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Trial period: What it is and what the law says

22 de March, 2024

The probationary period is a fundamental phase for both the company and the newly hired employee.

Although the recruitment and hiring process has already taken place – in which those in charge have already been able to assess the professional’s skills and the professional, in turn, has been able to form an opinion on what it will be like to work for the company – the truth is that both parties can only see whether they have made a good choice when they start work.

This is the purpose of the trial period. Find out what it is and what Portuguese legislation says about this mechanism.

What is the trial period?

The trial period refers to the initial time during which an employment contract is executed, in which the employee and the employer assess the interest in maintaining it (article 111 of Código do Trabalho).

It is during the probationary period that the company most effectively assesses the professional’s abilities to perform the job in question. At the same time, the employee assesses whether the company and the job match their expectations and objectives. Basically, it’s a period of adaptation and getting to know each other.

This period begins on the day the employee starts to perform the duties for which they were hired and, although it is a trial period, it counts towards the employee’s length of service in the company.

How long is the trial period?

According to Law 13/2023 – which introduced several changes to Código do Trabalho as part of the so-called Agenda do Trabalho Digno – employers must inform the employee, within a maximum of seven days, of the duration and conditions of the trial period. If this is not done, it is assumed that there is no trial period.

The length of the trial period varies according to the type of contract.

1 – Contract for an indefinite period

For most of these contracts, the trial period lasts 90 days. However, there are cases in which it can be longer:

  • 180 days: when workers hold positions of technical complexity or a high degree of responsibility, when they perform functions of trust, when some kind of special qualification is required or in the case of workers looking for their first job or who are long-term unemployed.
  • 240 days: for professionals in managerial or senior management positions.

2 – Fixed-term or uncertain employment contract

In fixed-term contracts, the duration of the trial period may be one of the following:

  • 30 days: for contracts of six months or more.
  • 15 days: for contracts of less than six months’ duration or for fixed-term contracts whose foreseeable duration does not exceed six months.

3 – Contract on service commission

In this type of contract, the existence of a trial period must be stated in the agreement and cannot exceed 180 days.

Can the trial period be reduced or excluded?

Yes. If there is a written agreement between the two parties, or through a collective bargaining agreement, the duration can be reduced. There are also situations in which the trial period can be excluded. For example:

  • When there is a previous employment relationship with the same employer (a fixed-term contract or traineeship in the same activity or a temporary employment contract in the same job).
  • For people looking for their first job or the long-term unemployed (if the previous fixed-term employment contract was with a different employer and lasted 90 days or more).

Termination of contract during the trial period

Both the employee and the company can terminate the contract during the trial period without prior notice, unless there is a written agreement to the contrary. However, there are two exceptions:

  • If the trial period has lasted more than 60 days, the employer must give seven days’ notice of termination;
  • If the trial period has lasted 120 days or more, the employer must give 30 days’ notice of termination (Article 114 of the CT).

If this notice is not complied with, the employee is entitled to payment of the salary corresponding to the missing days of notice.

In addition, in the specific case of some employees, the company is obliged to notify the CITE (Commission for Equality in Labor and Employment) of the termination of the contract within a maximum of five working days. This obligation applies to the following groups of workers: pregnant women, women who have recently given birth or are breastfeeding, workers on parental leave and care workers.

Finally, in the case of people looking for their first job and the long-term unemployed, the employer must notify the ACT (Authority for Working Conditions) of the termination of the contract within 15 days of the termination.


Did you know all these characteristics of the trial period? This legal framework applies to private companies in Portugal, while public sector entities are governed by specific regulations.

In any case, this is an important tool that companies and professionals have at their disposal as part of their employment relationship.

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