Regardless of the agreement between the worker and the employer, workers are entitled to leave of at least 10 consecutive working days. With the exception of these cases, restrictive agreements concluded in employment contracts or governed by collective agreements could be considered non-binding in so far as they restrict workers` freedom of work. This compensation may be paid in instalments or in a single instalment during the term of the contract. The parties may also agree on contractual penalties applicable in the event of breach of restrictive agreements. Duration of fixed-term contracts. Fixed-term contracts expire at the end of their initial or extended period, provided that they are terminated by the worker as follows: according to Portugal`s international rescue plan in 2011, Portugal simplified dismissal procedures, reduced severance pay, reduced the duration of leave and suspended a few public holidays. Non-Termination Agreement. In order to compensate the employer for the high costs associated with the worker`s vocational training, workers may also agree on redundancy agreements under which the worker undertakes not to terminate the contract for a period not exceeding three years. In addition to severance pay, workers are entitled to all other existing work credits, including arrears due before the date of dismissal (e.g.
B overtime) and the proportional amounts of the Christmas allowance and the holiday period. In the event of non-compliance with certain dismissal rules and formal procedures imposed by law, the dismissal could be considered illegal and the worker is entitled to damages; (ii) the worker`s salary (including vacation and Christmas pay) from the date of dismissal until the final decision of the court; and (iii) choose between reinstatement or compensation to be decided by the court. Mutual agreement. Workers and employers can freely agree in writing on the termination of the employment contract. The cancellation contract may be revoked by the employee within seven days of the entry into force, unless the contract is executed in respect of a notary. During the same year of work, the duration of the leave may not exceed thirty working days, except collective agreement or other instrument. As a general rule, the period of leave must be taken in the year in which it is due. In exceptional cases, workers may take the leave thereafter, provided that it takes place until 30 April of the following year and with the agreement of the employer. As a general rule, restrictive covenants are cancelled during employment or after their severance pay. However, it is possible to introduce, under certain conditions, non-competition and non-termination agreements. Redundancy. In the event that the number of workers involved does not allow a collective redundancy, a dismissal for dismissal could be an alternative.
Dismissal must be justified on the same grounds as collective redundancies and meet the following requirements: prohibitions of exclusivity and non-competition. Exclusivity clauses (during employment) and non-competition clauses (after termination) are allowed if the following conditions are met: contracts of indefinite duration. . . .