Hiring foreign citizens in Portugal raises a frequent question among employers: is it possible to conclude an employment contract even if the worker does not yet have a Social Security Identification Number (NISS)? The answer is clear.
According to , employers can formalize an employment contract with foreign citizens even if they do not yet have a NISS. In practice, the contract is precisely the element that allows the process of assigning this number to begin.
This possibility has been facilitating the integration of foreign workers into the job market, avoiding bureaucratic delays that could prevent them from starting work.
The contract is the starting point
According to Direct Social Security, the employment contract plays a central role in this process. It is not necessary for the NISS to appear in the document, nor for the employer to wait for it to be issued before proceeding with hiring.
In practice, the formalized employment relationship is used as the basis for Social Security to assign the number to the worker. In other words, the contract does not depend on the NISS, but is rather the mechanism that allows its creation. This procedure is especially relevant in sectors with a high demand for foreign labor, where the speed of hiring can be decisive.
What to do after NISS is awarded
After issuing the NISS, there is a mandatory step that cannot be ignored. The employer must communicate the employment relationship through the Social Security Portal.
According to the same source, this process is carried out in the “Work” area, selecting the option “Entry, exit and posting of workers”, followed by “Admission of Workers” and, finally, “Communicate the worker’s contract and employment relationship”. This registration is essential for the worker to be properly included in the contributory system.
Why is it important to regularize the situation
Notifying the contract is not just a formality. As explained by Direct Social Security, the regularization of the contributory situation guarantees the worker’s access to the rights and benefits associated with the system.
These rights include social benefits, protection against illness, unemployment and retirement. For employers, compliance with these obligations also contributes to the sustainability of the system. Ignoring this step may result in legal non-compliance and possible penalties.
A process that avoids hiring delays
The ability to hire without NISS allows companies to respond more quickly to their recruitment needs. According to the same source, this mechanism prevents administrative processes from delaying the start of professional activity, especially in cases where the worker is already in national territory, but does not yet have all the identification numbers assigned.
This model has been particularly relevant in areas such as tourism, construction and agriculture, where foreign labor plays an increasing role.
What employers should pay attention to
Despite the flexibility, there are precautions that must be taken. The contract must comply with all applicable legal requirements, including identification of the parties, functions, remuneration and working conditions.
Furthermore, the employer must monitor the NISS attribution process and ensure that communication to Social Security is made as soon as the number is available. According to Direct Social Security, this monitoring is essential to avoid gaps in the contributory record.
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