Foreign worker in Portugal: contract, permit and rights

If you are a non EU citizen working or about to work in Portugal, you need two things: a visa or residence permit that allows work (Law 23/2007, Arts. 59 and 88) and a written contract with 7 mandatory items (Art. 5 of the Labour Code). From then on you have exactly the same rights as a Portuguese worker (Art. 4): the 920 euro minimum wage, 22 days of holidays, a 40 hour week and Social Security. Citizens of the EU, the EEA and Switzerland need no visa and no special written contract.

Who needs authorisation to work

Rahul arrived from New Delhi with an electrician's contract signed with a company in Setúbal. Sofia came from Madrid to join a marketing agency in Lisbon. Both will work as employees. Only Rahul needs a visa.

The rule has two sides:

For Rahul, the standard route in 2026 looks like this:

1. Residence visa for employed work, requested at the Portuguese consulate in his country, with an employment contract or promise of contract (Art. 59(5)(a)). The visa allows two entries and a stay of 4 months (Art. 58(2)). With the visa he immediately receives a pre authorisation with provisional tax, Social Security and health service numbers (Art. 58(6)).
2. Entry into Portugal and application for a residence permit at AIMA (the Agency for Integration, Migration and Asylum). The law only grants it to someone with an employment contract concluded under the law who is registered with Social Security (Art. 88(1)). The application can be filed by the worker or by the employer (Art. 81(1)).
3. While waiting, if the delay is not his fault, the residence visa holder may work (Art. 81(4)). AIMA has 90 days to decide, extendable by 30 in complex cases (Art. 82(5)).
4. Temporary residence permit: valid for 2 years from issue, renewable for periods of 3 years (Art. 75(1)).

There is a second route, only for qualified profiles: the job seeker visa for qualified work (Art. 57-A). It gives 120 days, extendable by 60, to find a job in one of the skills defined by ministerial order. Anyone who signs a contract within that period applies for the residence permit on the appointment date printed on the visa itself (Art. 88(7)). Anyone who does not must leave and can only apply for a new visa one year later (Art. 57-A(3)).

What no longer exists: the expression of interest (manifestação de interesse), which allowed entry as a tourist followed by regularisation with a contract (former Art. 88(2)). It was revoked in June 2024 by Decree Law 37-A/2024. Applications filed before that date are still handled under the old rules; anyone who entered afterwards does not have that door.

With the permit in hand, Rahul is entitled, without any special authorisation, to employed or self employed work, training, health care, education and access to the courts, and to equal treatment in Social Security, tax benefits and union membership (Art. 83).

The same rights as a Portuguese worker

Fatima works in a kitchen in Albufeira. She gets 700 euros for 48 hours a week, "because she is foreign and just starting". She is being cheated twice.

Art. 4 of the Labour Code leaves no room: a foreign or stateless worker authorised to work in Portugal enjoys the same rights and is bound by the same duties as a worker with Portuguese nationality. That means:

• Minimum wage of 920 euros gross, paid 14 times a year. See the 2026 figure and the net amount in minimum wage Portugal 2026.
• 40 hours a week and 8 a day (Art. 203); anything above is overtime with a 25% to 100% premium. Run the numbers in the overtime calculator.
• 22 working days of holidays (Art. 238), plus holiday and Christmas allowances.
• Social Security registration and 11% contributions, giving access to sick pay, unemployment benefit and a pension.
• Protection against dismissal, notice periods and severance like any other worker.

And nationality is on the list of prohibited discrimination grounds in Art. 24(1). Paying less, giving worse shifts or denying training "because you are foreign" is discrimination: you name the colleague who was treated better and it becomes the employer's job to prove the difference had nothing to do with nationality (Art. 25(5)). The Immigration Act repeats the rule on its side: equal treatment in Social Security, unions, recognition of diplomas and access to goods and services (Art. 83(2)).

The 10 rights that apply to everyone are summarised in ten basic rights when working in Portugal.

The contract must be in writing, with 7 items

Rahul was told "you sign when the visa comes through, for now you just start working". No. The contract with a foreign worker is the exception to the rule that a permanent contract is valid verbally (Art. 110). Here written form is mandatory (Art. 5(1) of the Labour Code) and the document must contain:

Three more rules:

• The worker attaches the identification of whoever receives the pension if they die in a work accident or from an occupational disease (Art. 5(2)).
• The contract is made in duplicate and the employer gives you one copy (Art. 5(3)).
• The employer's copy has the documents attached proving your lawful entry and residence; the other copies carry photocopies (Art. 5(4)).

If the contract is fixed term, everything the law requires for fixed term contracts is added: the reason, the term and so on. See the rules in fixed term contracts in Portugal 2026. And, like any worker, you are entitled to written information on your working conditions within the first 7 days to 1 month (Arts. 106 and 107), explained in transparent working conditions.

Breaching paragraphs 1, 3 or 4 is a serious offence (Art. 5(7)). The old duty for the employer to send the contract to the ACT (paragraph 5) was revoked by Law 13/2023: it no longer exists.

