Complete guide

Final pay in Portugal: the credits you cannot waive

When your contract ends you are owed holidays, allowances, overtime and untaken training. The settlement receipt does not erase what you were not paid. You have 1 year to claim (Art. 337).

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When the contract ends, the company has to do a final settlement of accounts. Some amounts are yours and do not disappear just because the company pushes or because you signed a paper in a hurry.

This guide shows what you are owed at the end of the contract, why the settlement receipt does not erase your credits, and how long you have to claim.

What your credits are at the end of the contract

"Credits" are all the amounts the company still owes you on the day the contract ends. The most common ones:

Credit	Legal basis	Note
Pay for the days worked	Art. 258	Up to the last day of the contract
Accrued and untaken holidays	Art. 245	Leftover days from the previous year plus allowance
Pro rata for the year you leave	Art. 245	Holidays and holiday allowance for the months worked
Pro rata Christmas allowance	Art. 263	For the months worked in the year you leave
Unpaid overtime	Art. 268	Plus compensatory rest, where it applies
Untaken training	Art. 134	Missing hours from the last 2 years
Outstanding seniority payments	Contract / collective agreement	If they apply in your case

These credits are due whatever the reason for leaving: dismissal, mutual agreement, end of a fixed term contract or your own resignation. Even in a just cause dismissal against you, you still receive holidays, allowances and overtime you had already earned.

The settlement receipt: what to sign and what not

On the last day, the company usually gives you a paper to sign confirming you received the settlement. It is called the settlement receipt.

Watch out for a common trap: many receipts carry a line like "I declare I have nothing more to receive from the company". If you sign that without thinking, the company will use the paper to claim you waived everything.

[Current reading:] a generic line like that is not a valid waiver of the credits you were not actually paid. The courts require any waiver to be clear, specific and informed. But you avoid the argument if you protect your position straight away.

What to do before signing:

Check the account line by line. Match what is on the paper with what you should receive.
Do not sign on the day if you have doubts. Ask for a copy and time to check.
If something is missing, write by hand: "I received the amount of X, without prejudice to other credits." Then sign.
Keep a copy of the receipt and the final payslip.

The training they did not give you also counts

This is the part almost nobody claims. The law requires the company to give you 40 hours of continuous training per year (Art. 131).

If it did not, those hours are not lost. They turn into a credit. At the end of the contract, the company has to pay you the missing training hours from the last 2 years (Art. 134).

The ACT has an official simulator to calculate that amount. You enter the missing hours and your hourly pay, and it gives the figure.

You have 1 year to claim (Art. 337)

The clock starts the day after the contract ends. From then you have 1 year to claim the credits (Art. 337 paragraph 1). After that deadline the credit lapses: you can no longer collect it in court, even if you are right.

So do not let it drag. If the company has not paid everything:

Work out what is missing.
Send a written demand, with a deadline to pay and a copy kept.
If it does not pay, go to the labour court within the year.

Calculate the holidays and allowance you are owed

The holiday calculator separates accrued days from pro rata days and shows the value in euros. Add the Christmas allowance one for the full settlement.

Open calculator →

What to do, step by step

Ask for the detailed account of the final settlement, in writing.
Check each credit in the table above. Is any missing? Mark it.
Demand the exit documents: the unemployment declaration (form RP-5044) and the work certificate (Art. 341).
Do not sign a general waiver without reserving the missing credits.
You have 1 year to claim. Demand first, court later.

Useful links

Payment of untaken holidays: how to calculate the formula for the days left over.
Late wages: what to do if the company is not paying what it owes.
Termination of employment in Portugal where each way of leaving fits.
Christmas allowance calculator the pro rata for the year you leave.
Severance calculator for when there is compensation to add to the credits.

Frequently asked questions

What are a worker credits at the end of the contract?+

They are all the amounts the company still owes you when the contract ends: pay for the days worked, accrued and untaken holidays plus the matching allowance, the pro rata amounts for the year you leave (holidays, holiday allowance and Christmas allowance), unpaid overtime and the training you were not given (Art. 245, 263, 264, 268 and 134). They are due whatever the reason for leaving.

If I sign the settlement receipt, do I lose the right to the credits?+

Not automatically. The settlement receipt proves what is written on it and the amount you received. A generic line such as 'I have nothing more to receive' does not count as a valid waiver of credits you were not actually paid. [Current reading:] the courts require any waiver to be clear, specific and informed. When in doubt, write 'I received the amount of X, without prejudice to other credits' before you sign.

How long do I have to claim the credits?+

You have 1 year from the day after the contract ends (Art. 337 paragraph 1). After that year the credit lapses and you can no longer claim it in court. So do not let it drag: if the company has not paid everything, send a written demand and, if needed, go to court within the year.

Does the training the company did not give me count as a credit?+

Yes. The law requires 40 hours of continuous training per year (Art. 131). Hours not given turn into a credit and, at the end of the contract, the company has to pay the missing training hours from the last 2 years (Art. 134). The ACT has a simulator to calculate that amount.

Am I owed holidays and allowances even if I leave mid year?+

Yes. In the year you leave you receive the pro rata amounts: holidays, holiday allowance and Christmas allowance calculated by the months you worked (Art. 245 and 263). If you still had holidays from the previous year, you receive those days plus the matching holiday allowance. This applies even in a just cause dismissal.

Can the company deduct my debts from the final credits?+

Only in limited cases. The company cannot deduct whatever it wants from the final settlement. Deductions are set out in the law (Art. 279) and, outside situations such as advances or a court order, it needs your agreement. Always check the account line by line before you accept.

Can I receive the credits and still claim unemployment benefit?+

Yes. The final credits (holidays, allowances, overtime) are not the same as the dismissal compensation or the unemployment benefit. You receive the credits from the company and, if the termination is involuntary and you meet the qualifying period, you claim the benefit from IEFP with form RP-5044.

Official sources

4 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.