Flash News NA 15/11/2024

Portugal_Calculation of Training Hours on termination of a Labour Contract

In accordance with the current Portuguese labour code, particularly article no. 131, the company is obliged to have a professional training plan for its workers for a minimum of 40 hours per year.

Doubts arise when calculating the amount to be paid upon termination of the employment contract, whether at the initiative of the employee or the employer.

If, as established in number 5 of article 132 of the Labor Code, “the credit of hours for training that is not used ceases after three years of its creation”, number 1 of the same article stipulates that “the training hours (…) that are not guaranteed by the employer until the end of the two years following their expiration, are transformed into credit hours in an equal number for training on the employee's initiative.”

Therefore, the question arises whether the last three or five years of training hours should be considered when calculating the amount payable upon termination of employment.

In 2023 the Working Conditions Authority (ACT) updated the compensation simulator for training credits due upon termination of an employment contract, considering the employee's last 5 years for calculation purposes.

The legislator continues to fail to provide an effective answer to this question, especially because the Labor Code is silent regarding the fact that the worker acquires the right to 40 hours of training on January 1st of each year, leaving open the interpretation of the proportionality of the right to the same depending on the month of admission and/or termination of the employment contract. However, it is also important to highlight that, in relation to fixed-term contracts, the worker has the right to receive training after three months of the contract. In cases of contracts for an indefinite period, the right to training hours is acquired upon admission.

To clarify all issues related to the day-to-day human resources of your company, Nominaurea has qualified professionals who are available to help you.