A foreign employer sending workers to Portugal must notify the labour authority before the work starts.
What it means
Posting a worker means sending an employee to work temporarily in Portugal, while the employee stays employed abroad. When a foreign employer does this, it must notify the ACT (Portugal's labour inspectorate) beforehand. This notice is called a prior posting notification. It tells the ACT who is coming, which company is sending them, and where they will work.
Who has to do it?
The foreign employer is responsible for filing the notification. This applies whether the employer sends its own staff or supplies workers through a temporary work agency. The duty to notify rests on the posting employer.
When and how it works
The notification must be filed before the posting starts. Guidance is not consistent on an exact deadline in hours or days, so the safe rule is simple: file it with enough time to have it confirmed before the first working day in Portugal. The employer submits details about the company, the workers, and the assignment to the ACT. Once it is accepted, the employer should keep proof of the submission. Records connected to the posting, such as the contract, pay records, and time records, must stay available for one year after the posting ends, in case the ACT asks to see them.
What happens if it is not done?
Posting workers without notifying the ACT is a breach of Portuguese labour law. It can lead to fines for the foreign employer, and it can draw closer attention from labour inspectors during the assignment itself.
What to watch out for
The sources consulted did not identify a provision that requires the Portuguese client or main contractor to check that this notification was filed. That does not mean the client carries no risk. Under Lei 29/2017, article 12, for example, the contracting party can be jointly liable for the unpaid net wages of a posted worker. Keeping a copy of the confirmation on file is useful evidence if a dispute or an inspection comes up later. For a specific case, take legal advice.
Filing the ACT notification is the posting employer's duty. The client's own exposure, for instance for unpaid wages of posted workers, is a separate question.