In Portugal, the applicable probation period (período experimental) is determined by the nature, complexity, and level of responsibility of the role, rather than employer discretion.
3-month probation period
A probation period of 3 months generally applies to roles that are:
Entry-level in nature
Focused on routine or standardized tasks
Administrative or operational
Performed under close supervision with limited autonomy
Typical examples include administrative support roles, customer service positions, and other junior roles that do not require prior professional experience or specialized qualifications.
6-month probation period
A probation period of 6 months applies to roles that:
Require specific qualifications, professional experience, or technical expertise
Involve a higher degree of responsibility or trust
Require autonomy, independent judgment, or decision-making
This typically includes positions such as software engineers, developers, data analysts, project managers, and other mid-level or senior professional roles. In practice, many roles hired through an EOR model fall within this category.
Important compliance note
The probation period must accurately reflect the substance of the role, not only its title or how it is described contractually.
If a 6-month probation period is applied to a role that is objectively entry-level or primarily routine, such a provision may not be upheld in the event of a dispute. In particular, if a termination occurs during the extended probation period, a Portuguese court may determine that the longer probation period was not applicable and instead apply the legally appropriate shorter period.
For this reason, it is important to assess the role carefully when determining the appropriate probation period. If there is any uncertainty, we recommend seeking guidance to ensure compliance with Portuguese labor law.