In Portugal, continuous professional training is not an option or a good HR practice - it's a legal obligation. Yet, year after year, the Authority for Working Conditions (ACT) records systematic violations of this rule, often due to simple lack of awareness. What's really at stake, who must comply, and what happens when the rules are not followed?
Article 131 of the Labour Code is straightforward: every worker is entitled to a minimum of 40 hours of annual continuous professional training, paid by the employer as regular working hours. This rule applies to permanent contracts and, proportionally, to fixed-term contracts of three months or more - covering all sectors regardless of company size.
What the law actually says
The legal obligation for continuous training is established in Articles 130 to 134 of the Labour Code, introduced in their current form by Law No. 93/2019, which updated the minimum from 35 to the current 40 annual hours.
The law distinguishes two levels: the individual right of the worker to 40 hours per year and the collective obligation of the employer to provide training to at least 10% of the workforce each calendar year. These two dimensions are often confused: the 10% is an annual coverage indicator, but it does not limit or replace each person's individual right.
Continuous training cannot be postponed indefinitely - after two years, it automatically converts into a time credit that the worker can use on their own initiative.
The employer has some flexibility: they can bring forward up to two years or defer for the same period, provided the training plan allows it. This period extends to five years for recognition, validation and certification of competences or for dual-certification training.
Who pays and who decides the content
All training costs - working hours, travel, materials and registrations - are the employer's responsibility. If training occurs outside working hours, the worker must be compensated at the normal hourly rate; hours exceeding two daily hours are paid as overtime.
Regarding content, the law assigns the employer the responsibility of defining the subjects, which must relate to the worker's professional activity. Certification is not mandatory - training can be delivered by internal company staff, as long as the content is relevant. When external, it must be provided by a DGERT-certified training entity or recognised educational institution.
Mandatory training plan
With the exception of micro-enterprises, all companies must prepare an annual or multi-year training plan, accessible to all workers and their representatives. This plan must detail objectives, actions, training providers, locations and schedules.
What happens when training is not provided
Non-compliance with training obligations constitutes a serious offence under Article 554 of the Labour Code. The ACT - which can inspect without prior notice - applies fines that vary according to company size.
Fines per worker without training
| Company size | Fine per worker |
|---|---|
| Micro-enterprise (less than 10 workers) | €612 – €2,430 |
| Small enterprise (10 to 49 workers) | €1,224 – €4,860 |
| Medium enterprise (50 to 249 workers) | €2,448 – €7,290 |
| Large enterprise (250+ workers) | €4,896 – €9,690 |
In case of recurrence, amounts are increased. Beyond fines, companies accumulating serious offences may be excluded from public funding applications, EU funds and employment incentive programmes.
There's also an often-overlooked consequence: if the employment contract ends and the worker has not received their entitled training hours, the company must pay the remuneration corresponding to the missing hours. Non-compliance can generate financial costs even without an inspection.
What's changing for micro-enterprises
In 2025 and early 2026, the Government opened a negotiation process within the Social Concertation framework that includes a proposal to reduce the training minimum for micro-enterprises from 40 to 30 annual hours. This proposal represents a step back from the initial July 2025 version, which foresaw only 20 hours.
At the time of publication, the change has not yet been published in the Official Gazette. The negotiation process is in the internal consultation phase with social partners. Until new legislation is enacted, the 40-hour obligation remains for all companies, including micro-enterprises.
Best practices to ensure compliance
1. Plan ahead
Don't leave training for the last quarter. A plan distributed across 12 months facilitates operational management and reduces the impact on productivity, especially in small companies.
2. Document everything
The ACT can request proof of training at any time. Keep records of attendance, hours and content delivered, and include this information in the annual Single Report.
3. Use available support
The IEFP provides subsidised training programmes and lists of certified training entities. Portugal 2030 and the Recovery and Resilience Plan (PRR) include support lines for workforce qualification. Training costs are also deductible for IRC purposes.
4. Involve workers
The law doesn't require content negotiation, but training tends to be more effective when aligned with teams' real needs. Consulting workers or their representatives in defining the plan is a best practice that can increase engagement and return on investment.
Fulfilling the 40 hours is not just about avoiding a fine - it's a documented investment in productivity, talent retention and company competitiveness.
In summary
The obligation of 40 annual hours of continuous training has existed in Portugal for years and is, in 2026, a consolidated and enforced rule. Companies that are unaware of it or ignore it are exposed to significant fines, additional labour costs and exclusion from public support.
The good news is that fulfilling this obligation doesn't have to be complicated or expensive. With planning, proper documentation and use of available support, mandatory training can become a real competitive advantage - not just a line of legal compliance.
