Who is Truly Entitled to 25 Days of Vacation in Portugal? The Worker’s Guide
Posted at 09/02/2026
In Portugal, the Labor Code establishes a minimum of 22 working days of annual leave as the general rule. Access to 25 days often depends on Collective Bargaining Agreements or specific attendance-based clauses. Historical differences remain between the public and private sectors in how leave is calculated and additional days are granted. In 2026, new workplace well-being policies increasingly position extended vacation time as an important talent retention tool.
The Legal Labyrinth of Rest Days
Managing expectations regarding annual rest periods is a pillar of organizational health and labor law in Portugal. Many workers still search for the "magic formula" that transforms the standard 22 days into the coveted 25 days of vacation, often without realizing that this difference lies in the details of collective agreements and attendance records.
Contrary to common belief, increasing the vacation period is not an arbitrary gift from the employer, but rather the result of a legal architecture that balances the right to rest with contractual commitment. In the 2026 context, with a labor market increasingly focused on flexibility, understanding these nuances is vital for both employers and employees.
The Labor Code: The Foundation of Everything
To understand who can enjoy 25 days, we must first look at the foundation. According to Article 238 of the Portuguese Labor Code (Código do Trabalho), the annual vacation period has a minimum duration of 22 working days. This right is earned on January 1st of each calendar year and generally refers to the work performed in the previous year.
The concept of "working day" (dia útil) is fundamental here: for vacation purposes, Saturdays, Sundays, and public holidays are not counted. If the vacation period coincides with the worker's weekly rest days, these do not "spend" the accumulated vacation balance. It is upon this base that bonuses are built.
The Former Attendance Bonus and the Current Scenario
There was a period in Portuguese legislation where the general law directly provided for an increase in the vacation period (up to 25 days) based on attendance. Although this automatic rule was repealed from the general law for most of the private sector, it survives in other forms.
Currently, achieving 25 days of vacation mainly happens through two channels:
Collective Bargaining Agreements (CBA/CCT): Collective contracts that stipulate more favorable conditions than the general law.
Individual Employment Contract: Where the company and the worker agree, by mutual interest, on extra days as a non-salary benefit.
Who Are the Beneficiaries of the 25 Days?
Identifying who is entitled to this extended period requires an analysis that goes beyond the individual contract, diving into the specificities of the sector and the worker's union history. It is not just "free time," but a right earned through collective negotiation.
In the current landscape, sectors such as banking, insurance, and certain heavy industries maintain traditions of vacation periods exceeding the legal minimum, using them as a tool to attract professionals in a highly competitive market.
Attendance: The Key to Supplemental Days
As we have seen, the entitlement to 25 days is not automatic for everyone, but rather a reward for consistency. In the current legal context of 2026, attendance is the deciding factor. Many Collective Bargaining Agreements (CBA) stipulate that the right to 3 extra days (totaling 25) is earned when the worker does not exceed a certain limit of absences in the previous calendar year.
It is crucial to distinguish that not all absences penalize this right. Generally, justified absences for bereavement, marriage, or the fulfillment of legal obligations are not counted negatively for this purpose. However, the interpretation of these clauses is often where conflicts arise between HR and employees. In 2026, with the full digitalization of attendance tracking, transparency in this data has become an ethical and legal requirement.
Calculating Vacation Accrual
The right to vacation is earned on January 1st, but its enjoyment relates to the work performed in the previous year. If an employee intends to take 25 days in 2026, their attendance record from 2025 will be the document scrutinized.
For companies, this requires high accounting rigor. It is not just about subtracting days, but verifying if the employment contract or the sectoral agreement allows this extension. If the worker has had unjustified absences, the right to the bonus is immediately lost, reverting to the 22 working days guaranteed by the Labor Code.
Exceptions and Special Cases: When the Rules Shift
Not all contracts follow the straight line of 22 or 25 days. There are specific situations where the right to vacation is calculated proportionally, especially in the year of hiring or contract termination.
Year of Hiring: The 2-Days-Per-Month Rule
In the year a worker joins a company, the regime is different. The employee is entitled to 2 working days of vacation for each month of the contract's duration, up to a maximum of 20 days. Use of these days can only take place after six full months of work.
