Unjustified absences in Portugal: 5 consequences under Art. 256

What counts as an unjustified absence

Art. 248 n.º 1 defines an absence as missing work during the normal daily working period. Art. 249 lists the justified absences (illness, bereavement, marriage, court hearing, election, blood donation, training, family assistance). Anything else falls under Art. 255: unjustified absence.

In practice, an absence is unjustified when:

• The reason is not on the list of Art. 249.
• It was not communicated within the legal deadline (Art. 250 for foreseeable, Art. 251 for unforeseeable).
• Proof cannot be produced within the Art. 254 deadline (15 days after returning).
• The reason is valid but the worker refuses to provide the reasonable proof the employer can request (Art. 252).

Consequence 1 — You lose the day's salary (Art. 256 n.º 1)

The employer deducts the salary matching the absence period. For a full day: 1/30 of the monthly base salary (or 1/22 if the company runs the calculation on working days — depends on the regime). Includes meal allowance when applicable.

Consequence 2 — Does not count for seniority

Art. 256 n.º 1 closes with the line: "which is not counted in the worker's seniority". Translation: the day of the unjustified absence disappears from your length of service.

It looks small but has long-term effects:

• Severance for dismissal (Art. 366): calculated on full years. Time lost to unjustified absences can be the difference between 5 and 6 times the "annual fraction".
• Notice period for resignation (Art. 400): 30 days up to 2 years of service, 60 days above. Unjustified absences that pull the count below the 2-year threshold cost you 30 days of notice.
• Seniority allowances and CCT progressions: many collective agreements provide raises by length of service. The reduction can delay the trigger.

[Common interpretation:] in practice, occasional unjustified absences rarely move the needle on seniority — you'd need a steady accumulation. But in borderline dismissal cases (e.g. 11 months + absences), the math can favour the employer.

Consequence 3 — Absences next to holidays cost more (Art. 256 n.º 3)

This is the most punitive provision and the one most workers don't know.

Art. 256 n.º 3 treats as a serious infraction the unjustified absences from one or half a normal daily working period immediately before or after rest days or public holidays.

In parallel, n.º 2 of the same article states that, in that situation, the worker also loses the pay matching the rest days or holidays in between.

Practical outcome: missing a Friday to "make a long weekend" can cost you the salary for Friday + Saturday + Sunday, even though the weekend would normally be paid.

[Common interpretation:] the rule applies when the absence is at the edges (before or after) the rest day/holiday — not in the middle of the week. Some court decisions narrow the scope, but the literal reading of the law gets you 3 days deducted.

Consequence 4 — Dismissal trigger with just cause

Art. 351 n.º 2 g) lists, among the situations that constitute just cause for dismissal:

"Unjustified absences that directly cause serious damage or risk to the company, or that reach, in each calendar year, 5 consecutive or 10 non-consecutive, regardless of damage or risk."

Translated into two rules:

1. Five consecutive unjustified absences within the calendar year → the employer has grounds to start a disciplinary procedure aimed at dismissal.
2. Ten non-consecutive unjustified absences within the calendar year (spread out) → same.

The counter runs by calendar year (1 Jan to 31 Dec), not by rolling 12 months — a common trap.

Important: dismissal is not automatic. There must be a disciplinary procedure with a written charge (Art. 353), a 10-working-day right to reply (Art. 355), and a reasoned decision (Art. 357). Absences justified later (within Art. 254's window) drop out of the count.

Consequence 5 — Impact on Christmas and holiday bonuses

Christmas bonus (Art. 263): the base value equals one month of base salary + seniority allowances, but calculated by the formula "effective work days ÷ 365 × salary". Unjustified absences reduce the numerator and therefore the final value.

Holiday days: as a rule, holidays accrue over the full year (Art. 237 — 22 working days). But if unjustified absences are many, the employer can apply Art. 238 n.º 3 for a proportional reduction. Each case depends on the CCT and practice.

What does NOT count as an unjustified absence

Some situations get logged as unjustified by mistake (or in bad faith). These sit in protected ground — they should not be treated as unjustified:

• Short tardiness without justification: Art. 256 n.º 6 treats lateness up to 30 or 60 minutes at the start of the shift (depending on CCT) as tardiness, not as an absence. No full-day deduction applies.
• Absence with proof delivered on time: if you delivered proof within 15 days (Art. 254), it's justified.
• Absence due to court order or employer: preventive suspension (Art. 254) or third-party impediment (Art. 249 n.º 2 j) is justified.
• Breastfeeding or parental leave: the leaves under Art. 35 and following are not "absences" — they are statutory leaves.
• Strike: suspends the contract but does not count as an absence (Strike Law).
• Refusing overtime the law allows you to refuse: not an absence — it's exercising a right (Arts. 227 + 228).

How to reverse it into justified

You have a short window to deliver proof. 4-step plan:

1. Notify your manager + HR in writing immediately. Email with the concrete reason and a note that proof will follow within 15 days. Keep a screenshot.

2. Gather the reasonable proof: medical certificate, CIT from Social Security, court summons, marriage certificate, school statement, etc. Art. 252 lets the employer demand reasonable proof — but reasonable means proportionate, not invasive (no diagnosis can be requested, only the CIT).

3. Request payroll correction. By email, citing Art. 254 and Art. 253 n.º 1 if the absence type is paid. The company must reprocess.

4. If they refuse, file with ACT. Unpaid wages are a labour offence (Arts. 278 + 323). In parallel, you can build a case for constructive dismissal with just cause (Art. 394 n.º 5) by stacking the issue with other infractions.

5 typical mistakes that cost dearly

1. Thinking "unpaid = doesn't count" and disappearing. Unjustified absences count for the dismissal trigger (Art. 351 n.º 2 g). Five in a row is enough.

2. Missing the Friday before a holiday/weekend. Art. 256 n.º 2 and 3 charge you up to 3 days and qualify it as a serious infraction. Risk of disciplinary procedure.

3. Not delivering proof within 15 days. After Art. 254's window closes, the employer can refuse reclassification even with legitimate proof.

4. Arguing verbally instead of writing. Without written records (email, internal platform), you cannot escalate to ACT. Written communication is your only defence.

5. Accepting "either use holidays or lose pay" when the absence is unjustified. Art. 257 only applies to justified absences that would be unpaid. Unjustified absences do not convert into holidays — the employer cannot force that swap.

Practical scenarios: what to do in each case

Useful links

• Justified vs unjustified absences — pillar guide — all absences, full table, applicable rule.
• Foreseeable absence — how to notify the company (Art. 250) — to avoid being downgraded to unjustified due to poor communication.
• Unforeseeable absence — how to notify and prove (Art. 251) — sudden illness, ER, child hospitalisation.
• Received a disciplinary notice — what to do — if absences escalated to a formal procedure.
• Justified absences: when you lose salary — Art. 253 and the exceptions.
• Christmas bonus calculator — see the exact impact of absences.