New Rules for Hiring Students on Holiday: What You Need to Know

Portuguese labour legislation was recently updated with regard to the hiring of students on holiday, introducing a specific system for hiring students during school holidays or breaks. This measure seeks to ensure the necessary reconciliation between school and academic training and professional activity, while maintaining the existing legal framework for "student-worker“.

What do the new regulations say?

Simplification of the Contracting Process: The new system means that the employment contract signed with a student during school holidays or breaks will not need to be in writing. This simplification aims to make it easier to hire young people, allowing them to gain professional experience without jeopardising their studies.

Communication to Social Security: Despite the fact that the contract does not have to be in writing, employers are obliged to notify the relevant Social Security department of the conclusion of the contract. This communication must be made using an electronic form which must fulfil all the communication requirements laid down by law.

Fixed-term and temporary contracts: If the contract is concluded for a fixed term, it will be subject to the admissibility requirements for this type of contract (according to article 140 of the Labour Code). The stipulated term and the respective justification must be communicated to the relevant Social Security department, with specific mention of the facts involved. The same applies, mutatis mutandis, to the hiring of students through temporary employment contracts, which are governed by the admissibility requirements set out in article 180 of the Labour Code.

What does this mean for employers?

These changes provide greater flexibility for companies wishing to hire students during holiday periods, making the hiring process easier and allowing organisations to reinforce their teams during peaks in activity.

Reactions and implications:

The new regulations are seen as a positive step in promoting a balance between work and studies for young people. However, it is essential that employers are aware of their obligations, particularly with regard to reporting to Social Security and complying with the requirements for fixed-term and temporary contracts.

Get in touch Serro & Andrade if you still have questions or would like to know more.

For more information on the new rules and how they may affect your company, you can always contact Serro & Andrade and they will provide you with all the help you need.