Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Wrongful termination refers to a situation where an employee is dismissed from their job in a manner that violates Portuguese labor laws or the terms of their employment contract. In Viana do Castelo, as in the rest of Portugal, employees are protected by strict regulations that define acceptable reasons and processes for termination. Both employers and employees must adhere to these rules. Wrongful termination can arise from dismissals based on discrimination, retaliation, lack of fair procedures, or other prohibited grounds.
Individuals facing potential or actual termination in Viana do Castelo might need legal guidance for several reasons. Common situations include: - Sudden or unexplained dismissal without documented cause. - Termination connected to pregnancy, illness, or exercising legal rights. - Dismissal following complaints about workplace safety, harassment, or pay. - Unclear terms in the employment contract regarding dismissal procedures. - Refusal by an employer to provide severance, compensation, or legal notice. A lawyer can help clarify your rights, evaluate the lawfulness of the termination, guide you through negotiation or mediation, and represent you in court if necessary.
In Portugal, employment law is governed mainly by the Portuguese Labour Code (Código do Trabalho), which sets out detailed regulations for terminating employment contracts. Some key points specific to wrongful termination in Viana do Castelo include: - All dismissals must be justified, with clear and provable reasons such as serious misconduct, redundancy, or inability to perform essential duties. - Procedural requirements must be followed, including written notice and, for certain dismissals, consultations with employee representatives or unions. - Termination based on discriminatory reasons such as gender, race, age, religion, or union activity is strictly prohibited. - Wrongfully terminated employees are entitled to compensation, possible reinstatement, and damages. - Claims related to wrongful dismissal usually must be filed within 60 days of notification. Local labor courts, such as the Tribunal do Trabalho de Viana do Castelo, have jurisdiction over these disputes.
Wrongful termination occurs when an employee is dismissed in violation of the Labour Code or their employment contract, such as dismissal without proper cause, failure to follow correct procedures, or termination for discriminatory or retaliatory reasons.
Generally, employers are required to provide notice before termination unless the case involves serious misconduct (justa causa), which allows for immediate dismissal. The specifics depend on the employment contract and the grounds for dismissal.
The employer must present a valid reason, provide written notice, and follow procedural steps, including consulting relevant parties and allowing for employee defense. If these steps are not followed, the dismissal may be deemed wrongful.
You may be entitled to reinstatement in your job, back pay, severance, and additional compensation for damages suffered as a result of the unlawful dismissal.
You generally have 60 days from the date of notification to challenge the dismissal in court. Seeking legal advice promptly is recommended.
No. Portuguese law prohibits dismissal in retaliation for reporting workplace abuses, health and safety concerns, discrimination, or other legal violations.
Employees on fixed-term contracts also have protections. Terminating before the contract’s end without justified cause can be considered wrongful, entitling the employee to compensation.
If an amicable agreement is not reached, wrongful termination cases may proceed before the Tribunal do Trabalho. Legal representation can be highly beneficial throughout the process.
Collect your employment contract, any communication about your dismissal, payslips, evidence of discrimination or retaliation, and any correspondence with your employer regarding the situation.
You may contact the local Bar Association, trade unions, or labor advocacy groups in Viana do Castelo. These organizations can often provide initial consultations or direct you to affordable legal services.
There are several resources available to those seeking help with wrongful termination in Viana do Castelo:
If you believe you have been wrongfully terminated in Viana do Castelo:
