Quick guide

Probation period: what the 2026 reform wanted to change

See what the 2026 labour reform wanted to change in the probation period and why the 180 days for first jobs stay after the bill was rejected.

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Did you hear that the 2026 labour reform was going to scrap the 180-day probation period for first jobs? The proposal did exist. But it was rejected by the Assembly of the Republic on 19 June 2026. So nothing changed: the usual rules apply.

This guide shows first what the law says today. Then what the Trabalho XXI reform wanted to change in the probation period, and why that is no longer on the table.

An example first

If Diogo had already done a 4-month fixed-term contract at another company, or a paid internship with a positive evaluation, that time would be deducted from the probation (Art. 112 no. 5 and no. 6). That rule also stays.

What applies today (Art. 112)

The duration depends on the type of contract and, in open-ended contracts, on the role. These are maximum periods. They can be reduced by collective agreement or by written agreement.

Situation	Maximum duration	Legal basis
Workers in general	90 days	Art. 112 no. 1 a)
Roles of technical complexity, responsibility, qualification or trust	180 days	Art. 112 no. 1 b)
First job and the long-term unemployed	180 days	Art. 112 no. 1 b) iii)
Management and senior staff	240 days	Art. 112 no. 1 c)
Fixed-term contract of 6 months or more	30 days	Art. 112 no. 2 a)
Fixed-term contract of less than 6 months	15 days	Art. 112 no. 2 b)

There are also two rules that block double testing, which many people do not know about:

A previous fixed-term contract of 90 days or more, with another employer, reduces or excludes the probation in your first job (Art. 112 no. 5).
A paid internship with a positive evaluation of 90 days or more, in the same activity and in the last 12 months, reduces the probation (Art. 112 no. 6).

For the rest of today's rules, such as how the days are counted, how to leave and what to ask for on departure, read the base guide: Probation period in Portugal: duration, termination and rights.

What the Trabalho XXI reform wanted to change

The Trabalho XXI labour reform aimed at two points of the probation period. Both are now off the table after the rejection.

Scrap the 180 days for first jobs. The bill removed the extended 180-day period for first-job seekers and the long-term unemployed. These workers moved to the general 90 days. Seen on its own, this point actually shortened the test.
Repeal the reductions for time already worked. The bill ended the rules in no. 5 and no. 6 of Art. 112, the ones that deduct a previous fixed-term contract or internship. This point removed a protection.

The reform was rejected on 19 June 2026

The bill was approved in the Council of Ministers on 14 May 2026 and went to the Assembly of the Republic. There, in the first plenary vote of 19 June 2026, it was rejected.

In favour: PSD, IL and CDS-PP.
Against: PS, Chega, Livre, PCP, BE, PAN and JPP.

The package was huge, more than 100 changes to the Labour Code. The points that blocked a deal the most were dismissal and outsourcing, not the probation period. But because the whole package was rejected at once, the probation part fell with the rest.

What this changes for you today

In practice, nothing changes. Today, and until a new law is published in the official gazette (Diario da Republica):

Probation in a first job stays at 180 days (Art. 112 no. 1 b) iii).
The reductions for a previous fixed-term contract or internship stay (Art. 112 no. 5 and no. 6).
The company notice periods to terminate stay: 7 days after 60, 30 days after 120 (Art. 114).

One thing to watch: the Government has said it wants to try to pass the reform again. The topic may come back with a different text. For now, the current Labour Code applies.

Left during probation? Check if you qualify for unemployment benefit

If the company ended the contract, you may qualify. The Despacho check runs the rules of DL 220/2006 and tells you whether your case is a YES, CONDITIONAL or NO. 2 minutes.

Run the check →

What you can do now

Confirm your real deadline. Check the probation in your contract and compare it with the Art. 112 table above. If you are a general worker, it is 90 days. 180 days only with a legal basis.
Gather proof of time already worked. If you did a fixed-term contract or an internship before, keep the payslips or the certificate. They can reduce the probation (Art. 112 no. 5 and no. 6).
If the company lets you go, count the notice. More than 60 days passed? That is 7 days. More than 120? That is 30 days. Missing notice is paid (Art. 114 no. 4).
Ask for Form RP-5044 and register with the IEFP. If the company ended the contract, that document opens the door to unemployment benefit. Register within 90 days.

Useful links

→ Probation period in Portugal: duration, termination and rights

→ Fixed-term contracts in Portugal 2026: rules and changes

→ Labour reform 2026 in Portugal: what changes for dismissal

→ Did I quit? Will I lose unemployment benefit?

This guide is informational and does not replace individual legal advice.

Frequently asked questions

Did the probation period change with the 2026 labour reform in Portugal?+

No. The Trabalho XXI reform proposed changes to the probation period, but the labour package was rejected by the Assembly of the Republic on 19 June 2026. The current rules in Art. 112 of the Labour Code stay: 90 days in general, 180 days for qualified roles, first jobs and the long-term unemployed, and 240 days for management.

How long is the probation period for a first job in 2026?+

180 days. That is what Art. 112 no. 1, point b), sub-point iii) of the Labour Code sets for first-job seekers and the long-term unemployed. The reform wanted to cut this to the general 90 days, but it did not pass. So the 180 days still apply.

Did the reform really want to scrap the 180-day probation?+

Yes. The Trabalho XXI bill wanted to remove the extended 180-day probation for first-job seekers and the long-term unemployed, moving these workers to the general 90 days. The same bill wanted to repeal the rules that deduct time already worked. All of it fell with the rejection on 19 June 2026.

Who voted against the 2026 labour reform?+

PS, Chega, Livre, PCP, BE, PAN and JPP voted against. Only PSD, IL and CDS-PP voted in favour. The bill was rejected in the first plenary vote on 19 June 2026. The Chega vote against was decisive.

Does probation count time I already worked at another company?+

It can. Under the current law, if you had a fixed-term contract of 90 days or more with another employer, the probation in your first job is reduced or excluded (Art. 112 no. 5). The same applies to a paid internship with a positive evaluation of 90 days or more, in the same activity, in the last 12 months (Art. 112 no. 6). The reform wanted to end these reductions, but it did not pass.

How much notice must the company give to let me go during probation?+

It depends on the time already passed. None in the first 60 days. 7 days notice once more than 60 days have passed (Art. 114 no. 2). 30 days notice once more than 120 days have passed (Art. 114 no. 3). If the company does not give notice, it pays the missing days (Art. 114 no. 4).

Do I qualify for unemployment benefit if the company ends the contract during probation?+

Yes, if the company ends it and you have 360 days of contributions in the last 24 months. Termination by the employer counts as involuntary unemployment, even during probation. Ask for Form RP-5044 on termination and register with the IEFP within 90 days. If you were the one to leave, you generally have no right to it.

Could the labour reform still change the probation period later?+

It could. The Government has said it wants to try to pass the reform again, so the topic stays open. But until a new law is published in the official gazette, the current Labour Code applies. Today, the probation period is the one in Art. 112.

Official sources

6 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.