How many holiday days you get in your first year in Portugal (Art. 239 CT)

The rule in one sentence

In the first year, holiday rights only emerge after 6 months of contract and grow by 2 working days for each month worked, capped at 20 working days (Art. 239 n.º 1). It is a different regime from the general rule of 22 working days per year in Art. 238, which only applies from the second civil year of work.

The three phases of the first year

Phase 1: before 6 months

The right is accruing but cannot be used. The employer may authorise it, but you are not required to accept and the employer is not required to grant.

Phase 2: from the 6th month onwards

The right is acquired in the proportion of 2 days × months elapsed. You can start taking holidays.

Phase 3: end of the calendar year

The balance grows up to the cap of 20 working days (corresponding to 10 months or more). If months remain until 31 December, the balance keeps growing monthly until 20.

The formula explained

The maths is simple:

Days = months of contract duration × 2, capped at 20

"Months of duration" counts from the start date. Started on 1 June? On 1 December you have 6 full months = 12 days. On 1 February of the following year = 8 months = 16 days.

The 30-day cap (Art. 239 n.º 3)

This is the most misunderstood part of the law. When you start mid-year, two balances collide:

• First-year balance: accrued via Art. 239 n.º 1, usable until 30 June of the second civil year
• Second-year balance: vests on 1 January of the second civil year via Art. 238 (typically 22 working days)

If the sum of these two balances exceeds 30 working days in the same civil year, Art. 239 n.º 3 caps the excess. You cannot take more than 30 working days that year.

[Common interpretation:] in practice, workers take first-year days first (until 30 June) and then move to second-year days. Total in the year stays at 30. Supreme Court (STJ) case law has confirmed that this cap is a matter of public order and cannot be set aside by agreement.

Termination during the first year (Art. 245)

If you leave the company before the 6-month mark, you still receive pro-rata. Art. 245 n.º 1 guarantees cash payment of everything accrued, even if use was not yet enforceable.

The formula is the same: 2 working days × each full month, plus the corresponding holiday bonus.

Short fixed-term contracts (Art. 239 n.º 6)

For contracts with total duration under 6 months, the rule is different:

• 2 working days per full month of contract duration (Art. 239 n.º 4 and 5)
• Use immediately before contract end, unless the parties agree otherwise (n.º 6)

In practice this covers short professional traineeships, seasonal contracts (vintage, Christmas, summer) and temporary replacements. The employer cannot postpone use to "later". You either take days before leaving, or you receive cash in the final settlement.

Common mistakes that cost money

"I thought I had 22 days right in the first year"

No. The legal minimum for the first year is Art. 239 (up to 20 days), not Art. 238 (22 days). Only if your individual contract or the sector CCT is more favourable can you have 22 or more.

"The employer scheduled my holidays before I had 6 months"

They can schedule with your agreement, but you are not required to accept. If days were imposed before the 6-month mark against your will, that violates Art. 239 n.º 1. You can refuse and demand rescheduling.

"I thought the 30-day cap took rights away from me"

It does not take them away. It limits use within the same calendar year. Days from year one that do not fit because of the cap are compensated in cash on departure or negotiated as a deferral (carefully: they must be used or paid, they do not disappear).

"I left in the 5th month and my employer paid no holidays"

Wrong. Art. 245 n.º 1 requires payment of pro-rata in any termination, even without completing 6 months. Request an itemised settlement and, if they refuse, written demand and complaint to ACT.

"The employer said I lost the days for not using them"

False. First-year days, even if unused in 2026, can be used until 30 June 2027 (Art. 239 n.º 2). And on departure they convert to cash (Art. 245). There is no automatic loss.

Next steps by situation

• You are in your first year and want to schedule holidays: confirm accrued days in the holiday calculator; send an email proposing dates with 8 days notice.
• You completed 6 months and want to take them now: request in writing. The employer can only refuse with objective reason (workload, colleague absence) and must propose a reasonable alternative.
• The employer cut your days due to the 30-day cap: request a written calculation breakdown (Art. 239 n.º 3); confirm that excess days were paid in cash or deferred by written agreement.
• You are leaving in your first year: read the guide on unused holidays payment and use the resignation letter template which automates the calculation.
• Your short fixed-term contract is ending: agree in writing whether you take days before or get paid. If the employer underpays, written demand plus complaint to ACT.