Investor's Guide - Labour System - Holidays, Vacations and Absences

Agência para o Investimento e Comércio Externo de Portugal


Homepage » Invest in Portugal » LabourSystem

Invest in Portugal



Labour System  


4.3. Absences


Absences are when an employee is not present at the location where they perform their job during a normal work day.


Whenever an employee is absent for shorter periods than a normal work day, their times are added to determine the absence. If the duration of the normal daily work is not standard, the average duration should be used.


Employers should be notified off an absence, whenever foreseeable, which includes a justification, at least 5 days in advance. If this advanced notice cannot be given, in particular because the absence is unforeseeable five days in advance, then the employer should be notified as soon as possible.


An excused absence does not affect any of the employee’s rights. However, the following excused absences result in a loss of pay:


(a) Due to illness, provided that the employee is enrolled in the social security system for protection against illnesses;

(b) Due to an accident at work, provided that the employee is entitled to any benefit or insurance;

(c) An absence to care for a member of the household;

(d) Absences which by law are considered justified when they exceed 30 days per year;

(e) Absences authorized or approved by the employer.


An unexcused absence results in loss of pay for the period of absence, which is not counted in the employee’s seniority.


Whenever an employee attends late without an excuse:


(a) If more than 60 minutes, and at the start of daily work, then the employer may not allow the employee to work for the rest of the normal work day;

(b) If more than 30 minutes, then the employer may not allow the employee to work during this part of the normal work day.


A loss of pay due to absences may be replaced by:


(a) Waiving an equal number of vacation days, up to the permitted limit during time off (see section 4.2), with an express declaration from the employee notifying the employer;

(b) Working beyond the normal period, within the limits set for adaptability by collective bargaining regulations when the collective bargaining agreement allows it.


These considerations do not imply a reduction in vacation pay for accrued vacations.



Content supplied by

Content supplied by Garrigues