Rights
There are countless workers in Portugal who carry out their professional activity through temporary work. As with all other schemes, they are also protected by legislation.
It is essential that they know their rights to ensure a fair and safe working environment.
The legislation covering temporary work is set out in Section VI of the Labor Code, starting with Article 172 and ending with Article 192.
The following are some of the rights of a temporary worker:
– A temporary work contract, which must contain information such as the duration of the contract, the salary, the working hours, the place of work and the tasks to be carried out.
– Equal treatment with the permanent employees of the user company. This includes equal pay for equal work, access to benefits and training.
– A maximum number of working hours per week, just like permanent workers, regular breaks and compulsory weekly rest, as established by Portuguese labor legislation.
– Paid vacations, vacation and Christmas bonuses proportional to the period of work carried out. If the worker is hired for an indefinite period of time, their vacation pay and allowances will be calculated on the basis of the average pay over the last 12 months, or over the period of their contract, if this is shorter. If the employee works for more than one user company during the year, Christmas and vacation bonuses are calculated according to the last 12 months’ pay.
– The right not to be discriminated against on the basis of characteristics such as gender, age, race, religion or sexual orientation. The user company and the temporary employment agency must guarantee equal opportunities and treat all workers with dignity and respect.
With regard to health and safety at work, the user company must guarantee the implementation of all necessary safety measures and provide adequate information to temporary workers about risks and prevention measures.
In social terms, temporary workers are entitled to social protection, such as occupational accident insurance, medical care and social security rights.
The law requires the company where the temporary worker is working to notify the worker if there are vacancies in jobs with similar functions to their own, so that they can apply.
In the event of dismissal, the compensation to be received by temporary workers is 24 days per year, plus proportional amounts relating to allowances or leave not taken.
With regard to compulsory training, the worker is entitled to 40 hours of professional training per year at the temporary work company’s expense. This is the case as long as the contract lasts more than 3 months.
If the company that takes on the worker fails to pay the compensation, the temporary agency will pay it.
To receive these amounts, the worker must make a claim within 30 days of the end of the employment contract and inform the employment center so that the respective payment can be made.
Temporary workers play an essential role in Portugal’s economy and have legal rights that must be respected.
User companies and temporary employment agencies also have a responsibility to comply with these legal obligations and provide a suitable working environment for these workers.
Are you interested in working at Timing?
Find out about all the job opportunities we have available and apply in just a few minutes!
