Portugal has become an attractive destination for many international companies, particularly Spanish businesses, that temporarily post employees to the country to carry out international projects, provide cross-border services to local clients, or coordinate operations between different entities of the same corporate group established in Portugal.
Within the European Union, the temporary posting of workers is one of the main mechanisms facilitating cross-border business activities. However, the legal framework governing intra-EU postings has become increasingly stringent, with each Member State implementing the European Posted Workers Directive into its national legislation.
In Portugal, Decree-Law No. 101-E/2020 establishes the legal framework applicable to posted workers, setting out specific obligations for all European companies temporarily posting employees to the country.
In recent years, the Portuguese labour authorities have strengthened their inspection and enforcement activities, particularly on construction sites and projects involving foreign companies. In this context, companies are strongly advised to plan their projects carefully before commencement to ensure full compliance with Portuguese legislation and avoid potential penalties or disruptions to business operations.
Key Obligations for Companies Posting Workers to Portugal
Companies posting employees temporarily to Portugal must ensure that, throughout the duration of the assignment, the workers benefit from certain employment conditions required under Portuguese law.
Among other obligations, employers should assess and, where necessary, comply with:
- The minimum salary conditions generally applicable in Portugal;
- Any collective bargaining agreements that may apply depending on the activity carried out in the country;
- Working time and rest period requirements;
- Rules relating to paid annual leave, equal treatment, and occupational health and safety;
- Administrative formalities and mandatory notifications to the competent Portuguese labour authorities.
A preliminary assessment of the posting project is particularly important, as it allows companies to accurately determine the activities to be performed by the employees in Portugal and assess whether any specific exemptions from the general obligations under the Portuguese posted workers legislation may apply.
Planning to Post Workers to Portugal? We Can Help
At Feliu N&I, we support both national and international companies in the planning and comprehensive management of temporary employee postings throughout the European Union.
We also have extensive experience advising companies seeking to expand their operations into Portugal and work closely with trusted Portuguese partners who provide direct assistance with all procedures relating to the posting of foreign workers.
Our multidisciplinary team, specialised in international mobility, corporate immigration, and international employment law, provides advice throughout every stage of the process, including:
- Preliminary feasibility assessments;
- Review of employment law obligations applicable in Portugal;
- Immigration planning;
- Document preparation and administrative compliance;
- Analysis of applicable collective bargaining agreements;
- Assessment of tax and social security implications.
In addition, we closely monitor legislative developments and regulatory changes affecting international workforce mobility, enabling companies to operate with greater legal certainty while minimising risks during the implementation of international projects.
For further information on the temporary posting of workers to Portugal and the applicable posted workers requirements, our team will be pleased to assist you.
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