In reaction to the intention of the XXV Portuguese Government to amend the Labour Code, the main trade union associations called a general strike scheduled for 11 December 2025.<\/p>\n
It is therefore necessary to identify the legal consequences of a strike on the relationship between employee and employer.<\/p>\n
The right to strike is constitutionally enshrined in Article 57 of the Portuguese Constitution and is considered an unwaivable right, pursuant to Article 530(3) of the Labour Code. This means that an individual employment contract cannot exclude a worker\u2019s right to strike, nor may the employer carry out any act that implies coercion, disadvantage, or discrimination against a worker for joining or not joining a strike.<\/p>\n
A regularly declared strike\u2014that is, one that complies with the statutory notice period and other legal requirements\u2014produces an essential effect on the employment relationship: the suspension of the employment contract<\/strong>.<\/p>\n Suspension entails the maintenance of rights, duties, and guarantees of the parties that do not presuppose actual performance of work. In practice, this means that the worker is released from the duty of attendance and the regime of absences does not apply; however, the worker who participates in the strike will not be remunerated<\/strong> for the days of absence justified by the strike.<\/p>\n The regime set out in the Portuguese Labour Code aims to achieve a neutral balance: the worker is not penalised for joining the strike and seniority continues to accrue as if work had been performed, while the employer is not required to pay remuneration for days on which workers do not report to work because they exercised their right to strike.<\/p>\n Conversely, if a strike is declared or carried out unlawfully, the worker\u2019s absence is treated as an unjustified absence<\/strong>, with the corresponding consequences, including disciplinary implications and loss of pay.<\/p>\n Calling a general strike without complying with the mandatory notice period \u2014 which prevents the employer from anticipating workers\u2019 absence or adjusting business operations accordingly \u2014 may cause serious harm to companies.<\/p>\n Thus, when there is an intention to exercise the right to strike, trade union associations or the workers\u2019 assembly must notify employers or their associations, as well as the Ministry responsible for labour matters, at least 5 or 10 working days<\/strong> in advance. A different situation concerns absences resulting from the impossibility of attending work due to a strike by third parties \u2014 for example, when a worker cannot report to work because of a transport sector strike.<\/p>\n In the absence of an agreement to the contrary, such absences tend to be treated as unjustified<\/strong>, with loss of remuneration, and it is for the employer to assess the justification presented by the worker.<\/p>\n In these scenarios, alternative arrangements may be considered, such as remote work, schedule adjustments, or the taking of holidays, depending on the specific organisation of work and the employer\u2019s agreement.<\/p>\nLoss of Pay and Maintenance of Rights: A Balanced Regime<\/strong><\/h2>\n
Unlawful Strike: When Absence Becomes an Unjustified Absence<\/strong><\/h2>\n
The Importance of the Mandatory Strike Notice<\/strong><\/h3>\n
The longer period applies to companies or establishments that provide essential social services<\/strong>.<\/p>\nAbsences Due to Third-Party Strikes: When a Worker Cannot Attend Work<\/strong><\/h2>\n
Alternative Solutions: Remote Work, Schedule Adjustments and Holidays<\/strong><\/h2>\n