What are the rights of foreign workers in Portugal?

Authorized to exercise a professional activity, the foreign worker enjoys the same rights and is subject to the same duties as persons with Portuguese nationality.

What are the main duties of the worker?

  1. a) Respect and treat the employer, superiors, co-workers and people who relate to the company, with urbanity and probity;
  2. b) Attend the service with assiduity and punctuality;
  3. c) Carry out the work with zeal and diligence;
  4. d) Participate diligently in professional training actions provided by the employer;
  5. e) Comply with the employer’s orders and instructions regarding execution or discipline in work, as well as occupational safety and health, which are not contrary to their rights or guarantees;
  6. f) To retain loyalty to the employer, namely by not negotiating on their own account or competing with him, nor disclosing information regarding his organization, production or business methods;
  7. g) Watch over the conservation and good use of work-related assets assigned to him entrusted by the employer;
  8. h) Promote or carry out acts aimed at improving the company’s productivity;
  9. i) Cooperate to improve safety and health at work, namely through representatives of workers elected for that purpose;
  10. j) Comply with the safety and health at work regulations that arise from the law or collective labor regulation instrument.

What are the main guarantees of the worker?

The employer is not allowed to:

  1. a) Oppose, in any way, that the worker exercises his rights, as well as fire him, apply another sanction, or treat him unfavorably because of that exercise;
  2. b) Unjustly obstructing the effective provision of work;
  3. c) Pressure the worker to act in order to influence unfavorably his or is workmates’ working conditions;
  4. e) Change the employee to a lower category, except in the cases provided for in the Labour Code;
  5. f) Transfer the worker to another place of work, except in the cases provided for in the Labour Code or collective labor regulation instrument, or when there is an agreement;
  6. g) Assign the worker for use by a third party, except in the cases provided for in the Labor Code or in an instrument of collective labor regulation;
  7. h) Compel the worker to purchase goods or services from himself or from the person indicated by him;
  8. i) To exploit, for profit, a canteen, cafeteria, storeroom or other establishment directly related to work, to supply goods or provide services to its workers;
  9. j) Terminate the contract and readmit the worker, even with his agreement, with the purpose of harming him in law or guarantee arising from seniority.

Source: High Commissioner for Migration (ACM)

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