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Employment & Pensions

Portugal

Employment and Pensions is an expertise dedicated to a complete labour assistance, working in team with the client in defining the strategy of solutions adapted to the activity performed by the client.

We provide proactive juridical assistance considering the goals and business strategies. We recognize the importance of human capital and assume our role in the success of our clients.

The Labour Law team has a high level of expertise in areas such as:

  • Preventive support to human resources department, participating in the planning definition for implementation of the best practices in Labour Law
  • Restructuration of staff, whether in collective dismissal procedures, individual extinction of job position processes or layoff situations
  • Participation in negotiation processes to cease labour contracts by mutual agreement
  • Labour audits, in situations that involve mergers and acquisitions, or implementation of better practices
  • Conduct of pre-litigation processes, namely those related with disciplinary procedure
  • Labour Litigation
  • Social Security
  • Monitoring of situations related with hiring foreign employees, namely to obtain visas, or employees from the European Union, in the regime of posting/secondment or new hiring
  • Registration in the relevant Portuguese City Halls
  • Resident card for non-european citizens linked to european citizens
  • Citizenship processes in all diferent modalities
  • Working visas/permits for qualified positions and non-qualified positions
  • Student visas/permits
  • Exceptional visas/permits to well-known citizens who are considered to perform relevant activities (cultural or scientific for example)
  • Visas/permits for pensionists, retired and citizens who live of income of their own (also known as D7 form)
  • Golden Visa in all different modalities
  • Citizenship processes in all different modalities

Acknowledgement

Clients highlight the flexibility and availability of the team and appreciate the lawyers' "very creative and pragmatic approach".
Chambers & Partners 2017
Band 2: "An impressive employment team providing excellent quality work."
Legal 500 2015
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07 May 2021
Clev­er moves
Re­lo­cat­ing tal­ent safely, smartly, and seam­lessly As an in­ter­na­tion­al busi­ness, you need your best people to be mo­bile. That can re­quire as­sign­ing ex­ec­ut­ives and em­ploy­ees to dif­fer­ent ter­rit­or­ies – of­ten at short no­tice.CMS Ex­pat Desk – part of the largest em­ploy­ment and tax teams in Europe – provides com­plete and co-or­din­ated ad­vice and sup­port on tax, pen­sions, so­cial se­cur­ity, pay and em­ploy­ment law for ex­pat­ri­ate em­ploy­ees. Glob­al sup­port – from one point Our ex­pat­ri­ate spe­cial­ists are net­worked across 43 coun­tries in Europe, Asia, Africa and Lat­in Amer­ica to give you multi-jur­is­dic­tion­al sup­port – all ser­viced from a single point of con­tact.From the start to ter­min­a­tion of an as­sign­ment, we can help en­sure the op­tim­al leg­al, tax and re­mu­ner­a­tion ar­range­ments for both for the em­ploy­ee and for your busi­ness.With our sup­port, you are free to de­ploy your people wherever they need to be – swiftly and seam­lessly.Our team can:Draw up em­ploy­ee con­tracts cov­er­ing all leg­al as­pects of an as­sign­ment in any giv­en jur­is­dic­tion­Keep you up to speed on the tax and so­cial se­cur­ity re­gimes in each ter­rit­ory – and help re­lo­cated staff nav­ig­ate any po­ten­tial pit­falls in the sys­tem.Ad­vise on op­tim­ising the be­ne­fits of an em­ploy­ee’s ex­pat­ri­ate status – e.g. in terms of tax, re­mu­ner­a­tion and pen­sion ar­range­ment­sHelp your busi­ness man­age multi-jur­is­dic­tion­al payroll and tax ob­lig­a­tion­sAd­vise on spon­sor­ing pen­sion schemes in mul­tiple coun­tries, in­ter­na­tion­al trans­fer of be­ne­fits and en­abling em­ploy­ees to con­tin­ue scheme par­ti­cip­a­tion.Watch the videos for in­form­a­tion about re­gimes in dif­fer­ent coun­tries. For more de­tails about of­fers in in­di­vidu­al jur­is­dic­tions and leg­al as­sist­ance feel free to reach out to your usu­al CMS con­tact or send an email to em­ploy­[email protected]­al.com.
25 March 2021
Meet the Law - Im­mig­ra­tion - Dead­lines ex­ten­sion
The De­cree-Law no.22-A/2021, March 17th, pro­ceeds with the ex­ten­sion of sev­er­al dead­lines, as well as re­in­forces and es­tab­lishes ex­cep­tion­al and tem­por­ary meas­ures with­in the scope of COV­ID-19 pan­dem­ic.In...
09 March 2021
New com­pet­i­tion tools for di­git­al mar­kets – Ger­man com­pet­i­tion law vs....
After the new Ger­man com­pet­i­tion law came in­to ef­fect in Janu­ary 2021, ma­jor di­git­al plat­forms are now af­fected by art­icle 19a of the Ger­man Com­pet­i­tion Act. Un­der art­icle 19a, the Ger­man com­pet­i­tion...
16 February 2021
Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
12 February 2021
Meet the Law - Amend­ment to the Golden Visa leg­al re­gime
The Por­tuguese leg­al re­gime of entry, stay, exit and re­mov­al of for­eign­ers was amended, tak­ing ef­fect on Janu­ary 1st 2022 and fore­see­ing the fol­low­ing main in­vest­ments eli­gible for Golden Visa pur­poses:i. ...
09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
02 February 2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
22 January 2021
EDPB is­sues draft guidelines for data breach no­ti­fic­a­tions
Fur­ther to the GDPR re­quire­ment for re­port­ing per­son­al data breaches to the com­pet­ent data pro­tec­tion au­thor­ity and, in cer­tain cases, to af­fected in­di­vidu­als, the European Data Pro­tec­tion Board (EDPB)...
13 January 2021
EU­'s Por­tuguese pres­id­ency re­leases new draft of ePri­vacy Reg­u­la­tion
On 5 Janu­ary 2021, the Coun­cil of the EU – with Por­tugal serving as the Pres­id­ent-in-Of­fice – re­leased a new draft ver­sion of the ePri­vacy Reg­u­la­tion, which is meant to re­place the ePri­vacy Dir­ect­ive...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
03 December 2020
With the in­tro­duc­tion of a new Phar­ma­ceut­ic­al Strategy for Europe, the...
New Phar­ma­ceut­ic­al Strategy to be a corner­stone of the European Health Uni­on The new Phar­ma­ceut­ic­al Strategy for Europe, an­nounced by the EU Com­mis­sion on 25 Novem­ber, is ex­pec­ted to be­come a main pil­lar...
02 December 2020
Meet the Law - The ab­sences and the schools clos­ure
De­cree-Law No. 101-A/2020, of Novem­ber 27Ex­cep­tion­al and tem­por­ary re­gime of jus­ti­fied ab­sences mo­tiv­ated by fam­ily as­sist­ance, res­ult­ing from the sus­pen­sion of teach­ing and non-teach­ing and form­at­ive...