Employment Law
Advice on employment contracts, wages and employment credits, holiday and allowances, termination, dismissals, amounts owed, notices to the employer, out-of-court negotiation, and situations involving service contracts and bogus self-employment.
What is included
- Review of employment contracts
- Unpaid wages and employment credits
- Holiday, holiday allowance and Christmas allowance
- Overtime and additional work
- Termination of the employment contract
- Dismissal and challenges to dismissal
- Calculation of amounts owed
- Formal notice to the employer
- Out-of-court negotiation and termination agreements
- Service provision contracts
- Bogus self-employment and recognition of an employment contract
- Working conditions, harassment and employee rights
Every situation is assessed individually. These services are provided within the remit of a Trainee Lawyer, under the supervision of Dr. João Nogueira Marques, Lawyer.
What helps prepare for your consultation
- Any contract, amendments, payslips or self-employment receipts you already have.
- A timeline of the work and events behind your question, including communications received.
- Available records of hours, leave, payments or outstanding amounts you want reviewed.
- Messages, emails or other communications with the employer relating to the issue.
- Payment records and statements showing what was actually received and on which dates.
- If employment ended, the complete notice, its envelope or delivery record, and the date you received it.
What we review with you
We review the contract and how the work is actually performed, together with relevant payments and communications. This identifies the issues concerning pay, working conditions or termination. Depending on the case, we prepare calculations and assess communication with the employer, negotiation or further steps. Where no written contract exists, or it does not match reality, we reconstruct the relationship from the available elements: hours actually worked, instructions received, work equipment and payment arrangements. Because relevant dates may apply, we prioritise reading any communications received.
Official information
Common questions before a consultation
Is the written contract the only relevant element?
No. The contract wording should be compared with how the work is actually performed, payments, hours and communications. Together, those facts help define the relationship and the issues requiring assessment.
Which amounts can be checked?
The answer depends on the relationship and specific events. We gather payslips, time records, leave, payments and correspondence to identify what can be calculated and which assumptions still require evidence.
I received a termination notice. What should I keep?
Keep the complete notice, its envelope or delivery record, the contract and payslips. Because relevant dates may apply, obtain advice promptly; the applicable deadline can only be confirmed after reviewing the documents and facts.
I have no written contract. Is there anything to be done?
Yes. The absence of a written contract does not prevent assessment: payslips, transfers, messages, rotas and evidence of the activity help reconstruct the relationship. Gather whatever exists, even if it looks scattered or incomplete.
I work as a contractor but feel like an employee.
This is common and calls for a factual assessment, not just a documentary one. Hours, work equipment, instructions received, exclusivity and payment arrangements all matter. How the relationship is classified follows from that picture, not from the contract title.
My wages are unpaid. Where do I start?
By documenting it: which months are outstanding, what was actually received and by which route, and what communications took place about it. A clear record of what is owed is the basis of any later step.
Does talking to my employer harm the case?
Not necessarily, but the manner matters. Written communications that you keep are usually preferable to informal conversations, because they preserve what was said and when. The consultation helps prepare the wording before you send it.
What can I expect from a first consultation?
A reading of what the documents show, identification of the issues needing further evidence, and an indication of the available routes with their requirements. It does not include any guarantee of outcome or of amounts recoverable.
The company closed or does not reply. Are there alternatives?
The assessment changes but does not become pointless. What matters is establishing the entity current position, the public records available and the mechanisms provided for these situations. Gather contracts, payslips and the last correspondence exchanged before deciding the next step.
Editorial responsibility: Carvalhos Advocacia. General information; confirm the current position for your case before acting.