Law no. 29/2017 of 30th May 2017 transposes into Portuguese law European Union (EU) Directive 2014/67 (concerning the posting of workers in the framework of the provision of services).
Effective 31st May 2017, all EU-based companies posting (seconding) employees to Portugal, as well as Portugal-based companies posting employees to another EU member state, must comply with new notification and document retention rules.
The employer is obliged to report the posting to the “Autoridade para as Condições do Trabalho” (ACT) with the following information:
- Identity of the service provider;
- Number and identification of the workers to be posted;
- Identification of the liaison person (a person in Portugal who can be contacted by ACT in case clarifications on the assignment are requested);
- Estimated duration and estimated dates for the start and end of the posting;
- Address of the work-place;
- The nature of the services justifying the posting. Such communication must be made via email using a specific form.
During the entire period of the posting, and for one year after the end of the posting, both sending and host companies must keep hard or soft copies of:
- Employment contract;
- Payslips and proof of payment;
- Records of working time. These documents must be kept in an accessible and clearly identified place in the Portuguese territory, namely: (1) the workplace referred to in the declaration; (2) the construction site; or (3) the basis of operations of the vehicle with which the service is provided.
These documents must be in Portuguese, or accompanied by a certified translation into Portuguese. The employer must also designate a person to liaise with ACT and to send and receive documents and information.
EU-based companies posting foreign national employees to Portugal should ensure that they comply with the new notification and document retention requirements.
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