ACT Labour Inspections in Portugal7 minutos de leitura

The Autoridade para as Condições do Trabalho (ACT) is the Portuguese labour inspectorate — the agency responsible for enforcing compliance with the Portuguese Labour Code, including the mandatory working time registration under Article 202. For international businesses operating in Portugal, understanding how ACT inspections work, what fines apply, and how to prepare is essential risk management.

This guide explains the full enforcement regime: inspection powers, how to behave during an unannounced visit, the exact fines for each category of offence, the appeal process, and a compliance checklist to ensure your Portuguese operation can face an inspection with confidence.

What the ACT is and what it does

The ACT is the public body responsible for promoting improvements in working conditions and enforcing labour legislation in Portugal. It operates under the Ministry of Labour and reports to the Portuguese government. Its enforcement powers include:

• Unannounced inspection visits to workplaces
• Review of all employment records (contracts, time logs, pay slips)
• Worker interviews on company premises
• Documentary requests with legally binding deadlines
• Issuance of administrative offence notices (autos de notícia)
• Fine imposition up to statutory limits

ACT inspectors have the authority to enter any workplace at any time of normal operation without prior notice. Non-cooperation is itself a separate administrative offence.

Fine structure for working time violations

The Portuguese fine regime is based on the UC (Unidade de Conta), set at €102 since Law 73-A/2025. Fines vary by three factors: company size, severity of offence, and degree of fault (negligence vs wilful misconduct, dolo).

Working time registration (Article 202) — serious administrative offence

Critical: fines are applied per affected worker. A fine of €9,690 for a single worker in a large company can multiply to hundreds of thousands of euros for a non-compliant mid-sized operation.

Other related offences

ACT inspections frequently uncover multiple violations. Common offences:

• Not posting the working schedule (Article 216): minor offence, €408-€2,040
• Not posting the vacation calendar (Article 241): minor offence, €408-€10,200
• Non-payment of overtime: serious, scaled by company size
• Non-payment of night premium (Article 266, 25%+): serious
• Non-payment of vacation subsidy (Article 264): serious
• Right to disconnect violation (Article 199-A): serious, up to €102,000
• Non-compliance with teleworking law (Law 83/2021): serious

How an inspection unfolds

Arrival

Inspector presents official credentials. Immediate access to premises required. The employer or representative should accompany the inspector throughout the visit.

Document review

The inspector will typically request:

• Time registration records (digital or paper) for the last 5 years, or sample thereof
• Employment contracts
• Working schedule posted on premises
• Vacation calendar posted
• Pay slips
• Medical fitness certificates (where applicable)
• Training records for occupational safety
• Written teleworking agreements (if applicable)

Worker interviews

Inspector may interview workers individually without employer presence. Workers must respond truthfully. Employers cannot retaliate for truthful statements.

Findings and auto-de-notícia

If violations are detected, inspector issues an auto de notícia (administrative offence notice). Employer has 20 business days to file a defence response.

Decision and fine

After reviewing the defence, the ACT issues a decision. Fine applied based on severity, fault, company size, and prior history. Employer may appeal to the Labour Court within 20 days.

Common weaknesses the ACT finds in foreign businesses

1. No posted working schedule in Portuguese on premises (Article 216)
2. Time records in global HR system without demonstrable server timestamp or audit trail
3. No vacation calendar posted by 15 April (Article 241)
4. Spanish-adapted software missing Portuguese sectoral CCT rules
5. Written teleworking agreements missing for remote workers
6. No expense compensation documentation for teleworkers
7. No initial training records on teleworking
8. Working time outside 11h daily rest window for shift workers
9. Night premium not applied for work between 22h-7h
10. Overtime fines applied without authorisation documentation

How to prepare — compliance checklist

1. Deploy reliable attendance system compliant with Article 202
2. Configure Portuguese Labour Code rules (daily recording, 11h rest, breaks, night premium)
3. Apply relevant sectoral CCT rules
4. Post working schedule on premises in Portuguese (Article 216)
5. Post vacation calendar by 15 April (Article 241)
6. Written teleworking agreements for all remote workers (Law 83/2021)
7. Documented expense compensation for teleworkers (Article 168)
8. Training records on technology use and OHS
9. Medical surveillance records (annual for night workers)
10. Internal written policy on the right to disconnect
11. Payroll records matched to attendance for 5-year retention
12. Legal counsel on retainer for sector-specific CCT interpretation

If the ACT visits — what to do

1. Welcome the inspector; verify credentials
2. Accompany throughout the visit
3. Produce requested documents promptly; do not conceal or delay
4. Answer questions factually; do not speculate
5. Allow worker interviews; do not interfere
6. Take notes of all requests and findings
7. Request copy of any auto de notícia issued
8. Contact Portuguese employment counsel immediately after visit
9. Prepare defence response within 20 business days
10. Document everything for appeal process if needed

Appeal process

If fined, the employer may:

1. File a defence response within 20 business days of notification
2. Request oral hearing if desired
3. Appeal the decision to the Labour Court (Tribunal do Trabalho) within 20 days of final administrative decision
4. Further appeal to the Court of Appeal (Tribunal da Relação) on points of law

Appeals typically take 6-18 months and may freeze fine payment pending resolution. Legal counsel is essential.

Official sources

• Portuguese Labour Code (Law 7/2009), Articles 202, 554 and related — Diário da República (consolidated text, in Portuguese)
• Law 107/2009 — RPCOL (Procedural Regime for Labour Administrative Offences)
• Law 73-A/2025 — set the UC at €102
• Autoridade para as Condições do Trabalho (ACT) — act.gov.pt
• See also: Article 202 Guide, Law 83/2021 Teleworking Guide

Conclusion

The ACT inspection regime in Portugal is rigorous. For international businesses, the best preparation is continuous compliance — not reactive scrambling after notification. Portuguese-designed attendance software (with sectoral CCT pre-configured) is a cost-efficient compliance tool that pays for itself in avoided fines.

Preparing for ACT compliance in your Portuguese operation? PicaPonto provides inspection-ready reports in minutes, with Portuguese Labour Code rules pre-configured, CCT sectoral settings, and full audit trail. Start a free 15-day trial.

This article does not constitute legal advice. For specific cases, consult a Portuguese employment lawyer.

Related reading

• Article 202 of the Portuguese Labour Code
• ACT Labour Inspections in Portugal
• Law 83/2021 Teleworking Guide
• PicaPonto vs Factorial vs Sesame Comparison