What if the employer did not draw up a written contract and you are already working? [Common interpretation:] the missing form is the fault of the party who had the duty to comply, the employer. You still have the right to wages, holidays and Social Security for the work done, and the employer answers for the offence. Keep proof that you work: messages, rosters, transfers, witnesses.

Changing employer, losing your job, renewing

After a year, Rahul gets a better offer from a company in Lisbon. Can he accept? Yes, and since September 2026 it is simpler.

Changing employer. The holder of a residence permit for professional activity can change employer by notifying AIMA, with no need for a new permit (Art. 88(8), added by Law 62/2026 of 10 September). Three steps: sign the new contract in writing (Art. 5 of the Labour Code), check that the new company registers you with Social Security and notify AIMA of the change. You can also switch to self employment by replacing the permit (Art. 88(5)).

Losing your job. The residence permit does not expire on the day the contract ends: it is valid until the date on the card. The problem shows up at renewal, which requires means of subsistence, accommodation and tax and Social Security obligations in order (Art. 78(2)). [Case by case:] the unemployment benefit you earned through your contributions helps prove means of subsistence; check how much you can receive in the unemployment benefit calculator. And do not stay out of the country for more than 6 consecutive months or 8 months in total, or the permit can be cancelled (Art. 85(2)).

Renewing. Apply for renewal up to 30 days before the permit expires (Art. 78(1)). The application receipt is valid as a permit for 60 renewable days (Art. 78(7)), so you are not "illegal" while AIMA decides, which should happen within 60 days (Art. 82(6)). Applying after the deadline is an offence with a fine of 75 to 300 euros (Art. 201). After 5 years of temporary residence, with basic Portuguese, you can apply for permanent residence (Art. 80).

If the permit expires between one job and the next, the renewal receipt is the document to show the new employer: the law says it has the same effect as the permit.

Working "without papers": who pays

Amadou worked 4 months on a building site in Braga with no contract and no visa. The contractor did not pay the last two months and said: "go and complain, they will send you home". The law says the opposite.

The one who hires is the one punished. Art. 198-A of Law 23/2007 applies to anyone using the work of a foreigner without a residence permit or a visa that allows work:

On top of that: repayment of public subsidies received in the previous 12 months, publication of the conviction in a national newspaper and on the AIMA portal at the offender's expense (Art. 198-A(2)), and liability of the directors for the fine (Art. 198-A(11)).

Wages are owed. The employer, the user company and the main contractor are jointly liable for wages and other contract credits, for labour sanctions and for contributions not paid (Art. 198-A(5)). And the law presumes that the wage was at least the minimum and that the relationship lasted at least 3 months, unless proven otherwise (Art. 198-A(8)). Amadou can claim the two missing months: see how to demand them in late wages in Portugal and, if they do not pay, file a complaint with the ACT.

Reporting protects you. A foreigner who is the victim of a serious or very serious offence in the employment relationship, with evidence confirmed by the ACT, and who reports it and cooperates, can apply for a residence permit without a visa (Art. 122(1)(m)). Unions and immigrant associations can file the complaint on their behalf and represent them (Art. 198-B).

On the worker's side, the Immigration Act fine for working without a permit exists only for self employed work (Art. 198(1), 300 to 1,200 euros); for employed work, the law points at the company. [Case by case:] irregular stay in the country is a separate issue, with its own removal rules; a labour complaint is precisely one of the doors to regularise it.

And to be clear: withholding your passport, charging you for travel or accommodation outside the contract, or paying below 920 euros "because you are foreign" are signs of exploitation. If there are threats or imposed debts, it may be human trafficking, with its own protection (Arts. 109 and following of Law 23/2007). Report it.

Checklist: what to do, in order

1. Before coming: contract or promise of contract signed by the company, then a residence visa application for employed work at the consulate (Art. 59(5)).
2. On arrival: tax number, Social Security number and bank account. The step by step is in starting work in Portugal.
3. Written contract with the 7 items of Art. 5 of the Labour Code, in duplicate. Keep your copy and the copy of the visa the employer attached.
4. Check on Segurança Social Direta that the company registered you: without it, AIMA will not grant the permit (Art. 88(1)).
5. Apply for the residence permit at AIMA and keep the receipt: you can work while you wait (Art. 81(4)).
6. Mark the expiry date and apply for renewal 30 days before (Art. 78(1)).
7. If you change company, notify AIMA (Art. 88(8)). If you are treated worse for being foreign or not paid, complain to the ACT and send a demand letter.

For the employer: hiring a non EEA worker without a written contract containing the 7 items of Art. 5 of the Labour Code is a serious offence, and using them without a visa or permit that allows work costs between 2,000 and 90,000 euros per offence, plus repayment of subsidies and publication of the conviction (Art. 198-A). You are jointly liable for wages even if the worker was supplied by another company or subcontractor, and the minimum wage for 3 months is presumed. On a building site, demand from the subcontractor the declaration of compliance with obligations towards foreign workers (Art. 198-A(6)): without it, the client is liable too. Get the visa or permit before day one, register the worker with Social Security before the contract starts and attach the copies to your copy of the contract (Art. 5(4)).

For complicated visa applications or cases stuck at AIMA, a lawyer or an immigrant support association can help. But the labour rights above do not depend on that: they apply from the first day of work, with or without paper.