Domestic Worker Rights in Portugal — 2026 Employer Guide

Anyone employing or working in domestic service in Portugal is subject to specific legal regulations. This guide outlines the essential rights in 2026 — including salary, working hours, paid leave, allowances, compulsory insurance, and contract termination — and explains how choosing between the two Social Security (Segurança Social) contribution regimes affects social coverage and benefits.

To view regional minimum wage figures, consult our 2026 domestic worker salary table. To calculate total employer costs, see our cost guides for full-time housekeepers and part-time cleaners, or download our domestic work contract template.

What are the fundamental rights of domestic workers in Portugal?

Following the statutory reform introduced by Law No. 13/2023, the general Labor Code (Código do Trabalho) applies subsidiarily to domestic service for any matter not specifically governed by Decree-Law No. 235/92.

• Minimum wage: In 2026, the national minimum wage in mainland Portugal is €920.00 per month (€5.31 per hour for 40 weekly hours). In the Autonomous Region of the Azores, the minimum is €966.00, and in Madeira, €980.00. Proportional rates apply to part-time work.
• Working hours: The maximum regular schedule is 40 hours per week (Article 13). For live-in staff, only actual active working time counts toward the 40-hour limit, excluding presence/idle hours.
• Weekly rest & public holidays: Workers are entitled to at least 1 rest day per week without loss of pay, preferably on Sunday (Article 15). Mandatory public holidays are paid in full (Article 24); working on a public holiday by agreement requires compensatory rest in the same or following week.
• Paid leave & allowances: 22 working days of paid annual leave per year, plus a holiday allowance (subsídio de férias) and a Christmas allowance (subsídio de Natal), each equal to one full month’s base salary. The Christmas allowance must be paid by 15 December.
• Food & lodging: If food or accommodation forms part of remuneration (Article 9), its equivalent cash value must be explicitly stated in the contract (Article 10, paragraph 3) for calculating holiday pay, allowances, and tax deductions.
• Written contract: An open-ended contract may be entered into verbally, but a written contract is mandatory for fixed-term contracts (Article 3). A written document provides proof of agreed hours, salary, and Social Security regime.
• Trial period: 90 days as a general rule, or 180 days for roles requiring special trust or technical complexity (such as caring for young children or dependents).
• Termination & notice periods: Contracts can end by mutual agreement, expiration, dismissal, or worker resignation (Article 27). Statutory notice periods for fixed-term contract expiration are as follows (Article 28):

Contract Situation	Employer Notice Period
Fixed-term contract up to 6 months	7 days
Fixed-term contract from 6 months to 2 years	15 days
Fixed-term contract over 2 years	30 days
Worker resignation	2 weeks per year of service (max 6 weeks)

• Workplace accident insurance: Compulsory by law prior to the worker’s first day on the job, regardless of weekly hours worked. Without active insurance, the employer is personally liable for injury medical expenses and compensation.
• Social Security registration: The employer must declare the new hire prior to the start of employment. Failure to register is a punishable offense under Portuguese law with fines or imprisonment up to 3 years.
• Excluded family relationships: Social Security regulations do not permit registering spouses, cohabiting partners, children, parents, grandchildren, grandparents, siblings, or in-laws as domestic employees.

What are the two Social Security regimes?

When registering the contract on Social Security Direct (Segurança Social Direta), the employer must select one of two contribution regimes:

Element	Conventional Regime (regime convencional)	Real Regime (regime real)
Contribution base (2026)	IAS value — €537.13 per month	Actual gross salary (min. €920.00)
Employer rate	18.9%	22.3%
Worker rate	9.4%	11%
Total rate	28.3%	33.3%

For hourly or daily work, the Conventional reference base is €17.90 per day or €3.10 per hour, requiring a minimum declaration of 30 hours per month.

What social protection does each regime provide?

Choosing between contribution regimes does not alter fundamental labor rights (salary, vacation, or allowances), but directly impacts Social Security benefits:

Social Security Benefits	Conventional Regime	Real Regime
Sick pay (subsídio de doença)	Yes	Yes
Parental leave (maternidade/paternidade)	Yes	Yes
Occupational disease benefits	Yes	Yes
Disability, old-age & survivor pensions	Yes	Yes
Family allowance	Yes	Yes
Unemployment benefit (subsídio de desemprego)	No	Only with full-time monthly contract

• Unemployment benefits: Available exclusively under the Real Regime for full-time monthly contracts. Part-time or hourly workers are not eligible for unemployment benefits under either regime.
• Benefit calculations: Sick leave pay, parental leave, and pensions are calculated from registered career earnings. Under the Conventional Regime, Social Security records reflect the IAS base (€537.13) rather than actual gross earnings.

How much do net pay and employer costs differ between regimes?

For a full-time monthly contract paying the minimum wage of €920.00:

Monthly Breakdown	Conventional Regime	Real Regime
Declared Social Security base	€537.13	€920.00
Worker Social Security deduction	€50.49 (9.4%)	€101.20 (11%)
Employer Social Security contribution	€101.52 (18.9%)	€205.16 (22.3%)
Worker net salary	€869.51	€818.80
Holiday/Christmas pay registered in career record	No	Yes
Unemployment benefit eligibility	No	Yes

Under the Conventional Regime, the worker receives €50.71 more in net pay per month, but accumulates lower official career earnings. The employer saves €103.64 per month in contributions.

How to choose or change contribution regimes

The regime is selected on Social Security Direct when declaring a new contract. If opting for the Real Regime, Social Security requires submitting two supporting documents:

1. A written employment contract signed by both parties, stating the actual monthly salary.
2. A medical fitness certificate (atestado médico de capacidade) for the worker.

A change to the Real Regime takes effect the month following document submission. Transitioning to the Real Regime is restricted to workers under 64 years of age at the time of opt-in.

Checklist for workers and employers

For the worker:

• Confirm registration: Check Social Security Direct to verify your employer declared your employment.
• Verify registered earnings: Confirm whether monthly records match the agreed regime (€537.13 for Conventional, €920.00 for Real).
• Keep payment records: Request signed monthly payslips or receive salary via bank transfer.

For the employer:

• Sign a written employment contract before the start date.
• Declare the hire to Social Security prior to the first working day.
• Take out workplace accident insurance before work commences.
• Pay monthly Social Security contributions between the 1st and 20th of the following month.

Common mistakes to avoid

• Assuming the Conventional Regime provides unemployment benefits: It never does under any circumstances.
• Assuming hourly work under the Real Regime provides unemployment benefits: Unemployment benefits require a full-time monthly contract.
• Failing to declare hires on time: Late registration is a criminal offense under Portuguese law.
• Delaying compulsory accident insurance: Leaves the employer personally responsible for injury costs from day one.

Let the calculator do the maths

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Sources and legal notice

• Decree-Law No. 235/92 — Special legal regime for domestic service.
• Law No. 13/2023 — Direct application of the Labor Code to domestic employment.
• Labor Code — Subsidiary employment law.
• Decree-Law No. 139/2025 — Guaranteed minimum monthly wage for 2026.
• Order No. 480-A/2025/1 — IAS fixed at €537.13 for 2026.
• Law No. 110/2009 — Code of Contributory Regimes.
• Social Security Practical Guide for Domestic Service — Registration and benefit guidelines.
• Working Conditions Authority (ACT) — Labor information and complaints.