Resigning for Just Cause in Portugal: When an Employee Can Leave Immediately

Ordinary resignation and termination for just cause are not the same thing in Portugal.

With an ordinary resignation, the employee usually gives advance notice and does not need to prove misconduct by the employer.

With just-cause termination, the employee says the employer's conduct or another statutory circumstance is serious enough to justify ending the employment relationship immediately.

That route can avoid ordinary resignation notice and, in some cases, can create a right to indemnity.

It can also create risk if the legal grounds are not properly established.

Do not send a letter saying only "I resign for just cause".

The facts and procedure matter.

What can amount to just cause?

Article 394 of the Labour Code lists important examples.

Culpable employer conduct can include:

• culpable failure to pay salary on time;
• culpable violation of legal or contractual worker guarantees;
• harassment;
• abusive disciplinary sanction;
• culpable failure to provide required health and safety conditions;
• culpable harm to serious financial interests of the worker;
• unlawful offence to physical or moral integrity, freedom, honour or dignity.

The list is not a shortcut.

The seriousness of the facts is assessed using the legal just-cause test.

Harassment can support just-cause termination

Harassment is expressly included in the statutory grounds.

But not every unpleasant workplace relationship is legally harassment.

If harassment is the basis for leaving, preserve:

• messages;
• emails;
• witness details;
• complaints;
• HR responses;
• medical evidence where relevant;
• ACT communications where relevant.

The termination letter needs factual content, not only labels.

What about unpaid salary?

Salary non-payment is one of the best-known just-cause grounds.

Article 394 contains an important 60-day rule.

Non-payment lasting 60 days is treated as culpable, as is the employer's statutory written declaration that payment will remain unpaid until that point.

But the law does not say that every worker must wait 60 days before any just-cause termination can exist.

A shorter period can still be serious enough depending on the facts.

If salary is the problem, also review the separate unpaid-salary suspension procedure before deciding the best route.

What if the employer changes working conditions?

Article 394 also covers a substantial and lasting change in working conditions in the lawful exercise of employer powers.

This is important.

A worker can have a statutory termination route even where the employer's change is not itself culpable misconduct.

But the compensation consequences are not identical to the culpable-employer grounds.

Do not assume every just-cause termination produces the same indemnity.

Other statutory grounds

Article 394 also includes situations such as:

• legal obligation incompatible with continuing employment;
• non-culpable failure to pay salary on time;
• certain transfer-of-business circumstances.

The legal and financial consequences depend on the exact ground.

The 30-day communication rule

Article 395 requires the worker to communicate just-cause termination in writing.

The letter must briefly state the facts relied on.

The general rule is that the communication must be made within 30 days after the worker learns of the relevant facts.

There are special rules for certain grounds, including the 60-day salary non-payment situation.

This is a procedural deadline, not simply a recommendation.

Why the facts in the letter matter so much

If the employer later challenges the just-cause termination in court, the justification is tied to the facts stated in the employee's termination communication.

That means a vague letter can damage an otherwise serious case.

Do not write:

"Due to unacceptable working conditions I resign with just cause."

Instead, the letter should identify the relevant conduct, dates and facts sufficiently to support the legal basis.

Can the employer require notarised signature recognition?

Article 395 allows the employer to require presencial notarial recognition of the employee's signature on the termination declaration.

Where that happens, the Labour Code regulates the relationship between recognition date and termination date.

This is another reason to treat the notice as a formal legal document.

Indemnity for culpable employer conduct

Where the just-cause termination is based on culpable employer conduct within Article 394(2), Article 396 provides an indemnity framework.

The ordinary range is:

• 15 to 45 days of base salary plus seniority payments per complete year of service;
• proportional calculation for part of a year;
• minimum of three months of base salary plus seniority payments.

The court considers factors such as salary level and seriousness of the employer's conduct.

If proven damage is higher, a larger award can be possible.

