My employment contract was not put in writing — is it valid?

The Agenda Laboral is a segment by Caiado Guerreiro, featuring lawyers Carolina Rodrigues Pinheiro and Norberto Ferreira, where doubts and questions in the Labor Law area are clarified. This week’s topic is: “My employment contract was not put in writing — is it valid?”
Articles 31/10/2025

The answer to this question depends on the type of contract. In fact, the law states that an employment contract does not depend on being made in a specific form, except in special cases. Some examples of such special situations are fixed-term contracts, service commission contracts, part-time contracts, employment promise agreements, contracts with multiple employers, among others.

In summary, the contract is valid if it does not fall within one of the exceptional situations provided for by law. Although the Labor Code establishes that, as a general rule, an employment contract does not need to follow a specific form, there are certain situations in which a written form is mandatory. Therefore, it is recommended that employment contracts always be put in writing — not only to safeguard both parties and their interests but also to ensure compliance with the law in those exceptional cases where a written form is required.


The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

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  • Labour

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