Companies based outside Portugal may temporarily post workers to Portugal When doing so, they must comply with several requirements and apply certain provisions of Portuguese legislation with regard to posted workers - particularly in terms of pay, working time and working conditions.
Under Portuguese law (Labour Code, approved by Law No. 7/2009 of February 12, and recently amended by Law No. 73/2017 of August 16, and Law No. 29/2017 of May 30, which transposes Directive 2014/67/EU of the European Parliament and of the Council of May 15, 2014), an employee is considered to be on secondment when they work for a limited period (not expected to exceed 12 months) within the territory of a state other than the one where they normally carry out their activity.
A secondment arrangement within the territory of Portugal is considered to exist whenever an employee under contract to an employer established in another state provides services within the territory of Portugal: (i) for an undertaking owned by the same employer or another employer by which the first company is owned, or which it owns, or which is a member of the same group; (ii) pursuant to a contract between the employer and the beneficiary of the activity, even if on a temporary work basis.
Without prejudice to any more favourable scheme provided by law or contract of employment, employees on secondment are entitled to the working conditions prescribed by Portuguese law. In the case of secondments not exceeding 12 months, the employee or their employer must prove to Social Security that the employee is covered by an obligatory social protection scheme in the country in which the employer undertaking is situated, and the latter must in every case apply to the Social Security Institute for recognition of the temporary nature of the work in question.
A secondment abroad is considered to exist whenever an employee under contract to an undertaking established in Portugal goes to work within the territory of another state. Secondment is considered to exist with an undertaking owned by the same employer or another employer by which the first company is owned, or which it owns, or which is a member of the same group, or pursuant to a contract between the employer and the beneficiary of the activity, even if on a temporary work basis.
In all such cases, the employer must send the competent inspectorate of the ministry responsible for employment, 5 days before the date of the secondment, details of the identity of the employee, the undertaking with which they will be working, and the expected starting date and term of the secondment. It must also, within 8 days of the date of the secondment, notify Social Security, provided that the secondment does not exceed 12 months. If it lasts for a longer period, the employer must apply to the Social Security Institute for recognition of the temporary nature of the work in question, supporting its application with the necessary documentary proof. Employees on secondment remain subject to the general Portuguese Social Security scheme throughout the duration of the secondment.
For further information, please consult : https://www2.gov.pt/en/cidadaos-europeus-viajar-viver-e-fazer-negocios-em-portugal/trabalhadores-em-portugal/destacamento-de-trabalhadores-para-paises-da-uniao-europeia