1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?
  2. Are there any sector-specific rules?
  3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?
  4. Are there any government reporting requirements?
  5. Are there any penalties and enforcement mechanisms?
  6. Potential criminal, civil or administrative penalties for violations?
  7. Risks for directors or executives?
  8. Upcoming laws, regulations, etc?

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Portugal
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1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?

  • The Constitution of Portugal enshrines fundamental rights and freedoms, including provisions relevant to forced labour and human rights:
  • The Criminal Code includes specific provisions to combat human trafficking and forced labour. Criminalizes human trafficking for the purposes of exploitation, including forced labour, sexual exploitation, and organ trafficking. It covers recruitment, transportation, transfer, harbouring, or receipt of individuals through coercion, deception, or abuse of power. Also, prohibits slavery and practices similar to slavery, ensuring severe penalties for offenders.
  • The Labour Code regulates employment relationships and protects workers' rights, namely it obligates employers to ensure safe and healthy working conditions, respect workers' dignity, and prevent any form of exploitation, establishes the right to fair remuneration and prohibits wage discrimination and protects workers from unfair dismissal and ensures the right to job security.

International Treaties Ratified by Portugal

Portugal has ratified several international treaties that reinforce its commitment to combating forced labour, modern slavery, and protecting human rights:

  • ILO Convention No. 29 (Forced Labour)
  • ILO Convention No. 105 (Abolition of Forced Labour)
  • UN Palermo Protocol (Trafficking in Persons)
  • European Convention on Human Rights (ECHR)

2. Are there any sector-specific rules?

No, there are no sector specific rules.

3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?

Only the ones arising from EU rules (including ESG reporting ones). 

4. Are there any government reporting requirements?

Companies are required to report social information annually in their single report, such as the composition of their workforce, health and safety conditions at work, number of hours of overtime worked, etc.

5. Are there any penalties and enforcement mechanisms?

Yes, The Authority for Labour Conditions can impose fines for violations of the working conditions laid down in the Labour Code. Depening on the turnover of the company the fines can go up to EUR 61,200.00. Additional penalties may also be imposed, such as publicity.

6. Potential criminal, civil or administrative penalties for violations?

Yes. Breach of human rights of practice of forced labour can trigger civil and/or criminal liablity as well as administrative fines depending on the type of offence.

7. Risks for directors or executives?

Executives and directors can be considered jointly liable for labour penalties as well as can be considered responsible and face the sanctions under criminal law.

8. Upcoming laws, regulations, etc?

No.