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Trial Periods in Employment Contracts

How long is the trial period for employment contracts in Portugal?

The trial period refers to the initial phase of the employment contract, during which both parties assess their interest in continuing the employment relationship. Generally, during the trial period, either party can terminate the contract without providing a reason and without the right to compensation, unless otherwise agreed in writing.

The trial period duration varies depending on the type and duration of the contract. Below is a detailed breakdown of trial periods for different contract types:

Fixed-Term / Uncertain-Term Contracts

  • Contracts of 6 months or more: 30 days
  • Contracts of less than 6 months or uncertain-term contracts with a predictable duration of less than 6 months: 15 days

Termination Notice during the Trial period: 

The notice period required to terminate a contract during the trial period depends on how much of the trial period has already elapsed:

  • If the trial period has lasted 60 days or less: No notice is required.

  • If the trial period has lasted more than 60 days but less than 120 days: The employer must provide 7 days' advance notice.

  • If the trial period has lasted 120 days or more: The employer must provide 30 days' advance notice.

Important: The termination notice must be communicated within the trial period. This means the notice must be given early enough to ensure that the notice period ends before the trial period expires.

Permanent Contracts

  • General Employees: 90 days
  • Employees in the following categories - Trial Period: 180 days:
    • Positions requiring technical complexity or high responsibility
    • Positions of trust
    • First-time job seekers and long-term unemployed 
  • Employees in managerial or senior positions: 240 days

Modifications to Trial Periods

  • The trial period can be reduced or excluded entirely by collective labor regulation instruments or by a written agreement between the parties.

Legal Basis: Articles 111 to 114 of the Portuguese Labor Code.