What is temporary work?

The worker (A) enters into a contract with a temporary work agency (B) and is placed in the service of a "user company" (C). The worker will therefore be working under the control and direction of the user company (C). His wages, however, will be paid by the company with which he entered into the contract, that is to say the temporary work agency (B).


For example: Mr Joaquim enters into a contract with temporary work agency B, which pays his wages. Meanwhile, agency B has entered into a contract with company C, and it is for company C, and under its control and direction, that Mr Joaquim will be working. In order to place workers overseas, the Portuguese temporary work agency must comply with certain conditions. It must, for example:

1. Guarantee, by means of insurance cover, that workers receive health, medical and hospital care whenever they do not qualify for such care in the host country;

2. Make arrangements for the return passage of workers to Portugal at the end of the contract or in the event of non-payment of wages;

3. Provide workers with insurance against accidents in the workplace or during journeys to and from work.

Further information is available from your local Institute of Employment and Vocational Training, and Inspectorate General for Labour. You can also consult their websites at www.iefp.pt and www.igt.idict.gov.pt respectively.

Portuguese Form of Contract for Temporary Employment

Contracts for temporary employment must be concluded in writing, in duplicate, and must be signed by the worker and the temporary work agency before the worker leaves Portugal. The worker must always retain a copy of the contract. If there is no written contract, the worker is regarded in Portuguese law as having an open-ended contract with the temporary work agency, i.e. for an indefinite period of time. Similarly, if the contract of employment, or the contract between the temporary work agency and the user company, does not state the reasons why it has been concluded, the  worker is likewise regarded as having an open-ended contract. If the contract does not specify an end date, it is regarded as valid for one month and renewal is not permitted.

The contract must include the following:
a) Name and address of the worker. Name and address of the temporary work agency, as well as the number and date of the permit authorising the agency to carry on its business;
b) Statement of the reasons why the contract of temporary employment has been concluded;
c) Occupational category or description of the worker's duties;
d) Place of work and normal working time (working hours, work days and rest days);
e) Holidays;
f) Pay (pay must be accompanied by a pay advice issued each month giving details of the basic wage, meal allowance and any other allowances that may be due, as well as overtime, and tax and social security deductions);
g) Start date and duration of the contract of employment;
h) End date of the contract of employment;
i) Date on which the contract was concluded.

The following additional information must be included if the contract for employment is for a period exceeding one month:
a) Anticipated duration of the work to be carried out abroad;
b) Currency in which wages are to be paid and where wages are to be paid;
c) Provisions for any repatriation;
d) Access to healthcare.

This information must be provided to the worker in writing before his departure for the United Kingdom. If there is any change to the above information, the temporary work agency must inform the worker in writing within 30 days from the date on which the change takes effect.  The contract must also include details of:
a) accommodation arrangements;
b) transport to the workplace;
c) meal allowance;
d) holiday and Christmas bonuses.

Medical Treatment

Workers must hold a European Health Insurance Card (EHIC), which may be applied for at any District Centre for Social Security, including Local Services offices and "Loja do Cidadão". This document certifies the right to any treatment that becomes medically necessary while in the UK, and identifies the holder and the institution that is financially responsible for the costs of any necessary medical treatment (in this case, the Portuguese Social Security service).

Can the worker conclude a contract with the user company?

Yes, the worker is free to conclude such a contract and the temporary work agency cannot prevent him from doing so. Thus, if the worker decides to conclude a contract with the user company, he can choose either to wait until the temporary work contract expires, or to rescind it and pay an indemnity to the temporary work agency. If the worker takes up employment direct with a UK employer, he may be liable to pay UK tax and national insurance contributions and will need to apply to the nearest Jobcentre or Social Security Office for a National Insurance Number.