The Constitution of the Portuguese Republic, in Article 53, protects workers by guaranteeing job security (from the perspective of continued employment), thereby prohibiting dismissals without just cause. This constitutional safeguard has been transposed into the Labour Code, which establishes the procedural steps to be followed in order to carry out a dismissal based on employee misconduct — also referred to as dismissal with just cause.
In general terms, an employer may dismiss an employee when the latter engages in serious and culpable behaviour that makes the continuation of the employment relationship impossible. Typical examples of conduct that may justify dismissal include repeated disobedience of orders from the employer or hierarchical superior, unjustified absences from work, or significant damage to the employer’s assets. Nevertheless, just cause must be assessed on a case-by-case basis, taking into account both the seriousness of the conduct and the employee’s history.
However, even where sufficient grounds exist, a dismissal may only be effected if all procedural steps provided for in law are duly observed. This disciplinary procedure is designed to ensure that the employee is informed of the alleged infractions, is given the opportunity to respond in their defence, and may present counter-evidence. Failure to comply with these procedural safeguards constitutes grounds for the dismissal to be challenged in court. If found unlawful, the court may issue a judgment declaring the dismissal void, which can entail serious consequences for the employer: mandatory reinstatement of the employee or, alternatively, payment of compensation, back pay (including the period during which the employee was suspended or unable to work), and the imposition of fines.
Protection is significantly heightened in the case of pregnant, postpartum or breastfeeding employees, as well as employees on parental leave. In such cases, in addition to the disciplinary procedure, dismissal requires a prior opinion from the Commission for Equality in Labour and Employment (CITE), requested by the employer. Without this opinion — or proof that it has at least been requested, even if not yet issued — the dismissal is deemed unlawful.
Moreover, the Labour Code presumes that any dismissal of an employee in the above-mentioned situations is made without just cause. This means it is up to the employer to prove, in court, that the grounds invoked are sufficiently serious to justify termination of the employment contract and that all procedural requirements have been met. This presumption strengthens the protection of maternity and paternity but also increases the legal risk for employers who fail to comply strictly with the law.
In practice, labour disputes involving unlawful dismissals can result in high financial costs, reputational damage, and the imposition of fines. Therefore, before initiating any dismissal process — particularly where pregnant employees or those on parental leave are concerned — it is essential to seek legal advice and follow all legal procedures carefully.
More than a legal obligation, compliance with these rules is a way to protect the company, prevent conflicts, and promote an ethical and responsible organisational culture.
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.