According to article 111 of the Portuguese Labor Code, the trial period corresponds to the initial time of execution of the employment contract, during which the parties assess the interest of its continuation.

How does the trial period of an employment contract work in Portugal?

Thus, during this period, the parties (employers and employees) assess whether or not they are interested in continuing the employment relationship. In other words, this is the time for the parties to get to know each other and decide whether or not it makes sense to continue the contract.

For example, an employee may not like their work environment or may not agree with the rules or conditions imposed by the employer. Or, from the employer’s perspective, they may believe that the employee isn’t performing the job properly because they lack the skills the employer thought they had.

The probationary period may be shortened or even eliminated by written agreement between the parties. This means, however, that it cannot be extended or prolonged. It may also be shortened by a collective bargaining agreement.

As for its term, if the contract is entered into for an indefinite period (with no expiration date), its term will be as follows:

• 90 days for most workers; ;
• 180 days for workers in technically complex jobs, positions with a high level of responsibility or requiring specific qualifications, positions of trust, or those seeking their first job who are long-term unemployed; ;
• 240 days for workers in managerial and higher-level positions.

However, if it is entered into for a fixed term, it will have the following duration:

• 30 days for a contract of six months or longer; ;
• 15 days in the case of a fixed-term contract of less than six months or a fixed-term contract with an expected duration that does not exceed that limit.

In the case of service contracts, the existence of a probationary period depends on an express provision in the contract and may not exceed 180 days.

The calculation of this period begins when the employee starts performing their work, including time spent in training as determined by the employer, provided that such time does not exceed half the duration of this period.

However, in the above calculation, days of absence (even if excused), vacation days, termination, or suspension of the employment contract are not included. Finally, if the employer or the employee decides during this period that it is not advisable to continue the employment contract, they may terminate it without notice or a valid reason, and without entitlement to any indemnity or compensation.

Exceptions to this rule apply in cases where the period lasted more than 60 days, in which case the employer must provide seven days’ notice before terminating the contract. This also applies to cases where, if the period has lasted more than 120 days, the employer must provide 15 days’ notice.

If, for any reason, the aforementioned notice period is not observed in whole or in part, the employer must pay the employee for the missing days of notice.

The notice of termination is not subject to any specific form—that is, it can be given verbally—and is not subject to any prior procedure. However, in order to have proof of this termination of the contract, it is always preferable to do so in writing.