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Legislation

Law nº 35/2004 of 29 July 2004

Enables

Law nº 99/2003

, of 2 August, that approves the Labour Code.

Only

CHAPTER X

that deals with

Workers who are foreign nationals or stateless

is transcribed:

CHAPTER X


Workers who are foreign nationals or stateless
Article 157
Scope

This chapter enables n° 1 of Article 88 and n° 1 of Article 89 of the Labour Code.

Article 158
Formalities

1 – For the purposes of n° 1 of Article 88 of the Labour Code, the labour contract should contain the following indications, without prejudice to others demanded for signing the temporary contract envisaged in the Labour Code:
a) Name or denomination and domicile or head office of the contractors:
b) Reference to the work visa or permit for authorisation for residence or permanence of the worker in Portugal;
c) Business of the employer;
d) Activity contracted and salary paid to worker;
e) Location and normal working hours;
f) Amount, regularity and way in which salary is paid;
g) Date of signing the contract and of the start of work;
2 – For the purposes of n° 1 of Article 88 of the Labour Code, the worker should also attach to the contract the identification and domicile of the person or persons who are the beneficiaries of the pension in case of death resulting from a labour accident or occupational health hazard.
3 – The labour contract should be drawn up in triplicate, and the employer should give one copy to the worker.
4 – The copy of the contract that remains with the employer should have attached to it documents proving that legal obligations regarding the entry and permanence or residence of the foreign national in Portugal are met, with copies of the same documents attached to the other copies of the contract.

Article 159
Notification of contract being signed and cessation of the same

1 – For the purposes of n°1 of Article 89 of the Labour Code, prior to the worker who is a foreign national or stateless starting work, the employer should send written notification that the contract has been signed to the Inspectorate-General for Labour.
2 – Notification should be accompanied by a copy of the labour contract, which is filed with the competent service.
3 – Should the labour contract cease, the employer should give written notification to the Inspectorate-General for Labour within 15 days.
4 – The ruling in the previous numbers does not apply to signing labour contracts with nationals of the member states of the European Economic Area or others with which a similar regime is in force.



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