Probation Period in Portugal: Duration, Rights and What Happens When It Ends Early

What the probation period actually means for you

The probation period is not a grey zone where employers hold all the cards. It is a legally regulated phase of the employment contract - and most workers and employers alike underestimate its implications until something goes wrong.

Under Article 111 of the Portuguese Labour Code (Código do Trabalho, CT), it corresponds to the initial phase of contract execution during which both parties assess whether the working relationship is worth continuing. The employer evaluates competence. The worker assesses whether the role matches what was promised. Either side can walk away with fewer formalities than in a consolidated contract.

What many workers do not know: the probation period can be excluded entirely by written agreement. And if the employer fails to communicate its existence and duration in writing within the first 7 days, Portuguese law presumes it does not exist (Article 111(4) CT). After 15 years in HR consulting, we have seen companies lose employment tribunal cases over this single procedural oversight.

Duration by contract type: the reference table

Duration depends on two factors: contract type and level of responsibility. The table below summarises the rules in force in 2026, under Articles 112 CT and 45–51 of the LTFP (Public Employment Law).

Note on pending reform: The "Trabalho XXI" bill, presented by the Government in July 2025, proposes eliminating the 180-day probation for first job seekers and long-term unemployed workers. As of April 2026, this change has not been approved by Parliament. The rules above remain in force.

How the countdown works: calendar days, not working days

The probation period is counted in calendar days - weekends and public holidays are included. It begins on the first day of actual work.

What does not count: absence days (even if justified), leave periods, exemptions and contract suspensions. If a worker is on sick leave for 15 days, the probation clock stops and resumes when they return.

Employer-mandated training counts, but only up to half the total probation duration. In practice: if the probation is 90 days and the employer assigns 60 days of training, only 45 of those training days are included in the probation count - the remaining 15 do not count, which means the probation extends on the calendar until the full 90 effective days are completed.

Termination during probation: Ana's case and Rodrigo's case

Ana, 28, a junior accountant, signed a permanent contract with an audit firm in Lisbon. On day 45, her employer informs her the contract will not continue. The employer can do this without prior notice (the probation has lasted fewer than 60 days) and without citing just cause. Ana has no right to compensation, but she receives salary, holidays and allowances proportional to the 45 days worked. Based on the 2026 minimum wage (€920), the calculation is:

• Proportional salary: €920 ÷ 30 × 45 = €1,380

• Proportional holiday days: 2 working days per month × 1.5 months = 3 days

• Proportional holiday allowance: €920 ÷ 12 × 1.5 = €115

• Proportional Christmas allowance: €920 ÷ 12 × 1.5 = €115

Ana may also apply for unemployment benefit, provided she meets the qualifying period (360 days of contributions in the previous 24 months) and the termination was initiated by the employer. Understanding your rights as a worker in Portugal is the first step in protecting yourself.

Rodrigo, 34, a financial controller, is on day 95 of his 180-day probation period. He decides to leave for another opportunity. He must give 7 days' notice (the probation has exceeded 60 days). If he fails to do so, the company may demand compensation equivalent to the salary for those missing days.

What many companies overlook: if the employer wants to terminate after 120 days of probation, the notice period rises to 30 days. Failure to comply means paying the worker's salary for those 30 days.

Special protections employers cannot afford to ignore

The Decent Work Agenda (Lei n.º 13/2023) introduced reporting obligations that make probation-period termination less straightforward than it appears.

When an employer terminates during probation, prior notification to specific authorities is mandatory - and non-compliance constitutes a serious offence, with fines ranging from €612 to €9,690:

Notification to CITE (Commission for Equality in Labour and Employment), within 5 working days, in cases involving: pregnant, postpartum or breastfeeding workers; workers on parental leave; workers with carer responsibilities.

Notification to ACT (Authority for Working Conditions), within 15 days, in cases involving: first job seekers; long-term unemployed workers.

For companies hiring through temporary contracts, the probation rules are distinct - shorter durations, different notification requirements.

When the probation period can be shortened or removed

The probation period is not fixed and immutable. The law provides several grounds for reduction or exclusion (Article 112(4)–(6) CT):

If the worker previously held a fixed-term contract in the same activity, with the same employer, lasting at least as long as the standard probation - the period can be eliminated entirely. If shorter, it is reduced proportionally.

Since 2023, this rule was expanded: first job seekers and long-term unemployed workers benefit from reduction if they held a fixed-term contract of 90 days or more, even with a different employer. The same logic applies to professional internships with a positive evaluation in the same activity within the previous 12 months.

Finally, the duration can always be reduced through collective bargaining instruments or written agreement between the parties. In practice, negotiation happens more often than people think - particularly when the candidate holds a competitive profile. Understanding what happens after 6 months of employment is equally important for planning your career trajectory.

Frequently asked questions

Is the probation period paid? 

Yes, from day one. The worker is entitled to the full salary agreed in the contract, including social security contributions.

Am I entitled to holidays during probation? 

Holiday entitlements and allowances accrue proportionally to time worked. If the contract becomes permanent, probation time counts towards the total calculation.

Do holiday days count towards the probation period? 

In the private sector, absence days (including justified ones) do not count. In the public sector, holiday days taken are counted (Article 50 LTFP).

Can I refuse a probation period? 

Yes, provided there is a written agreement between worker and employer to exclude it.

If dismissed during probation, am I entitled to unemployment benefit? 

Only if termination was initiated by the employer and you meet the general eligibility conditions (namely 360 days of contributions in the previous 24 months). Voluntary resignation does not qualify.

Resources and official documents

• Código do Trabalho - Consolidated legislation (Diário da República)
• ACT - Authority for Working Conditions
• Segurança Social - Employer portal

Sources:

• Portuguese Labour Code (Lei n.º 7/2009, as amended by Lei n.º 13/2023 - Decent Work Agenda), Articles 111–114
• General Law on Public Employment (LTFP), Lei n.º 35/2014, Articles 45–51
• "Trabalho XXI" bill (July 2025) - proposal under parliamentary discussion, not yet approved at date of publication
• DGAEP - Probation period in public employment (dgaep.gov.pt)
• INE - National minimum wage 2026: €920