dismissed shortly after announcing a pregnancy or parental leave, being dismissed after reporting harassment or discrimination, or being selected for redundancy without transparent and objective criteria.
A lawyer can assess the legality of the employer’s chosen ground, verify whether the correct steps and deadlines were followed, calculate potential compensation, and protect your rights in communications with the employer, inspections by the labour authority, and in court. Because several deadlines are short, early legal advice can be critical to preserve your claims.
Lawful grounds and procedures. Employers may dismiss for disciplinary just cause when serious misconduct makes continued employment immediately impossible, but they must run a formal disciplinary procedure. This includes a written charge sheet, a chance for the employee to respond, and a reasoned written decision. Economic and organisational grounds such as collective dismissal, job extinction, or unsuitability require objective justification, consultation steps, and prior written notices. Expiry of a fixed-term contract requires timely written notice and a valid reason for the fixed term itself. Any deviation from these procedures can render the dismissal unlawful.
Protected situations. Dismissal connected to pregnancy, recent childbirth, parental leave, whistleblowing, lawful exercise of rights, or discrimination is generally prohibited or presumed unlawful. In some cases the employer must obtain a prior opinion from the labour inspectorate before proceeding. The burden on the employer to justify dismissal is high, and in discrimination and harassment contexts the burden of proof can shift after the employee shows indications of unlawful conduct.
Reinstatement and compensation. If a dismissal is found unlawful, the employee typically chooses between returning to the job with full seniority or receiving compensation in lieu of reinstatement. Compensation for unlawful dismissal is usually calculated between 15 and 45 days of base pay and regular allowances per year of service, with a minimum amount set by law. The court can also award back pay from the date of dismissal until the decision, subject to deductions for income earned elsewhere and unemployment benefits. The employer may have to reimburse social security for benefits paid during this period.
Severance in lawful economic terminations. When termination is lawful for redundancy, job extinction, or unsuitability, compensation is due, but formulas depend on the contract type and when service accrued. Reforms in recent years changed the calculations. Because exact amounts depend on dates, salary components, and caps, it is prudent to have a lawyer compute the figures for your case.
Notice periods. Notice obligations vary with the ground and seniority. Economic terminations and fixed-term expiries require advance written notice. Even terminations during a probation period are regulated and may require notice once the trial period exceeds certain lengths. Not receiving proper notice is a common procedural flaw that can support a claim.
Deadlines to act. Challenging a dismissal is urgent. The employee generally has a short deadline to file the special court action that contests the regularity and lawfulness of the dismissal. In many cases the limit is 60 days from receiving the written dismissal decision. Claims for employment credits can also expire quickly after termination, with several items subject to a one-year limit. Because deadlines are strict and can vary by situation, obtain legal advice immediately.
Where cases are heard. Labour disputes for Gondomar are handled by the competent labour court serving the Porto district. Administrative complaints about workplace violations, including dismissal issues, can be filed with the labour inspectorate. Unionised workers may also involve their union at any stage.
Documentation and proof. Keep all documents related to your employment and termination, including contracts, amendments, payslips, time records, emails, messages, disciplinary notices, medical or parental leave documents, and the employer’s written dismissal decision. Portuguese courts rely heavily on written evidence, and preserving it is crucial.
Wrongful termination occurs when an employer ends your contract without a legally valid reason or fails to follow mandatory procedures. Examples include dismissals with vague or shifting reasons, skipping the disciplinary process, not giving required notices for redundancies or fixed-term expiries, or dismissals tainted by discrimination, harassment, or retaliation for exercising legal rights.
No. You are never required to sign on the spot. Ask for time to seek legal advice. Signing a resignation or mutual termination can affect your right to compensation and unemployment benefits. If you sign under pressure, tell a lawyer immediately, as there may be ways to challenge it depending on the circumstances.
Act immediately. The deadline to file a court action challenging dismissal is short, often 60 days from receiving the written dismissal decision. Other related claims can also expire within one year after termination. Missing a deadline can end your case regardless of its merits.
You can usually choose reinstatement or compensation. You may also be entitled to back pay from the dismissal date to the court decision, with certain deductions, and the employer may have to reimburse unemployment benefits paid to you. A court can also award interest and confirm your seniority rights.
