Disciplinary Process in Portugal: What Employees Should Do After a Nota de Culpa

A disciplinary procedure at work in Portugal should not be treated as an informal HR discussion.

If your employer alleges misconduct, the procedure can lead to sanctions and, in serious cases, dismissal.

The most important first step is to identify what stage you are at.

A general disciplinary process, a warning, an investigation and a dismissal procedure for worker misconduct are not all the same thing.

If the employer intends to dismiss you for alleged misconduct, Portuguese law imposes a formal process that includes a written intention to dismiss, a detailed nota de culpa and a short period for your response.

What is a nota de culpa?

In a dismissal procedure based on conduct attributed to the worker, the employer must communicate in writing the intention to proceed with dismissal and provide a nota de culpa.

The nota de culpa sets out the facts alleged against the worker.

It should not consist only of vague statements such as:

• "poor attitude";
• "lack of loyalty";
• "serious misconduct";
• "failure to perform duties".

Portuguese case law emphasises that the allegations must be sufficiently concrete and detailed for the worker to understand the accusation and prepare a defence.

Not every disciplinary process requires a dismissal nota de culpa

This distinction is important.

The Labour Code gives employers disciplinary power and allows different sanctions.

A nota de culpa under Article 353 is part of the formal route where dismissal for worker misconduct is intended.

Do not assume every internal warning or minor sanction process is already a dismissal procedure.

At the same time, any disciplinary sanction requires respect for the worker's right to be heard.

Check the dates immediately

Portuguese labour law contains several disciplinary time limits.

Article 329 provides, in general, that:

• the right to exercise disciplinary power expires one year after the infraction, unless a criminal limitation period applies because the act is also a crime;
• the disciplinary procedure must begin within 60 days after the employer or competent hierarchical superior learns of the infraction;
• once initiated, the disciplinary procedure expires after one year if the worker has not been notified of the final decision.

These are different periods.

A case can involve more than one timing issue at once.

You normally have 10 working days to respond to a nota de culpa

Article 355 gives the worker 10 working days to:

• consult the disciplinary file;
• respond in writing;
• present facts considered relevant;
• submit documents;
• request appropriate evidence.

Ten working days is short.

Do not spend most of that period negotiating informally with HR and leave the written defence until the final day.

Read the allegations as a list of facts

For every allegation, ask:

• What exactly do they say I did?
• On what date?
• Where?
• Who was present?
• What rule or duty is said to have been breached?
• What document supports the allegation?
• Is the allegation factually correct?
• Is important context missing?
• Is there evidence that contradicts it?

A response should engage with the actual facts.

A general statement that "everything is false" is rarely the strongest defence.

Ask to inspect the file

The statutory response period includes the right to consult the process.

The file can reveal:

• witness statements;
• emails;
• internal reports;
• documents relied on by the employer;
• dates showing when management learned about the alleged conduct.

That information may be relevant not only to the merits but also to procedural deadlines.

Submit documents and request evidence

The worker can attach evidence and request relevant evidentiary steps.

Depending on the case, that can include:

• emails;
• messages;
• attendance or access records;
• policies;
• performance records;
• witnesses;
• other documents.

Under Article 356, the employer or appointed instructor should carry out requested evidence unless it is manifestly dilatory or irrelevant, in which case the refusal should be reasoned in writing.

The Labour Code also limits the number of witnesses that the employer is required to hear: no more than three per alleged fact and no more than ten overall.

The worker is responsible for ensuring their witnesses attend.

Can the employer suspend you during the process?

Yes, in certain circumstances.

After disciplinary proceedings begin, Article 329 permits preventive suspension where the worker's presence is considered inconvenient, while salary continues.

In a dismissal procedure, Article 354 contains specific rules on preventive suspension around notification of the nota de culpa.

Preventive suspension is not itself a finding of guilt.

It also should not be confused with an unpaid disciplinary suspension imposed as a final sanction.

The sanction must be proportionate

Article 330 requires a disciplinary sanction to be proportionate to:

• seriousness of the infraction;
• culpability of the worker.

The employer cannot impose more than one disciplinary sanction for the same infraction.

Dismissal is the most serious employment sanction.

An employer therefore cannot lawfully move from any breach, however small, directly to dismissal without the legal requirements for just cause and proportionality being satisfied.

What can count as just cause for dismissal?

Portuguese law defines just cause around culpable worker conduct of sufficient seriousness and consequences to make continuation of the employment relationship immediately and practically impossible.

The Labour Code lists examples, but the assessment is contextual.

