Imagine that one day you receive a letter of dismissal and, when reading, realizes that the accusations that make it do not correspond to the truth. You may feel wronged and even deadly, but the law can turn this situation into an advantage. Laboalist lawyer Victor Arpa recalls: “If they bother him on false accusations he can get compensation maximum”.
According to the Spanish news site, news works, in these processes the responsibility to prove the facts is always the company. It is not you who has to show that you did nothing, it is the employer who has to demonstrate, with concrete evidence, that there was a serious misconduct. And, as Arpa recalls, “if the facts have been invented, what is said to be statement.”
What the Portuguese law really requires
According to the Labor Code, disciplinary dismissal is only allowed when there is a guilty and severe behavior by the worker, as referred to in article 351. Examples include repeated unjustified absences, direct disobedience, physical or verbal offenses, or situations where productivity is intentionally and continuously reduced.
But the law is not around. Article 357 determines that the decision must be written and clearly detail the facts that justify it, as well as the date and effects of the dismissal. If the letter that received does not comply with these requirements, the Court may consider it invalid.
What happens if the company does not prove
Here comes the three possible scenarios:
- The dismissal is well founded when the facts are proven and there is no indemnity.
- It is unfounded whether the facts are not demonstrated or if there are formal failures, giving it the right to financial compensation.
- And it is null and void when it violates fundamental rights or reaches workers in special situations, such as pregnancy, parental license or low medical (article 381).
If your dismissal is considered unfounded, the company will have to choose: reinstate it or pay you compensation ranging from 15 to 45 days of salary for each year of work, with a minimum of three months (article 391). If it is null, the reintegration is mandatory and the company will have to pay you all salaries since it came out (article 389).
According to News, in practice many companies prefer to negotiate and pay values above legal, avoiding reintegration and prolongation of processes.
The right to be heard
Another important detail: Article 353 of the Labor Code guarantees the right to be heard before any disciplinary dismissal. That is, the company has to give you the opportunity to defend itself. If this does not happen, the process can fall apart.
Do not let the deadline
If you ever see this situation, be aware that you have only 20 business days to challenge the dismissal in court, in accordance with article 387. It is a short term that cannot be ignored, so acting quickly and seeking specialized support is essential.
According to, an unfair dismissal may end up being an opportunity for you. As the lawyer recalls, “he can get maximum compensation” or return to work with all the salaries due to him.
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