New working rules are now in force for posted workers in Portugal. This article explains further.
Long-term posting rules
Where the effective duration of a posting exceeds 12 months, posted workers are entitled to all the applicable terms and conditions ?of employment which are laid down in Portuguese law or in collective agreements which have been declared universally applicable, irrespective of which law applies to the employment relationship.
There are exceptions for:
- the rules concerning the conclusion and termination of the employment contract, including non-compete clauses; and
- supplementary occupational retirement pension schemes.
Where the service provider submits a motivated notification, the Labour Inspection Authority will extend the 12-month period to 18 months.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.