Fixed-term contracts have a specific minimum linked to remuneration that would otherwise have fallen due.

Not every just-cause ground gives the same indemnity

This is a critical distinction.

The 15-to-45-day Article 396(1) framework applies to culpable employer conduct under Article 394(2).

Other just-cause grounds under Article 394(3) do not automatically carry that same indemnity.

For one specific business-transfer ground, the Code provides compensation under the Article 366 framework.

Always identify the subsection being used.

Can you revoke a just-cause termination?

Potentially.

Article 397 allows the worker to revoke the termination within seven days after it reaches the employer, where the signature was not subject to presencial notarial recognition and the statutory conditions are met.

The window is short.

Can the employer challenge the termination?

Yes.

The employer can ask a court to declare the worker's just-cause termination unlawful.

If just cause is not proved, the employer can have a damages claim.

Article 399 provides that the employer's damages are subject to a statutory minimum linked to the compensation that would apply for missing ordinary resignation notice.

So a weak just-cause letter is not risk-free.

Ordinary resignation may still be the better route

Not every employer breach should produce a just-cause termination.

Sometimes the facts are serious enough.

Sometimes they are not.

The employee may prefer:

• ordinary resignation;
• negotiation;
• formal complaint;
• suspension for unpaid salary;
• demand letter;
• continuing employment while challenging the employer action.

The decision should be based on the evidence and objective.

What about unemployment benefits?

Ordinary resignation and justified worker termination are not the same for unemployment-protection analysis.

Do not assume eligibility either way without checking the Social Security framework and the specific termination evidence.

If unemployment support matters, include it in the strategy before the termination letter is sent.

Immigration consequences for foreign workers

A worker on a Portuguese employment-linked immigration route should also review residence consequences.

Just-cause termination does not automatically cancel a residence permit.

But a pending visa, AIMA process or renewal can require a new employment strategy.

Coordinate both tracks.

A practical just-cause termination checklist

1. Identify the exact statutory ground

Do not start with the letter.

2. Build the evidence file

Preserve documents before workplace access ends.

3. Calculate the 30-day period

Check when you became aware of the facts.

4. Distinguish culpable and non-culpable grounds

Compensation differs.

5. Draft the factual termination communication

Include the facts that will need to support the case later.

6. Calculate employment credits separately

Salary, holiday, overtime and other credits remain separate issues.

7. Check unemployment and immigration consequences

Do this before the employment ends.

8. Preserve proof of delivery

The communication date matters.

Common mistakes

Sending an ordinary resignation first and asking for just-cause compensation later

These are different termination routes.

Writing only legal conclusions

The letter needs facts.

Waiting too long

Article 395 contains a 30-day general period.

Assuming 60 days of unpaid salary is always required

It is not a universal waiting period.

Assuming every just-cause ground gives 15 to 45 days per year

That framework is linked to culpable employer conduct under Article 394(2).

Ignoring the employer's right to challenge

A failed just-cause case can create employee liability.

Frequently asked questions

Can I leave immediately if I have just cause?

Yes, that is the purpose of the Article 394 resolution route, provided the statutory grounds and procedure are satisfied.

Do I have to give ordinary resignation notice?

Not where a valid just-cause termination is used.

How long do I have to send the letter?

The general Article 395 period is 30 days after knowledge of the relevant facts, subject to special rules for particular grounds.

Do I always receive compensation?

No. The compensation framework depends on which statutory ground applies.

Can harassment justify just-cause termination?

Yes, harassment is expressly recognised in Article 394, subject to evidence and the legal seriousness test.

What if the court says there was no just cause?

The employer can have a damages claim under Article 399.

Are you considering leaving a Portuguese employer for just cause?

Send us your employment contract, evidence of the employer's conduct, relevant dates and any complaints already made.

Our lawyers can assess whether just cause exists, calculate the procedural deadline, prepare the termination strategy and evaluate compensation and litigation risk.