In the case of workers on a reduced normal working period, their pay may be reduced to 2/3 of their normal gross monthly remuneration or in proportion to the hours worked, whichever is higher.
The employer must notify the lay-off workers in writing of the adoption of the lay-off strategy.
You must then submit an application to Social Security in your own model (Mod. RC 3056-DGSS), which must be submitted online through the
Direct Social Security Portal, accompanied by:
- A declaration by the employer accompanied by a declaration by the CC of the company certifying the crisis situation in the company; and
- A nominative list of lay-off workers.
A single lay-off request should be made by each employer, regardless of the number of establishments covered.
For further information, please consult the Social Security pages dedicated to
extraordinary financial support and
exemption from employer contributions associated with the simplified lay-off strategy.
Applications for access to the IEFP scholarship to support training plans must be submitted online, via the
IEFP online portal, together with proof of an application for support sent to Social Security. The application period for this support from the IEFP is
opened.
See the IEFP online portal page dedicated to
extraordinary training support, for further information.
How to switch from the simplified regime to the "traditional” lay-off regime?
To benefit from the "traditional” lay-off regime, as established in the Portuguese Labor Code, companies must file a request to the Social Security. The "traditional” lay-off regime is available for companies in a crisis situations due to:
- Structural or technological causes;
- Disasters or other events that have seriously affected the company's regular activity.
Before filing the request, the employer must inform its employees in writing of the intention to resort to the "traditional” lay-off regime, promoting an information and negotiation phase within the first 5 days.
Then, to file the request to the Social Security, the employer must present the minutes of negotiations with its employees on the decision to join the regime. Alternatively, in the absence of said minutes, the employer has to present a document that justifies the understanding between the interested parties.
Between the end of the simplified lay-off regime period and the approval by Social Security of the request for the "traditional” lay-off regime, the employer may have to resume business activity and the payment of remunerations in full.
The duration of to the "traditional” lay-off regime will be defined at the outset. In most cases it should not exceed 6 months, or 1 year in case of disasters. The extension of the duration of the "traditional” lay-off has a maximum limit of 6 months. It too must be communicated to the workers, in writing, and the employer is under the obligation to substantiate this renewal.
Relevant Legislation:
