Sexual harassment at work in Portugal: how to prove it and report it (2026)

A late night message asking "what do you wear to bed". A hand on your lower back when you pass in the corridor. Comments about your body during coffee break. The insistence on going out with you after you already said no. It is not right. You know it is not right. And Portuguese law agrees. It has a specific definition and faster routes than for workplace bullying.

This guide explains what counts as sexual harassment in the Labour Code, why a single episode can be enough, how to build evidence even when there are no witnesses, and the four legal paths you have: internal complaint, ACT, CITE and criminal complaint. Each with timeframes and what to expect.

The legal definition

Art. 29 n.º 3 of the Portuguese Labour Code, in plain English:

Sexual harassment is unwanted behaviour of a sexual nature, in verbal, non verbal or physical form, with the purpose or effect referred to in the previous paragraph: affecting dignity or creating a hostile, intimidating, degrading, humiliating or destabilising environment.

This rule is more direct than the one for workplace bullying. Three points to notice.

1. "Of a sexual nature". It covers much more than touching. It includes words (comments about looks, intimate questions, remarks about your body), non verbal cues (insistent staring, showing images, gestures), exposure (sexual images on a phone turned towards you) and of course any physical contact without consent.

2. "Unwanted". You define it. Not the manager, not the harasser, not HR. If you said, wrote or showed, through words, body language or a change in your behaviour, that this bothers you, the element is met. You do not need to have said "no" out loud the first time. The law does not require it.

3. "Purpose or effect". You do not need to prove sexual intent on the other side. The effect of affecting your dignity is enough. The typical defence, "I was just joking", does not cut the case.

And there is one thing that sets sexual harassment apart from workplace bullying: Art. 29 n.º 5 treats the practice expressly as a very serious disciplinary infraction and a source of civil liability, which can stack with criminal liability.

The difference vs workplace bullying: one episode can be enough

In workplace bullying, courts typically require a repeated pattern over weeks or months (see Workplace bullying in Portugal). In sexual harassment, a single serious act can be enough.

This is in the law and in the case law. A forced kiss, touching of an intimate area, indecent exposure, an explicit message with implicit threat. Any of these is, by itself, unwanted behaviour of a sexual nature with effect on dignity.

For lighter conduct (intimate questions, persistent invitations, comments about appearance), the practical rule goes back to the pattern test: collect 2 or 3 documented episodes before filing a formal complaint. For serious conduct, act now.

7 practical signs that usually count

This list is open, not closed by law. But every item below appeared in cases won in Portuguese labour court.

1. Physical contact without consent. Touching the waist, the back, the leg. Unsolicited kiss on the cheek. Prolonged hug. Brushing against "by mistake". Even gestures socially disguised count if they are repeated and directed.

2. Comments about your body, your clothes, your private life. "You look great today", "that skirt suits you", "do you have a boyfriend?". Even "compliments" come in if they are persistent or if you already made clear they bother you.

3. Out of hours messages with intimate tone. WhatsApp at night, emails at dawn, personal questions through professional channels. Invitations to meet after you already said no.

4. Display of sexual content. Showing photos or videos on the phone. Images on screens. Jokes with explicit sexual references in meetings. Computer wallpaper.

5. Insinuations linked to professional benefits. "If you are nice to me, I will help with the raise". "It will go better if we go out one day". Even subtle. This is the classic quid pro quo form (in exchange for something) and carries huge weight in court.

6. Insistent staring and following. Visible, sustained looking at the body. Showing up where you usually are (cafeteria, bus stop, park) with no work reason.

7. Retaliation after a refusal. What looked like interest turns into coldness, exclusion, unfair criticism, overload. If the curve clearly changed after you refused an invitation or pulled back, it is part of the pattern.

What is NOT sexual harassment (practical lines)

For the case to stand, you need to know what does not win.

• A consensual relationship between adults. If it was mutual and clearly wanted, there is no harassment. The law does not police personal relationships both parties want.
• Normal workplace courtesy. Greeting, asking about the weekend, an occasional non sexual remark with no insistence. Not harassment.
• Unrequited attraction with no directed behaviour. If the other person has feelings but does not act on you, there is no case.
• Professional disagreements. Criticism of your work, a negative review, a firm order. Not sexual harassment just because it comes from someone of the opposite sex.

The test question is simple: I showed this bothers me. Did the behaviour continue or get worse? If yes, there is a case. If it was a one off without repetition and without seriousness, it is unlikely to be treated as harassment in legal terms.

How to build evidence

In sexual harassment, evidence is everything. Without it, it is word against word. With it, you win in conciliation or in court.

Written evidence, the strongest:

• Messages (WhatsApp, SMS, Messenger, email). Screenshot with date and time visible, send to your personal email.
• Work communications with intimate tone out of context. Even the "innocent" ones.
• Performance reviews. If you were "very good" and the criteria changed suddenly after you refused, that is evidence of retaliation.
• Documented invitations and refusals. If there was insistence, show the pattern.

Witnesses:

• Colleagues who saw or heard episodes. Write down names, dates, context.
• People you told at the time: partner, sister, best friend, family doctor. In court, these statements count as evidence of impact.
• Former colleagues who already left are often more available than current ones.

Medical evidence:

• Appointment with family doctor or psychology. Ask them to record the work link. No need for full detail, just "work related stress, harassment complaints".
• CIT (medical certificate) from sick leave you took.
• Prescriptions for anti anxiety, anti depressants or sleep medication with dates.

Incident diary. This piece is decisive. Create a document (email to yourself, dated file) with every episode: day, time, location, who was there, what was said or done, how you reacted, how you felt. In court, a contemporaneous diary carries huge weight.

Audio recordings. Accepted in labour court if you are a party to the conversation. Video of others without consent is riskier. When in doubt, prefer messages and witnesses.

Art. 25 — burden of proof reversed

When there are indications of sex based discrimination (not full proof, indications), the burden flips to the company. You show the pattern. The company must prove the behaviour was not discriminatory.

Art. 25 n.º 5 CT sets this principle. Courts apply it to sexual harassment almost always, because sexual harassment is itself sex based discrimination.

In practice: if you can gather solid indications (2 or 3 episodes, a witness, a medical record), you pass a lower bar. The company will have to explain.

The 4 legal paths

You do not need to choose right away. Each path has its own cost, timeframe and result. You can use more than one in parallel.

Path 1 — Internal complaint (mandatory channel in companies with 50+ workers)

Law 93/2021 requires companies with 50 or more workers to have an internal reporting channel. It works like this:

1. You file a formal written complaint (email, form, dedicated platform).
2. The company has 7 days to acknowledge and up to 3 months to investigate and answer.
3. Your identity is protected. Only those handling the complaint know.
4. If the investigation confirms it, there is a disciplinary sanction for the harasser.

When it makes sense: you want to stay with the company, the harasser is not the top management, and you want to give the formal channel a chance.

When it does not make sense: the harasser is the owner, a director or your direct boss with power over your evaluation. Then escalate.

Path 2 — Complaint to CITE

CITE (Commission for Equality in Labour and Employment) has specific competence over sex based discrimination, including sexual harassment. In sexual harassment cases, this is often the fastest and most focused channel.

CITE can:

• Issue a reasoned opinion on your situation. This opinion counts as evidence in labour court.
• Coordinate with ACT for inspection.
• Support you through the procedure.

The complaint is free, online or by post. The opinion usually comes out within 30 business days (depending on the workload).

Upside: specialised body, no costs, opinion that carries weight. Limit: the opinion does not replace a court decision. If the company contests, you go to court.

Path 3 — Complaint to ACT

A complaint to ACT (the Portuguese labour authority) can be identified, confidential or anonymous. ACT can inspect the company, apply fines (up to roughly 61,200 € in large companies for very serious infractions) and issue an official record that counts as evidence in court.

Upside: you can keep your job during the investigation. The fine hits the company. Limit: ACT takes time (3 to 6 months typical) and the result is a fine, not compensation for you.

See guide: How to file an ACT complaint in 10 minutes.

