Probation Period in Portugal: How Long It Lasts and How Termination Works

A probation period in Portugal is not simply an informal trial arranged by the employer.

It is a specific part of the employment relationship regulated by the Portuguese Labour Code.

During this initial period, both the employer and employee assess whether they want the employment relationship to continue. The rules affect:

• how long probation lasts;
• whether it exists at all;
• how previous work or internships can reduce it;
• whether notice is required to terminate;
• what happens if the employer ends the contract late;
• and when a probation termination can still be unlawful.

The first practical step is to identify the contract type, the role and the actual first day of work.

Can a contract have no probation period?

Yes.

The probation period can be excluded by written agreement.

Portuguese law also contains situations where previous employment, temporary work, services or professional internships can reduce or exclude the probation period.

There is another important point.

The employer has a statutory duty to provide the worker with information about the probation period. If that duty is not complied with in the required timeframe, the law can create a presumption that the parties agreed to exclude the probation period.

So do not assume that a clause saying "probation" automatically settles the question.

How long is the probation period for an indefinite contract?

For an ordinary indefinite employment contract, the standard period is generally 90 days.

Longer periods can apply to specific roles.

180 days

This can apply to workers whose positions involve:

• technical complexity;
• a high degree of responsibility;
• special qualifications;
• functions of trust;
• or certain first-job and long-term-unemployed situations defined by law.

240 days

This applies to workers in direction or senior-management positions.

The job title alone should not be the only thing you check. The actual legal category and functions matter.

How long is probation for a fixed-term contract?

For fixed-term employment:

• 30 days where the contract duration is at least six months;
• 15 days where the fixed term is shorter than six months.

For an uncertain-term contract whose expected duration does not exceed six months, the shorter 15-day period can apply.

Can previous work reduce the probation period?

Yes.

Portuguese law contains several rules under which previous work or professional experience can reduce or eliminate the probation period.

This can include, depending on the statutory conditions:

• an earlier fixed-term contract for the same activity;
• temporary work in the same position;
• a services contract covering the same object;
• a professional internship for the same activity;
• certain previous fixed-term employment with another employer;
• certain positively evaluated professional internships with another employer.

The exact result depends on the type and duration of the earlier relationship.

Do not treat previous work history as irrelevant.

When does probation start?

It starts when the worker actually begins performing the work.

It is an execution period, not simply a date written into the employment contract.

Certain employer-directed training can count toward the probation period within the statutory limits.

By contrast, days of absence, leave, exemption from work or suspension of the employment contract are not counted in the ordinary way.

This matters when the employer tries to terminate close to the end of probation.

A few days can determine whether the termination was still made during the probation period or whether ordinary dismissal rules should already apply.

Can the employer terminate without giving a reason?

As a general rule, during a valid probation period either party may terminate without invoking just cause and without a right to ordinary termination compensation, unless a written agreement provides otherwise.

That flexibility is one of the main legal characteristics of probation.

But it is not unlimited.

A termination can still be unlawful if it amounts to an abuse of rights or violates protected legal rules.

Probation is not a licence for discriminatory or abusive termination.

Does the employer need to give notice?

Sometimes.

If the probation period has lasted more than 60 days, employer termination requires seven days' advance notice.

If it has lasted more than 120 days, employer termination requires 30 days' advance notice.

If the employer fails to give all or part of the required notice, the worker is entitled to pay corresponding to the missing notice period.

The notice rule depends on how long probation has already lasted, not only on the maximum possible probation period stated in the contract.

Does the employee need to give notice during probation?

The ordinary rule is that either party may terminate during probation without advance notice, unless there is a written agreement providing otherwise.

That is different from resigning after probation has ended, where statutory notice periods normally apply.

Special protection situations

Portuguese law contains additional employer communication duties where probation termination affects certain protected workers.

Examples include:

• pregnant workers;
• workers who have recently given birth;
• breastfeeding workers;
• workers on parental leave;
• carers.

There are also specific notification rules for some workers within the first-job / long-term-unemployed category.

These duties do not mean termination is automatically prohibited in every such case.

They mean the employer must comply with additional legal safeguards.

What if the employer terminates after probation has already ended?

That can be a serious issue.

The special probation termination freedom applies only while a valid probation period is still running.

If probation has ended, the employer generally needs a lawful termination route under the ordinary Labour Code rules.

A communication described by the company as "probation termination" can therefore become an unlawful dismissal issue if it was sent too late.

Check:

• 1. the contract type;
• 2. maximum probation duration;
• 3. previous work that may reduce it;
• 4. days excluded from counting;
• 5. actual termination date;
• 6. actual date the communication was received.

What if the employer never told me how long probation was?

Do not assume the employer can rely on probation indefinitely.

The information duties introduced into Portuguese employment law are important.

Where the employer fails to communicate required probation information within the statutory timeframe, the law can presume that the parties agreed to exclude probation.

The document trail matters.

What should you receive when probation ends?

Termination during probation does not erase money already earned.

Depending on the case, final employment credits can still include:

• salary up to the final day;
• accrued holiday-related amounts;
• proportional Christmas subsidy;
• unpaid expenses;
• other earned contractual remuneration.

The absence of ordinary severance does not mean the employer owes nothing.

Probation and immigration status

For a foreign worker, losing a job during probation can also create an immigration question.

Do not assume that employment termination automatically cancels a residence permit.

But if the residence route or pending immigration application depends on the employment relationship, the change should be reviewed quickly.

Employment and immigration are separate legal tracks.

A practical checklist

1. Find the actual start date

Use the date work really began.

2. Identify the contract type

Indefinite and fixed-term contracts have different standard probation periods.

3. Check the job category

Some roles allow longer probation.

4. Review previous employment and internships

They can reduce or exclude the period.

5. Count interruptions correctly

Absences and suspension can affect the end date.

6. Check the termination date and notice

Seven-day or 30-day employer notice may apply.

7. Preserve the communication

Keep the termination message or letter and proof of receipt.

8. Calculate final employment credits

Probation termination does not remove accrued salary and other earned rights.

9. Review protected-status issues

Pregnancy, parental leave and other protected circumstances can add legal safeguards.

10. Check immigration consequences if relevant

Do not leave the residence question until later.

Common mistakes

Assuming probation is always 90 days

Not for every worker or contract.

Assuming the written maximum is always valid

Previous work can reduce or exclude probation.

Treating any employer termination during probation as automatically lawful

Abuse-of-right and protected-status rules still exist.

Ignoring notice after 60 or 120 days

Employer notice obligations increase as probation progresses.

Assuming no severance means no final payment

Earned salary and other employment credits still need to be calculated.

Frequently asked questions

Is probation mandatory in Portugal?

No. It can be excluded by written agreement and can also be reduced or excluded under statutory rules.

Can I be fired without a reason during probation?

The ordinary rule allows termination without invoking just cause, but abusive or otherwise unlawful termination remains challengeable.

Is probation always 90 days?

No. Depending on the role and contract, statutory periods can be 15, 30, 90, 180 or 240 days.

Does the employer have to give notice?

If probation has lasted more than 60 days, seven days' employer notice applies. After more than 120 days, the required notice is 30 days.

Can previous work reduce probation?

Yes, in several situations defined by Article 112.

What if the employer terminated me after probation expired?

The legal issue may move from probation termination to an ordinary dismissal analysis.

Has your employment been terminated during probation?

Send us your employment contract, start date, termination communication and information about previous work or internships.

Our lawyers can verify whether probation was still valid, whether notice was due, what final credits should be paid and whether the termination raises an unlawful dismissal or immigration issue.