Notice period in Portugal: how many days you must give when you quit (2026)

What the notice period is

The notice period is the time between telling your employer you are leaving and the day you actually stop working. It lets your employer find a replacement or reorganise the team. The minimums are set in Art. 400 of the Portuguese Labour Code: meeting them is your obligation.

During the notice period you keep your full salary. You keep every right: holiday, sick pay, training. You are simply telling your employer the contract will end on a specific date.

The deadlines table (Art. 400)

The notice depends on contract type and tenure. Four main cases:

What if my contract says more days?

The Art. 400 deadlines are the rule for almost everyone. Only for management, director, representation or responsibility roles can a collective agreement or the individual contract set a longer period, up to 6 months (Art. 400(2)). With a valid clause of that kind, the longer period prevails.

If your contract says 90 days but you are not in one of those roles, that clause is not enforceable against you: the legal periods win. Always read your contract before deciding the date. If in doubt, the ACT (labour authority) can confirm.

How to count the days

The countdown starts the day after the employer receives the letter, not the day you send it. If you send it by registered post on June 1 and the employer receives it on the 4th, the clock starts on the 5th.

The days are calendar days, including weekends and public holidays. They are not working days. 30 calendar days from the 5th gives you the 4th of the following month as your last working day.

If you want to force a specific leaving date, work it backwards: pick the last working day, subtract the notice, and you get the deadline for sending the letter.

Form: always in writing

The law is clear: the resignation must be communicated in writing (Art. 400(1)). Without writing, it does not count. Three valid ways:

• Registered post with acknowledgement of receipt: the safest route. Proof of exact date.
• Hand delivery against a dated receipt: signature of whoever receives, stamped copy for you.
• Email with read receipt: legally valid if there is proof of delivery and the employer accepts this channel. If in doubt, duplicate with registered post on the same day.

WhatsApp messages or verbal notices do not start the clock. You can tell your boss informally, but the deadline only starts running with a written document.

If you fail to comply: you pay the difference (Art. 401)

If you leave before the notice period is over, the law lets your employer claim compensation equal to your base salary plus seniority pay for the missing days (Art. 401(1)). It is not a fine: it is the exact value of the salary you are not going to earn.

Three important points:

• Only on base salary + seniority pay. It does not include meal allowance, bonuses, on-call pay or commissions. That usually softens the blow.
• Your employer cannot force you to stay. Serving the notice is not enforceable. They can only charge you.
• You do not automatically owe anything by court order. The employer must process the deduction in the final settlement. If they abuse it (deduct too much, or for days you actually worked), you can complain to the ACT or sue in the Labour Court.

Notice waiver: when the employer says "just leave now"

The employer can waive the notice partially or fully. It happens often: they do not want you there for 60 days, the replacement is already ready, or the atmosphere is bad. If they waive, you leave earlier and get paid up to the effective last day.

One critical point: always get the waiver in writing. If you agreed verbally and left, the employer can later claim you left without notice and deduct. An email saying "as discussed, last day will be June 30" is enough, as long as the employer replies "ok" or "confirmed".

Holiday during the notice period

Can you take holiday during the notice? Yes, if the employer agrees. There is no automatic right. Holiday scheduling is by mutual agreement (Art. 241 CT), and many employers accept it because it cuts their cost.

If they say no, the unused holiday days are paid out in the final settlement. For each pending day, you receive your daily salary plus pro-rata holiday bonus.

What to request on your way out

The resignation letter is the visible part. But what matters most is what you take with you: for your next job, for unemployment benefit (if eligible), for Social Security.

Request these in the same letter or in a separate note:

• Work certificate (certificado de trabalho): states your role and dates (Art. 341 CT). Mandatory. You will need it for almost every future application.
• Form RP-5044: unemployment situation declaration. Only relevant if you resign with just cause or leave by mutual agreement. A normal voluntary resignation does not give you access to unemployment benefit.
• Final settlement statement: last payslip showing your last month salary, pro-rata holiday pay + holiday bonus + Christmas bonus, and any deductions.
• Tax declaration: income declared during the year. Useful for next year's personal income tax (IRS).

Leaving without notice: the three legal routes

In three cases the law lets you leave without respecting Art. 400:

1. Resignation for just cause (Art. 394)

If the employer is failing you seriously (unpaid salaries for more than 60 days, moral harassment, abusive change of duties, safety violations), you can invoke just cause and leave immediately. In that case you not only skip the notice but also receive compensation (15 to 45 days × tenure) and qualify for unemployment benefit.

2. Probation period (Art. 114)

While probation lasts, you can leave without any notice at all: no reason, no compensation, from one day to the next (Art. 114(1)). The only exception is a written agreement providing for notice; without one, you owe nothing. Still resign in writing, so the date is on record.

Do not confuse this with the 7-day notice (probation longer than 60 days) and the 30-day notice (longer than 120 days): those are duties of the employer when the employer ends the contract (Art. 114(2) and (3)), not yours.

Probation lasts, in an open-ended contract, 90 days for most workers, 180 days for roles of technical trust and for first-job seekers and long-term unemployed, and 240 days for director-level roles (Art. 112(1)). Once it ends, the normal Art. 400 deadlines apply.

3. Domestic violence victim status

Workers with recognised domestic violence victim status are fully exempt from the notice period and from the Art. 401 indemnity (Arts. 400(6) and 401(2), added by Law 13/2023).

Checklist before you send the letter