With the arrival of summer and the increase in activity in sectors such as tourism, hospitality, restaurants and agriculture, many companies face temporary workforce needs. The very short-term employment contract, provided for in article 142 of the Portuguese Labour Code, may be a useful tool to address exceptional and short-term peaks in activity, allowing employers to hire workers for limited periods without the formal requirements of a written contract, provided that the legal conditions are met.
Legal requirements and limits that employers must comply with
Despite it flexibility, this type of contract is subject to specific requirements and limits that must be strictly observed by the employer. Its use is intended for seasonal activities or to meet short-term workforce needs, and each contract may not exceed 35 days, nor may the total annual duration with the same employee exceed 70 days.
Although the regime exempts certain formalities, namely the requirement for a written contract, fundamental obligations remain, including notification to Social Security and compliance with the applicable rules regarding remuneration, rest periods and workplace safety. Failure to comply with these requirements may give rise to significant labour risks.
Preventive planning to minimise disputes and contingencies
For this mechanism to represent an effective advantage, its use must be based on careful and legally compliant planning. It is essential for the employer to assess whether the hiring need genuinely corresponds to a temporary and legally admissible necessity, avoiding the use of this regime to fulfil permanent functions or structural needs of the company.
At a particularly demanding time for the tourism sector, the adoption of preventive labour practices may reduce exposure to disputes, administrative offences and reputational impacts, while simultaneously promoting safer and more efficient management during the peak season.
Potential legal consequences
Under paragraph 3 of article 142, the breach of any legal requirement applicable to a very short-term employment contract results in a particularly significant consequence for the employer: the contract is deemed to have been concluded for a six-month term.
For this purpose, the law further establishes that the duration of previous contracts entered into under the same regime must also be taken into account, reinforcing the need for strict control over the successive use of this contractual modality.
In practice, non-compliance with the rules applicable to this type of hiring may eliminate the flexibility initially sought and generate broader labour obligations than those anticipated by the employer. For this reason, prior verification of the legal requirements and careful monitoring are essential to prevent the automatic reclassification of the employment relationship and to reduce increased legal risks.
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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.