Practical Example: If a worker is hired on March 1st, by the end of the year they will have accumulated 20 days of vacation (2 days x 10 months). However, the transition to the potential 25 days can only occur in the following calendar year, after evaluating the attendance of the period worked.
Short-Term Contracts
For contracts lasting less than six months, the rule remains proportional: 2 working days for each full month of work. Often, in these cases, the vacation is not actually taken but is paid as financial compensation at the time of settlement, including the respective proportional vacation allowance.
The Impact of Collective Agreements (CBA) in the Private Sector
The role of unions and employers' associations is decisive for those seeking 25 days. In the services, banking, and insurance sectors, clauses protecting this extended rest period are almost standard.
Why do companies accept 25 days?
In 2026, talent retention in Portugal faces demographic challenges and international competition. Offering 25 days of vacation—regardless of a strict legal requirement—has become a powerful Employer Branding tool.
Well-being: Workers with more rest time show lower rates of burnout.
Attractiveness: In a job offer, "25 days of vacation" is a tangible benefit that often outweighs a small gross salary increase.
Flexibility: Modern companies use the 3 extra days as a bargaining chip for result-oriented work regimes.
Case Study: The Impact of Vacation Management on Talent Retention
To illustrate the practical application of the 25-day rule, let’s consider the case of "TecnoTejo," a tech services company in Lisbon. In 2025, the company operated with the legal minimum of 22 days. The result? A 15% increase in burnout-related sick leave in the final quarter and a high turnover rate among senior developers.
Moving into 2026, the management implemented a "Vacation Bonus Policy." Inspired by HR best practices, the company established that all employees with no more than two unjustified absences in the previous year would automatically be entitled to 25 days of vacation.
The results after 12 months:
Reduced Absenteeism: Unjustified absences dropped by 40%, as the "reward" of 3 extra days served as a tangible incentive for attendance.
Improved Organizational Climate: Employee value perception rose by 22% in internal surveys.
Productivity: Countering management's fear of "losing workdays," hourly productivity actually increased, as teams returned from their breaks more rejuvenated.
This example proves that 25 days are not a "cost" but an investment in human capital that pays off through efficiency and loyalty.
European Comparison: Portugal in the 2026 Context
There is often a perception that Portugal is generous with vacation rights, but the European reality is diverse. While the European Directive 2003/88/EC sets a minimum of 4 weeks (20 days), many countries adopt higher standards through contractual agreements.
| Country | Minimum Working Days (Law) | Common Practice / Bonuses |
| Portugal | 22 days | 25 days (via CBA or attendance) |
| France | 25 days | Can reach 30+ with "RTT" days |
| Spain | 22 days | Generally fixed at 30 calendar days |
| Germany | 20 days | Most contracts offer 28 to 30 days |
Portugal positions itself in an interesting middle ground. The flexibility to move from 22 to 25 days allows Portuguese companies to use this as a competitive edge in a market where nominal salaries still struggle to compete with Central Europe.
FAQ: Frequently Asked Questions about the 25 Days
To clarify common doubts received by HR departments, we have compiled the most critical questions:
1. Can I carry over vacation days to the next year?
Vacation must be taken in the calendar year they are earned. However, by agreement between employer and worker, or when the worker intends to spend vacation with family members residing abroad, they may be taken until April 30th of the following year.
2. Does the vacation allowance correspond to 22 or 25 days?
The vacation allowance must correspond to the period of vacation actually taken. If the worker is entitled to 25 days via contract or CBA, the allowance must reflect this duration, ensuring the employee receives the same remuneration as if they were on active duty.
3. What happens if I get sick during my vacation?
If a worker falls ill during vacation, the vacation period is suspended, provided the illness is duly communicated and proven to the employer. Upon recovery, the worker resumes the remaining days, or they are rescheduled.
Strategic Conclusion
The right to 25 days of vacation in Portugal is a symbol of mature labor relations. Whether through the Labor Code (in specific situations), Collective Agreements (CBA), or individual negotiation, this extended rest period reflects a deep understanding that worker performance is not linear to physical presence.
For workers, the advice is to annually review their CBA and keep a rigorous record of their attendance. For companies, the challenge is to transform 25 days into a motivation engine. In 2026, rest is not a privilege; it is a strategic necessity for any organization aiming to be competitive and humane.
