I received a disciplinary notice in Portugal. What now? Step by step (2026)

You opened the envelope and there it is: a nota de culpa, your formal disciplinary notice. Your heart races. You read it twice and you barely recognise yourself in the accusations. The first thing you need to know: this is not a dismissal. It is the start of a procedure that may end in dismissal, in a smaller sanction, or in dropping the case. What you do in the next 10 working days will weigh heavily on the outcome.

This guide is the practical path: what the law says, the exact deadlines, the rights you have, the most common mistakes, and how to reply in a way that buys you time and evidence in case you do end up in court.

What is a disciplinary notice, in plain English

A nota de culpa is a letter from your employer saying "we believe you committed these breaches and we want to sanction or dismiss you for them". It is set out in Art. 353 of the Labour Code and it must obey three core rules:

1. Describe the facts. Dates, places, behaviours. Vague accusations such as "inappropriate attitudes" or "lack of professionalism" are not enough.
2. State the rules that were broken. Which Labour Code article, which contract clause, which internal regulation.
3. State the sanction the employer intends to apply. When the goal is dismissal, the notice must say so expressly.

If the disciplinary notice has no concrete facts, dates and evidence, half of your defence is already there. Portuguese case law is consistent: a vague disciplinary notice equals a null dismissal.

Step 1: Read calmly and record the date

Before anything else: the date you received the letter is what counts. Note it down immediately.

If it came by registered post with acknowledgement of receipt, the date is the day of delivery, not the day of posting. If it was hand delivered at work, demand to sign a copy with the date on it. If it arrived by email, save the email with full headers. The date is the date of sending.

How to count the 10 working days (Art. 355 n.º 1):

The day you received it does not count. Counting runs Monday to Friday, skipping Saturdays, Sundays and national public holidays. The deadline ends at 23:59 of the 10th working day.

Step 2: Ask for the full file (Art. 356)

You have the right to inspect every document the employer has put on file: emails, time records, statements from colleagues, reports, recordings. Ask for it in writing the same day you receive the notice:

"Under Art. 356 n.º 1 of the Labour Code, I hereby request full access to the disciplinary file, including all documents submitted as evidence. I also request a digital or physical copy of those documents."

If the employer refuses or stalls, write that down. It is grounds for invalidity (Art. 382 n.º 2 letter c).

Step 3: Decide your strategy

Before you write, decide what you want to achieve. There are three scenarios:

Scenario A: the facts are false or exaggerated. Your reply must challenge the notice point by point: "on day X, contrary to what is alleged, I did Y, as proven by the attached email". You name witnesses. You attach documents. You ask for the case to be dropped.

Scenario B: the facts are true but the sanction is disproportionate. You acknowledge what happened but argue with mitigating circumstances (first time, context, no harm to the company) and ask for a lesser sanction such as a written warning, loss of holiday days, fine or suspension. Dismissal is the last step on the scale (Art. 328).

Scenario C: you want to negotiate a mutual termination. In parallel with your reply, you open negotiations to end the contract with severance and access to unemployment benefit. Important: negotiations do not pause the deadline. You still need to reply to the notice within the 10 working days.

Step 4: Write the reply

Minimum structure for the reply:

1. Header. Your details, the company details, reference to the disciplinary notice and the date you received it.
2. Point by point challenge. For each fact in the notice, you either accept it, deny it or contextualise it. Cite concrete evidence.
3. Invalidities. If you noticed procedural failures (vagueness, deadlines, refusal of access), point them out clearly.
4. Mitigating circumstances. Personal or professional facts that count in your favour.
5. Witnesses. Up to 10, with full name and contact. State what each one will say.
6. Investigative steps. Documents, expert opinions or clarifications you want the employer to obtain.
7. Final request. Drop the case, lesser sanction or invalidity of the procedure.

Step 5: Deliver with proof

Sending is not enough. The reply must reach the employer within the 10 working days, and you must be able to prove that later.

Three safe ways:

Send by registered post with acknowledgement of receipt to the company head office (the address on your contract or payslip). Keep the receipt.

Hand deliver with two copies and ask for a signature, stamp and date on one of them. If they refuse, write "refused to receive" on it and have two witnesses sign.

Email to HR or to the manager, with a read receipt request. It counts as proof but it is weaker than registered post.

Do not send only by WhatsApp. Even if they reply, the employer can later argue it was not an official channel.

What the employer must do next

After receiving your reply, the employer cannot dismiss you the next day. Art. 356 sets out an investigation phase:

The employer must run the steps you asked for, such as hearing your witnesses or collecting documents. The employer can add new evidence, but if it is substantially different from the original notice, you must be given a fresh chance to defend yourself. The employer prepares a final report with the analysis and the proposed decision. Only then is the decision taken. The decision must be reasoned and in writing (Art. 357).

Total deadline: from the disciplinary notice to the final decision, the process generally cannot exceed 60 days without justified suspension. If the employer drags the process on for six months without reason, you can argue it has lapsed.

Preventive suspension: legal but with rules

The employer may suspend you from work while the process is running (Art. 354). It only makes sense when your presence at work could harm the investigation or create conflict with colleagues or clients.

Rules you need to know:

Your salary continues to be paid in full. Suspension without pay is illegal. It is not a sanction. It cannot be used to "punish" you while the decision is pending. It ends with the final decision. If the decision is dismissal and you challenge it, the suspension ends and dismissal rules apply.

If the employer suspends you and stops paying, document everything in writing, file a complaint with ACT, and use it as an argument in your reply and in court. They are also late wages (Art. 323) and you can follow the late salary path.

Most common mistakes (and how to avoid them)

1. Confessing to "make it easier". No. Even if they promise a suspension instead of dismissal, they can still fire you and now they have your confession in writing.

2. Asking for a face to face hearing instead of writing. The hearing is a trap. Under pressure, you say things that go on record and that the employer uses against you. In writing, you have 10 days to think.

3. Not naming any witnesses. You think you do not need them, that the facts speak for themselves. Wrong. Without witnesses, it is your word against the employer. Name everyone you can, including former colleagues who already left.

4. Ignoring the deadline. 10 working days are 10 working days. On day 11, the employer can move forward as if you had agreed with everything. Set the deadline on your phone calendar.

5. Discussing the case in the team WhatsApp. Anything you write can be used as evidence. Keep this only with your lawyer, your union and through official channels.

6. Negotiating mutual termination without replying. Negotiate if you want, but always reply within the 10 working days. If the negotiation falls through, you will have lost your formal defence.

And if I do get fired in the end?

If at the end of the process the employer decides to dismiss you, you have two ways to challenge it:

Path 1: court action to challenge the dismissal (300 days to file in court). If you win, you are entitled to:

Reinstatement in the same role, or severance between 15 and 45 days for each year of service (minimum 3 months), at your choice. You also receive back pay for every salary missed from the dismissal date until the court ruling.

Path 2: out of court settlement during the procedure. It can be cheaper and faster for both sides. Usually a mutual termination with a package.

If you want to understand the different types of dismissal in Portugal and your rights in each, read the pillar guide on severance pay in Portugal.

Disclaimer

This guide explains the general rules of the disciplinary procedure in the Portuguese Labour Code. Each case has its own details: collective agreements, length of service, sector, specific facts. If the dismissal goes ahead, consider getting legal support before going to court.