Dismissals connected to pregnancy or parental leave are heavily restricted and presumed unlawful. Employers must meet strict requirements and in some cases obtain a prior opinion from the labour inspectorate. If you are dismissed in these circumstances, seek legal help immediately.
Illness or disability does not exempt the employer from legal obligations. Dismissal because of illness or disability is discriminatory. Employers must consider reasonable adjustments and follow proper procedures. If you suspect discrimination, raise it with a lawyer and consider reporting to the labour inspectorate.
Yes, if the fixed term did not have a valid objective reason, if the employer missed the notice deadline, or if the non-renewal masks a dismissal for unlawful reasons. Courts can recharacterise the contract as open-ended and award remedies if the legal requirements for fixed terms were not met.
Request the dismissal decision in writing if you have not received it. Do not sign documents you do not fully understand. Collect and save all evidence and correspondence. Make a detailed timeline of events. Consult a labour lawyer without delay so you do not miss deadlines. If appropriate, file a complaint with the labour inspectorate.
The labour inspectorate can investigate, order corrective measures, and fine employers for violations. However, it does not award compensation for unlawful dismissal. To obtain reinstatement or damages, you must bring a court case. An inspectorate report can still be valuable evidence.
For unlawful dismissal, courts use ranges tied to your base pay and regular allowances and your years of service. For lawful economic terminations, severance is calculated using legal formulas that depend on contract type, seniority, and time periods worked. Because the rules changed over time and caps can apply, have a lawyer calculate your specific entitlement.
Autoridade para as Condições do Trabalho - ACT. The national labour inspectorate handles complaints about workplace violations, including dismissals, unpaid wages, and safety. In the Porto area there are local units that cover Gondomar. You can file complaints, request inspections, and ask about procedures.
Tribunal do Trabalho serving the Porto district. Labour courts adjudicate dismissal challenges and employment claims for workers in Gondomar. A lawyer can tell you which specific court has territorial competence for your case.
Ordem dos Advogados - Conselho Regional do Porto. The Bar Association can help you find qualified labour lawyers in the Porto region, including those experienced with wrongful termination cases.
Instituto da Segurança Social - Apoio Judiciário. Portugal offers legal aid based on income and situation. You can apply for legal aid to obtain a lawyer at reduced or no cost and to be exempt from court fees if you qualify.
IEFP and Segurança Social. If you lose your job, these bodies manage unemployment registration and benefits. They can advise on eligibility, especially when termination is by mutual agreement or due to redundancy.
Comissão para a Igualdade no Trabalho e no Emprego - CITE. This commission deals with discrimination, parental rights, and equality matters and issues opinions in specific protected dismissal situations.
Trade unions and works councils. Union representatives can provide support, review disciplinary proceedings, and participate in consultations during collective dismissals. Even non-union workers can sometimes seek guidance from sector unions.
Provedoria de Justiça. The Ombudsperson can receive complaints about maladministration and systemic issues that affect labour rights and public bodies.
Write a concise timeline of events leading to your termination, including dates of warnings, evaluations, complaints you made, and the termination meeting. Gather all documents you have at home or can lawfully obtain, including contract, amendments, staff handbook, emails, messages, payslips, attendance records, medical or parental leave documents, and the written dismissal letter.
Do not sign any resignation, mutual termination, or settlement agreement without legal advice. If asked to sign for receipt of documents, you can note that you received the document but do not agree with its content. Keep copies of everything you sign or return, and obtain a receipt for any company property you hand back.
Contact a labour lawyer in the Porto district quickly so you do not miss the short deadline to challenge dismissal. Ask for an initial assessment of the legality of the dismissal, potential remedies, likely compensation ranges, and litigation strategy. If cost is a concern, apply for legal aid as soon as possible.
Consider filing a complaint with the labour inspectorate if there were breaches of procedure or if you suspect discrimination, harassment, or retaliation. An inspection can pressure the employer to comply with the law and can generate useful evidence.
If you are unemployed, register with IEFP and ask Segurança Social about benefits. Your eligibility can depend on the form of termination, so bring your termination documents and explain the circumstances accurately.
Act early, preserve your evidence, and seek qualified advice. Portuguese law offers strong protections against wrongful termination, but you must move within strict deadlines to use them effectively.
