Pregnant, Postpartum and Breastfeeding Workers: Labour Rights and Dismissal Rules

Pregnant, postpartum and breastfeeding workers benefit from special protection under Labour Law. This safeguard aims to reconcile professional and family life, giving effect to the constitutional right to form a family and ensuring the application of international instruments, such as the Convention on the Elimination of All Forms of Discrimination against Women. This protection grants rights to the worker that prevail over the employer’s managerial and disciplinary powers, thereby limiting their scope. It also imposes additional duties of justification and control in the event of termination of the employment contract.

Enhanced Protection: Essential Rights of the Worker

The enhanced protection afforded to workers under the law is reflected, in particular, in the following rights:

Prohibition of questions regarding pregnancy in recruitment contexts

Employers are prohibited from requiring information regarding health status or pregnancy during job interviews. A candidate, when faced with personal questions that intrude upon her private sphere—which must remain protected—is not obliged to disclose such information.

Parental leave and prenatal period

After hiring, pregnant workers may take part of their parental leave before childbirth, up to a limit of 30 days. They must inform the employer of this intention and submit a medical certificate indicating the expected date of delivery.

Mandatory leave after childbirth

Following childbirth, it is mandatory for the mother to take 42 consecutive days of leave. Additional types of leave are also legally предусмотрed, covering various matters related to maternity.

Exemption from certain working time arrangements

Pregnant, postpartum or breastfeeding workers are entitled to be exempted from working under the following working time arrangements:

• Adaptability schemes;

• Working time accounts (“bank of hours”);

• Compressed working schedules;

• Night work (between 8 p.m. and 7 a.m. of the following day);

• Overtime work.

Occupational health and safety

Employers must pay particular attention to the health and safety conditions of workplaces for pregnant, postpartum or breastfeeding workers, avoiding their exposure to risks to their health and safety.

Dismissal and Termination of Contract: Legal Requirements

One of the main concerns of labour legislators is to ensure the continuity of employment contracts. Accordingly, where the termination of the contract of a pregnant, postpartum or breastfeeding worker is at issue, on the employer’s initiative, special legal protections must be implemented.

Prior opinion of CITE

Where the termination of the employment contract of a pregnant, postpartum or breastfeeding worker—or of a worker on parental leave—results from dismissal in any of its forms, its effectiveness always depends on a prior opinion from CITE (Commission for Equality in Labour and Employment).
Failure to request a prior opinion from CITE constitutes not only a serious administrative offence, but also renders the dismissal unlawful.

Presumption of dismissal without just cause

Where dismissal is triggered by a fact attributable to a pregnant, postpartum or breastfeeding worker, it is presumed to have been carried out without just cause. This presumption places an increased burden of proof on the employer to demonstrate the existence of legal grounds for dismissal.

Unfavourable opinion of CITE

If CITE issues an unfavourable opinion regarding the dismissal and the employer nevertheless intends to proceed with it, the matter must mandatorily be subject to judicial review.

Fixed-term contracts and non-renewal

In the case of a fixed-term employment contract that ceases due to the employer’s opposition to its renewal, the employer must inform CITE of the reason supporting the non-renewal whenever it involves a pregnant, postpartum or breastfeeding worker, or a worker on parental leave.

Strict regime and enhanced oversight

In summary, termination of the contract in these situations is subject to a strict and closely monitored regime, in which the role of CITE is particularly relevant as a mechanism for preventing discrimination. Employers must act with particular caution, ensuring strict compliance with legal requirements and the existence of solid grounds, under penalty of invalidity of the dismissal and administrative liability.

Final Considerations

The regime applicable to pregnant, postpartum and breastfeeding workers reflects enhanced protection within the Portuguese labour legal system. It imposes clear limits on the employer’s actions and requires strict compliance with formal procedures in the event of contract termination.

Both workers and employers must be aware of the rights and duties involved. An informed and legally grounded approach is essential. The complexity of these situations makes it advisable to seek specialised legal advice, with a view to preventing disputes and ensuring compliance with the law.

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