Quick guide

22 or 25 Days of Holiday in Portugal? What the Law Really Says (2026)

By law, it's 22 working days. The extra 3 come from your contract or collective agreement. The 'good attendance' bonus was scrapped in 2012. Knowing the difference matters when you leave.

Direct answer: 22 or 25?

By law, it's 22 working days.

The Portuguese Labour Code, in Article 238(1), says exactly this:

"The annual holiday period has a minimum duration of 22 working days."

Everything beyond that (25, 26, 27 days) has to come from somewhere else:

  • Collective Bargaining Agreement (CCT) for your sector
  • Individual contract with an express clause
  • Internal regulation or established favourable practice

If none of these three sources gives you more, the correct answer is 22.

The 25-day confusion: history, not law

Many people swear they get 25 days "by law". They're not lying — they remember a rule that no longer exists.

Here's the timeline:

PeriodWhat Article 238 said
2003–201222 base days + up to 3 extra days for zero absences (attendance bonus)
2012–201922 days only. Law 23/2012 scrapped the bonus.
2019–today22 days only. Law 93/2019 did not bring the bonus back.

If you worked in Portugal before 2012, you may remember getting 25 days for perfect attendance. That rule no longer applies. No employer is required to give 3 extra days for good attendance.

[Common interpretation:] some older CCTs copied that bonus into their own text and still keep it. In those cases, the rule applies — but as a CCT clause, not as general law.

Where the 25 days actually come from

1. Collective Bargaining Agreement (CCT)

A CCT is a contract between unions and employer associations. In many sectors, it provides longer holiday periods than the 22-day Labour Code minimum.

Typical examples (always confirm in the current text):

  • Banking
  • Insurance
  • Some retail and industrial CCTs
  • Highly unionised sectors

How to check: visit DGERT and search for the CCT that applies to your sector. Read the "Férias" clause.

2. Individual contract

Your offer letter or contract may expressly state a higher number. If it says "the employee is entitled to 25 working days of holiday per year", you have 25. The text on paper rules.

3. Internal regulation and consolidated practice

Some companies grant extra days by internal policy (24, 25, 26). If this is established practice and there's a written document or formal communication, it becomes a vested right. The employer can't take it away overnight.

Work out how many holiday days you have this year

The Despacho calculator runs three scenarios: year of joining, normal year, and termination. Shows working days and euro value if paid at the final settlement.

Open the calculator

Special cases

First year: the 20-day rule

In the year you join, Article 239 applies:

  • The right to take holidays only opens after 6 complete months of contract
  • Formula: 2 working days × full month, capped at 20 days in the first year

This is the first reason you might have fewer days — not the employer cheating, but the first-year rule by design. Full detail in the guide on holidays in your first year.

Part-time: same days, different value

Working 4 hours instead of 8 does not reduce your number of holiday days. You still get 22 working days. What changes is the value per day (proportional to your salary). Article 237(1) guarantees the full period.

Fixed-term contracts

In a short fixed-term contract (under 12 months), the first-year rule applies. At the end, the final settlement pays proportional unused days + proportional holiday allowance.

Public sector

The public sector is not governed by the Labour Code but by the General Law on Public Sector Employment (Law 35/2014).

[Common interpretation:] the base regime is more favourable — it starts at 25 working days and adds days for seniority. Scheduling, splitting and termination rules have specifics. If you work in Portuguese public administration, check the exact LGTFP table with your HR. This guide focuses on the private sector.

What's worth doing today

  1. Find your contract. Read the holiday clause. If it says "22 working days", that's the legal minimum. If it says more, note it.
  2. Identify your CCT. Most sectors have one. DGERT lets you search by activity. If there's one, read the holiday clause.
  3. Compare with the company's holiday map. If the company gave you 22 and the CCT says 25, you're short 3 days a year. Ask in writing.
  4. If you're leaving the company, count unused days. By the 22 or by the 25, depending on your case. The final settlement has to pay everything.

Leaving and want to know what you're owed?

The final-pay guide explains unused holidays, proportional allowances, notice and the documents to request when the contract ends.

Open the final-pay guide

5 common mistakes

  1. Believing 25 days is automatic by law. It hasn't been since 2012.
  2. Confusing CCT with the Labour Code. What the CCT gives you is your right, but it's not "general law".
  3. Thinking part-time = fewer holidays. Same working days, salary-proportional pay.
  4. Not claiming unused days at the final settlement. You're entitled (Article 245), even if you didn't schedule them.
  5. Accepting "company policy" instead of checking the contract and CCT. Internal policy can't undercut what the law or CCT requires.

Next steps

Frequently asked questions

So is it 22 or 25 days of holiday under Portuguese law?+
By law, it's 22 working days. Article 238(1) of the Portuguese Labour Code sets the annual holiday period at 22 working days. The 25-day figure only appears when your individual contract, internal regulation, or sector Collective Bargaining Agreement (CCT in Portuguese) gives you more. There's no automatic statutory bonus — anyone telling you that you have 25 days 'by law' is wrong.
Where does the 25-day story come from then?+
It comes from an old rule that no longer exists. Between 2003 and 2012, Article 238 had an 'attendance bonus' — up to 3 extra days if you didn't miss work. In 2012 (Law 23/2012) this bonus was scrapped. In 2019, Law 93/2019 changed Article 238 again — but did not bring the bonus back. If you have more than 22 days today, it's because of a collective agreement or your contract, not the general law.
How do I check if my CCT gives me more than 22 days?+
First, identify which Collective Bargaining Agreement applies to your sector and role. Search on the DGERT portal (Portuguese government body for labour relations) by activity. Then in the CCT text, look for the clause titled 'Férias' (Holidays) or 'Período anual de férias' (annual holiday period). If the CCT is silent, the general 22-day rule applies. If your individual contract has an express clause with more days, the most favourable rule wins.
In my first year I only get 20 days. Is that legal?+
Yes. Article 239(1) sets a special rule for the year you start: 2 working days for each complete month of contract, capped at 20 working days. This is not a cut — it's how the first year is designed by law. From the second civil year onwards, you get the full 22 working days. See the dedicated guide on holidays in your first year of work.
I work part-time. Do I get fewer holidays?+
No, you get the same number of working days (22) — but the daily value is proportional to your part-time hours, because holiday pay is based on your salary, which is already proportional. You don't lose rest days for working 4 hours instead of 8. Article 237(1) guarantees the full period in working days.
I'm a public sector worker — do I get more days?+
Yes. Public servants are not covered by the Labour Code but by the General Law on Public Sector Employment (Law 35/2014). [Common interpretation:] the base regime gives 25 working days and adds days based on seniority. Rules on scheduling and splitting holidays are different too. If you work for Portuguese public administration, check the exact LGTFP table with your HR. This guide focuses on the private sector.
Can I negotiate with my employer to get 25 days?+
Yes. Article 238(2) expressly allows the annual holiday period to be increased by collective agreement (CCT, AE) or by individual contract. If you're joining a company, ask for 25 days in your offer letter. If you're already in, you can negotiate at salary review — extra holiday is indirect compensation with favourable tax treatment. It must be in writing.
If I leave the company mid-year, do I lose holiday days?+
No. Article 245 requires payment of all proportional unused days in the final settlement. The formula is 22 ÷ 12 × full months worked in the year of termination. If your CCT gave you 25, you use 25 ÷ 12. The same applies to proportional holiday allowance (subsídio de férias). To run the exact numbers, the Despacho holiday calculator gives you the euro amount.

Official sources

6 references

This guide is for informational purposes only and does not constitute legal advice. For your specific situation, consult a lawyer or official authority. Found an error? Let us know at ola@despacho.pt.