Quick guide

Just fired in Portugal: what to do in the first 48 hours

Find out what to do in the 48 hours after a dismissal in Portugal: Art. 341 documents, evidence, 60 days to challenge and 90 days to claim benefits.

Just been fired and your head is spinning? Breathe. The first 48 hours do not decide everything, but there are 4 steps that protect your rights: do not sign in a rush, demand two documents, keep evidence and mark the deadlines.

This guide is the checklist for those 48 hours, in the right order.

Hour 0: do not sign anything in the heat of the moment

The golden rule of the first hours is this: your signature is your protection. Before signing anything, tell these three papers apart:

  • Dismissal letter. It is a communication from the company and does not need your agreement. You can sign only that you received it (write "acknowledged" and the date).
  • Mutual termination agreement. This is not a dismissal, it is a contract for you to leave "by agreement". Read it very carefully: it can affect your unemployment benefit. See the guide on mutual agreement and your rights.
  • Settlement receipt. It declares you received certain amounts. Sign it with the reservation "reserving all other credits arising from the contract". The guide on final pay at the end of the contract explains why.

And one special case: if the dismissal is collective or by job position extinction and the company pays you compensation, receiving the full amount makes the law presume you accepted the dismissal (Art. 366, no. 4). If you are thinking of challenging it, first read what to do when you already received the compensation.

Before you leave: demand these two documents

Art. 341 of the Labour Code requires the company to hand you, when the contract ends:

  1. Unemployment situation declaration (form Mod. RP 5044). Without it you cannot apply for unemployment benefit. It is the most urgent document.
  2. Work certificate. It states your start and end dates and your duties. You will need it for your next job.

They are free and they are a right, not a favour. If the company "will send it later" and never does, ask in writing (email works) and, if they keep refusing, file a complaint with ACT.

Keep evidence of everything

If you later want to challenge the dismissal or claim unpaid amounts, the evidence from the first 48 hours is gold:

  • The dismissal letter or email, above all its date, because the deadlines count from it.
  • Payslips from the last months (download them now, before you lose access to the internal portal).
  • Employment contract and amendments.
  • Relevant messages and emails. If the dismissal was verbal or "overnight", note who was present and when.

A dismissal by word of mouth, with no written procedure? That is an unlawful dismissal. Check your case against the checklist in can my employer fire me like this?.

Work out what they owe you

Even in a just cause dismissal, the company must pay your labour credits: accrued untaken holidays, proportional holiday and Christmas allowances for the year you leave, and the unused training hours from recent years.

If the dismissal is collective or by job position extinction, severance compensation is added: 14 days of base pay and seniority payments per full year of service, for the contract time since 01/05/2023 (Art. 366). Earlier time counts at 12 days per year.

Calculate your severance in 1 minute

The calculator applies Art. 366 and splits the time before and after Law 13/2023 on its own. Enter your salary, start date and end date.

Open calculator

Put these deadlines in your calendar today

Dismissal deadlines are short and count from the notice or from the end of the contract. Set them on your phone before the dust settles.

WhatDeadlineLegal basis
Ask the court to suspend the dismissal5 working days from the noticeArt. 386 CT
Challenge a just cause dismissal60 days from the noticeArt. 387, no. 2
Challenge a collective dismissal6 months from the end of the contractArt. 388, no. 2
Claim unemployment benefit90 days from the end of the contractArt. 58, Decree-Law 220/2006
Claim unpaid labour credits1 year from the end of the contractArt. 337 CT

[It depends on the case:] the suspension (the 5 working days) is only worth it in specific situations, such as wages at risk or urgent reinstatement. The deadline nobody can miss is the 60 days to challenge.

Sort out unemployment benefit, without waiting for the final pay

The benefit claim is independent from your accounts with the company. Do not wait for the final settlement or for "the paperwork": the 90 day deadline does not pause.

The two steps: register at IEFP as a job seeker and file the claim on Segurança Social Direta with the Mod. RP 5044 declaration. The full step by step, with deadlines, is in the guide on how to apply for unemployment benefit. To see how much you would receive, use the unemployment benefit checker.

Useful links

Disclaimer

This guide explains general rules of the Portuguese Labour Code in force on 2026-06-10. Every case has its own details. For court action, consider a consultation with a labour law lawyer or legal aid.

Frequently asked questions

I was fired in Portugal, what should I do first?+
Three things, in this order: do not sign anything on the spot (no termination agreement, no receipt you have not read), demand the unemployment declaration and the work certificate (Art. 341 of the Labour Code), and keep the dismissal letter with its date. The date of the notice starts almost every deadline.
What documents must my employer give me when I am dismissed?+
Two, mandatory and free: the unemployment situation declaration (form Mod. RP 5044), without which you cannot apply for unemployment benefit, and the work certificate with your start and end dates (Art. 341). If the company refuses, ask in writing and file a complaint with ACT, the labour authority.
I was dismissed, am I owed any money?+
Always: untaken holidays, proportional holiday and Christmas allowances, and unused training hours. Severance compensation as such only exists in collective dismissal and job position extinction: 14 days of base pay per year for the time worked since 01/05/2023 (Art. 366). A just cause dismissal pays no compensation.
How long do I have to challenge a dismissal in Portugal?+
Just cause dismissal: 60 days from the notice (Art. 387, no. 2). Collective dismissal: 6 months from the end of the contract (Art. 388, no. 2). To ask the court to suspend the dismissal, the deadline is much shorter: 5 working days (Art. 386).
Can I claim unemployment benefit if I was fired?+
Yes. Being dismissed by the company counts as involuntary unemployment, which is the core requirement. You need to register at IEFP (the employment office) and file the claim with Social Security within 90 days of the contract ending (Art. 58 of Decree-Law 220/2006). Every day of delay after the deadline is a day of benefit lost.
Should I sign the settlement receipt on my last day?+
You can sign that you received the amounts, but add a reservation: 'I declare having received X, reserving all other credits arising from the contract'. Watch the special case of collective dismissal or job position extinction: receiving the full compensation makes the law presume you accepted the dismissal (Art. 366, no. 4).
Can my employer fire me overnight, just verbally?+
No. A dismissal in Portugal always requires a written procedure with a formal notice. A verbal dismissal, with no process and no letter, is unlawful and can be challenged in court. Keep evidence of what happened (messages, witnesses, emails) and count the 60 day deadline.

Official sources

5 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.