Probation period in Portugal: duration, termination and rights (2026)

What the probation period is

It is a test with a deadline. The law gives both sides — worker and employer — an initial window to decide whether the relationship makes sense. During that time, either side can end the contract under much lighter rules than normal dismissal.

The definition is in Art. 111 of the Portuguese Labour Code: the probation period is the initial time of contract execution during which each party assesses its interest in continuing the relationship. Plain English: both are testing.

How long it lasts: the full table (Art. 112)

The duration depends on the type of contract and, for open-ended contracts, on the role. These are maximum durations — they can be reduced by collective agreement or by written agreement.

Open-ended contracts

Fixed-term contracts

[Update June 2026] The "Trabalho XXI" labour reform proposed scrapping the 180-day probation for first-job seekers and the long-term unemployed. Parliament rejected the proposal on 19 June 2026. So the 180 days stay in force, and the current table above applies.

When it can be reduced

Art. 112 n.º 4 gives three doors to shorten it:

• Collective agreement (CCT) — many sector agreements reduce probation to 30 or 60 days. Search the Boletim do Trabalho e Emprego (BTE).
• Written agreement between the parties — a clause in the contract or a signed annex, before or at the moment of signing.
• Previous internship in the same role (Art. 112 n.º 5) — paid-internship time is deducted. If you completed 6 months of internship and were then hired for the same role, the probation may be reduced to zero.

The reduction must always be in writing. A verbal agreement is not enough.

Who can end it and how (Art. 114)

This is the part that matters in daily life. The rules differ for the worker and the employer.

You (worker)

You can leave at any time, with no notice, with no need to give a reason, and you owe nothing (Art. 114 n.º 1).

The only thing required is written communication. Email, letter, message with a clear date. Without a written record, the employer can treat it as "job abandonment" — and that creates problems with the final settlement, and may block any future unemployment benefit claim.

The employer

They can terminate without invoking just cause and without paying compensation. But they must respect notice periods that grow over time:

If the employer fails to comply with the notice, they pay the salary equivalent to the missing days (Art. 114 n.º 4). It does not stop the dismissal, but it has to be paid.

The discrimination rule

Even within probation, no dismissal for a discriminatory reason is valid. The Constitution (Arts. 13 and 53) and the Labour Code (Arts. 23 to 28) protect the probationary worker just as much as anyone else.

[Common interpretation:] reasons such as sex, pregnancy, illness, race, religion, political opinion, union membership, strike participation, or whistleblowing cannot ground a dismissal during probation. If proven, the dismissal is treated as unlawful — with reinstatement or compensation between 15 and 45 days per year of service (Art. 391).

Proving it is the typical problem. If you suspect discrimination, gather everything: emails, messages, dates, witnesses. And act fast — you have 60 days to challenge in court (Art. 387).

Unemployment benefit: when you qualify

Termination during probation by the employer's initiative counts as involuntary unemployment. If you meet the general conditions, you qualify for the benefit.

The two main requirements (DL 220/2006):

• Contribution threshold: 360 days of Social Security contributions in the last 24 months.
• IEFP registration within 90 days of termination.

If the employer ended the contract during probation, ask immediately for Form RP-5044 (unemployment situation declaration). It is the document that tells Social Security that the departure was not your initiative.

If you were the one who left, you generally have no right to the benefit — you left voluntarily.

How to count the probation period (Art. 113)

The countdown starts on the first day of actual work (Art. 113 n.º 1). Not the day you sign the contract — the day you actually start working.

More importantly: time you do not work does not count (Art. 113 n.º 2). Absences, sick leave, parental leave, preventive suspension — all of these extend the probation by the same number of days.

This rule can sting — especially for someone with a long illness early in the contract. But it is the law. Knowing your exact end date stops you being caught by surprise.

The 5 most common probation mistakes

A list of what trips people up every week.

1. Thinking you owe 30 days notice to leave. You do not. You leave whenever you want, with no notice (Art. 114 n.º 1). The standard notice rule (Art. 400) only kicks in after probation ends.
2. Leaving without a written notice. If you leave verbally, you may be treated as having abandoned the job. Send an email or letter with the date — one line is enough.
3. Accepting that "180 days is normal". 180 days only applies if there is a legal justification (qualified role, first job, long-term unemployed). If you are a regular worker, your probation is 90 days. If the employer pushes 180 with no grounds, you can challenge it.
4. Not requesting Form RP-5044 when terminated. If the company ends your contract during probation, you have a right to unemployment benefit. Without RP-5044 you cannot register. Ask for it on the day of termination.
5. Confusing probation with fixed-term contract. They are different. A fixed-term contract is for a defined period (3, 6, 12 months). Inside that fixed-term contract there is a short probation (15 or 30 days). Once that probation passes, the contract continues until the end of its term.

Can the employer extend the probation?

No. The deadlines in Art. 112 are maximums. The employer cannot say "let us extend by another 30 days" once probation is running. Only a collective agreement can change it — and usually it goes downwards, not upwards.

If the employer is forcing a "renewal" or new probation in a contract that already consolidated, that is abusive. File a complaint with ACT and seek advice.

What happens with a new contract at the same company?

Here is a key rule from Art. 112 n.º 5: if you had a previous contract for the same role at the same company, or a paid internship for the same role, that time is deducted.

The rule prevents chained contracts that keep someone on permanent test.

What to ask for on departure

If you leave during probation — by your initiative or the employer's — always request these documents (Art. 341):

• Work certificate (certificado de trabalho) — role, dates, no value judgment. Mandatory for any future application.
• Form RP-5044 — only relevant if the employer ended the contract. The key to unemployment benefit.
• Final settlement statement — last month's salary, pro-rata holiday and Christmas bonuses, plus any outstanding overtime or premium.
• Tax declaration — annual earnings up to your departure date.

If you do not receive these on the day you leave, email and give a 5-working-day deadline. If they still do not respond, file a complaint with ACT.

Next steps

For each typical situation, here is what to do next:

• You were dismissed during probation → request RP-5044 + work certificate, run the unemployment benefit diagnostic, register at IEFP within 90 days.
• You want to leave during probation → send email communicating departure from date X, request final settlement, keep a copy. If you have unused holiday, calculate what you are owed.
• Probation has gone long and you suspect a discriminatory reason → gather evidence (emails, messages, witnesses), seek advice, you have 60 days to challenge.
• You are signing a new contract and the probation looks excessive → read the Art. 112 table above, negotiate a written reduction before signing.
• You left during probation and want to understand the other 5 routes of contract termination → read the pillar guide on termination of employment.