Path 4 — Criminal complaint to the Public Prosecutor

Sexual harassment can also be a crime, depending on the conduct. There are two typical types in the Portuguese Penal Code:

• Sexual molestation (Art. 170 PC) — anyone who molests another person by performing an exhibitionist act in their presence, by making a proposal of a sexual nature or by coercing them into sexual contact. Semi public crime, prescribes in 5 years. Penalty: imprisonment up to 1 year or fine up to 120 days.
• Sexual coercion (Art. 163 PC) — anyone who, through violence, serious threat or another means, coerces another person into suffering or performing a sexual act of relevance. Public crime, prescribes in 10 years. Penalty: imprisonment from 1 to 8 years.

How to file a criminal complaint:

1. Go to any PSP police station, GNR post or directly to the Public Prosecutor's office.
2. Bring your documentation (screenshots, diary, witnesses).
3. Decide whether you want APAV support (helpline 116 006, free). The support matters and does not commit you to anything.

The criminal complaint and the labour action run in parallel. You do not have to choose.

In parallel: resignation with just cause (Art. 394 n.º 2 al. f)

This is the path to leave with severance and unemployment benefit. Use it when the four above are not enough or when you already decided to leave.

How it works:

1. Registered letter with acknowledgement of receipt (or hand delivery with signed copy) where you state the concrete facts and invoke Art. 394 n.º 2 al. f, physical or moral harm.
2. Deadline: 30 days from the last episode (Art. 395 CT). Past that, you lose this path.
3. The contract ends immediately. You receive:
   • Severance of 15 to 45 days of base pay plus seniority bonuses per full year, minimum of 3 months (Art. 396 CT).
   • Unemployment benefit at IEFP. Just cause by the employee qualifies for access.
   • Final account of unused holidays, pro rata holiday and Christmas allowances.
4. The company can contest within 30 days. If it does not contest, it closes.

Retaliation — they cannot harm you for complaining

Art. 331 of the Labour Code prohibits retaliation against anyone who reports, complains or testifies in a harassment case. Law 93/2021 reinforces this: within 12 months after the complaint, if the company fires you, sanctions you, changes your duties for the worse or harms you in any way, retaliation is presumed and the burden flips.

If the company cannot prove an independent motive, the dismissal or sanction is unlawful. You are entitled to:

• Reinstatement, or
• Aggravated severance (in some cases up to 60 days per year of service).
• Non material damages (decided by the judge).

Document everything that happens after the complaint. Even what looks harmless. A change in your manager's tone, schedule changes, "new" status meetings, tasks taken away. All of this can fit a retaliation pattern.

How to tie it all together — the practical 4 step path

Step 1 — Document now. Dated incident diary, screenshots sent to your personal email, list of witnesses with names and dates. This week, before deciding what to do.

Step 2 — Doctor if health is at stake. Family doctor or psychology. Ask them to record the link to work. If you are unwell, take sick leave. Sick leave does not solve harassment but gives you time, protection (Art. 23 CT bans dismissal for sick leave, see Can they fire me on sick leave) and clinical evidence.

Step 3 — APAV support if you need guidance. Helpline 116 006, free, confidential. They help you organise the complaint, accompany you in person if you want, and provide emotional support. You are not forced to file anything. It is just support to understand your options.

Step 4 — Choose the path based on your goal:

• I want to stay and stop this: internal complaint if there is a channel (50+ workers), then CITE plus ACT if it fails.
• It was a serious isolated act: criminal complaint to the Public Prosecutor plus CITE plus resignation with just cause in parallel (30 day deadline).
• I want to leave with severance and benefit: resignation with just cause under Art. 394 n.º 2 al. f, within 30 days of the last episode.
• I already left or it was collective: judicial action for non material damages (1 year deadline after termination, Art. 337 CT).

You do not need to do everything and you do not need to do it now. Document, pick the right piece, move at your pace.

• To complain internally: internal harassment template.
• To leave with severance: resignation with just cause template and severance calculator.
• If there is also workplace bullying: workplace bullying guide.
• If you are already on sick leave because of this: can they fire me on sick leave.
• To understand the ACT complaint in detail: how to file an ACT complaint in 10 minutes.