Receiving a dismissal letter is always a difficult experience, but it becomes even more serious when the accusations made against you are not true. In Portugal, the law establishes clear rules regarding dismissals, especially those of a disciplinary nature, and ensures that the worker has legal means to defend himself. Knowing your rights can make all the difference if you feel wronged and want to contest the decision.
What the law says about disciplinary dismissals
The Portuguese Labor Code defines that a dismissal is only legitimate when there is just causethat is, when the worker adopts serious culpable behavior that makes it impossible to maintain the employment relationship.
Examples of just cause include unlawful disobedience to orders, repeated and unjustified absences, offenses against colleagues or superiors, and abnormal reductions in productivity. These criteria are assessed not only by the severity of the behavior, but also by its consequences in the context of work, and it is essential that there is solid evidence to justify the dismissal.
Right to defense: a mandatory step
Before any decision is made, the employer is obliged to provide a detailed statement of guilt, describing in detail the facts that led to the intention to dismiss the employee. From the moment they receive this note, the worker has 10 working days to consult the process and present their defense.
This procedure ensures that the worker can contest unfair accusations and present evidence that contradicts the alleged facts. Any violation of these formal rights, such as lack of notification or lack of time to respond, may result in dismissal void or unlawful.
Written and reasoned decision
Dismissal is only valid if it is formalized in writing and duly substantiated, detailing the facts that motivated the decision and responding to the worker’s defense. The employer cannot base the dismissal on facts that have not been mentioned in the notice of guilt or in the employee’s response.
The decision becomes effective only from the moment it is received by the worker, ensuring that the worker has formal knowledge and time to take legal action if he considers the decision unfair.
Who must prove the facts
It is up to the employer to demonstrate that the facts alleged as just cause are true and that the entire procedure followed legal standards.
The Supreme Court of Justice has reiterated that, in the absence of concrete and documented evidence, the dismissal must be considered unlawful. This means that the responsibility for proving just cause does not fall on the worker, reinforcing the importance of a transparent and duly substantiated procedure.
If the dismissal is unlawful
When a dismissal is considered unlawful, the worker has the right, as a rule, to reinstatement in the job, this being the first option provided for by law. If reinstatement is not possible, the worker can opt for compensation calculated between 15 and 45 days of base salary and seniority payments for each year of service, with a minimum of three months.
In specific situations, such as in micro-enterprises or management positions, the law allows the court to exclude reinstatement, increasing the amount of compensation to 30 to 60 days per year of service, with a minimum of six months. Furthermore, the employee has the right to receive all interim remuneration from the date of dismissal until the final judgment, deducting only the legally stipulated amounts.
Deadline to contest
The establishes a period of 60 days from receipt of the dismissal letter for the employee to challenge the decision in court. It is essential that this deadline is respected, as inaction within this period may prevent any future action.
Knowing and acting within these deadlines is essential to ensure that the worker’s rights are fully protected and that any unfair dismissal is properly challenged.
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