Is a probation period required in Portugal?

The probation period can be removed from the Employment Agreement, although we always recommend having it.

Probation Periods for indefinite contracts usually the following duration:

• 90 days (3 months) for the general workers;
• 180 days (6 months) for workers that:
  • Do technical jobs, have a high degree of responsibility, or need any special qualification for;
  • Do trust-based jobs;
  • Are looking for their first job or long-time unemployed workers;
• 240 days for any directing jobs or high staff.

We usually are within the 6 months category.

The probationary period cannot be increased, but can be reduced or eliminated by the two parties signing the employment agreement. We do not recommend removing the probation period, as it can make termination difficult in the future. The tenure of an employee counts from the beginning of the probationary period.

Please take into account that the probation period for people looking for their first job was considered unconstitutional in July 2021 by the Constitutional Court. With mandatory general force, in the part that refers to the increase from 90 days to 180 days of the trial period for people who are looking for their first job, when applicable to employees who have previously been hired, on a fixed-term basis, for a period equal to or exceeding 90 days, by another employer. So this probation period should be used carefully.