Examples in the statutory framework include serious forms of:

• unlawful disobedience;
• violation of rights and guarantees of other workers;
• repeated conflict;
• repeated lack of diligence;
• serious damage to employer property interests;
• false statements concerning absence justification;
• certain patterns of unjustified absence;
• safety breaches;
• violence or serious offences in the workplace.

The presence of a listed type of conduct does not remove the need to assess seriousness, culpability and circumstances.

The employer cannot rewrite the case at the end

The final dismissal decision is constrained by the disciplinary case.

Article 357 provides that the decision cannot rely on facts that were not contained in the nota de culpa or the worker's response, except where additional facts reduce the worker's responsibility.

This is another reason to read the final decision against the original allegations.

If the employer dismisses you for a materially different case from the one you were allowed to defend, that can be legally significant.

Final decision timing

After the relevant evidence and representative-opinion stages, the Labour Code imposes a 30-day period for the employer to issue the dismissal decision, subject to the statutory counting rule.

The decision must be:

• written;
• reasoned;
• communicated through the legally required process.

Do not assume silence for a period automatically means the procedure has disappeared. The correct calculation depends on what procedural stage was completed and when.

If the disciplinary process follows a complaint you made

Check for possible retaliation.

Portuguese law contains rules against abusive disciplinary sanctions where a worker is being punished for exercising legal rights.

This can be particularly relevant after:

• harassment complaint;
• discrimination complaint;
• legitimate complaint about working conditions;
• exercise of employee guarantees.

A retaliation argument does not mean you can ignore the disciplinary accusation.

The correct approach is to defend the disciplinary process and separately document the facts supporting the retaliation issue.

What if the final sanction is dismissal?

If dismissal is imposed, the worker should immediately check the judicial challenge deadline.

Our separate guide on dismissal in Portugal explains the ordinary 60-day judicial challenge period and the distinct five-working-day urgent preventive suspension mechanism.

Do not wait for an internal appeal if that risks losing a court deadline.

A practical response plan

1. Record when you received the documents

Keep the envelope, email or delivery evidence.

2. Calculate the response deadline

For a nota de culpa in a dismissal process, the statutory response period is normally 10 working days.

3. Obtain the file

Do not defend yourself without reviewing the evidence where possible.

4. Build a fact-by-fact response

Answer concrete allegations with concrete facts.

5. Submit relevant documents

Organise them clearly.

6. Identify witnesses

Request only evidence that genuinely helps the defence.

7. Check the disciplinary time limits

When did the alleged event happen and when did the employer learn of it?

8. Preserve evidence of earlier disputes or complaints

This can matter if retaliation is an issue.

9. Review the final decision immediately

Compare it with the original nota de culpa.

Common mistakes

Ignoring the nota de culpa because you think the accusation is absurd

The procedure can continue without a strong response from you.

Sending an emotional email instead of a structured defence

Treat the document as a legal procedural step.

Missing the 10-working-day period

Do not assume HR will extend a statutory deadline.

Failing to inspect the file

You may be responding without knowing the evidence relied on.

Requesting dozens of irrelevant witnesses

Focus on material evidence.

Assuming suspension means you have already been dismissed

Preventive suspension and final dismissal are different legal acts.

Waiting after the final dismissal decision

Court deadlines can be short.

Frequently asked questions

How long do I have to answer a nota de culpa?

In a dismissal procedure under Article 355, the worker has 10 working days to consult the file and submit a written response.

Can I submit documents and witnesses?

Yes. The worker can submit documents and request relevant evidentiary steps. Statutory limits apply to the number of witnesses the employer must hear.

Can my employer suspend me during the procedure?

Preventive suspension can be possible while salary is maintained, subject to the Labour Code conditions.

Does every disciplinary procedure mean I will be dismissed?

No. Employers have several disciplinary sanctions. The formal nota de culpa procedure described here is particularly important where dismissal for worker misconduct is intended.

Can the final decision include new accusations?

The dismissal decision cannot generally rely on facts outside the nota de culpa or worker response, except facts that mitigate responsibility.

What if I complained about harassment before the disciplinary process started?

The timing may raise an abusive-sanction or retaliation issue, but the disciplinary allegations still need a complete defence.

Have you received a nota de culpa or disciplinary notice in Portugal?

Send us the notice, employment contract, disciplinary file if available and the date you received the documents.

Our lawyers can review the procedure, identify deadline and evidence issues, prepare or review your response and advise on the risk of dismissal and next steps.