Is it legal for my salary to be below the minimum wage in Portugal?

Question from Mafalda, Is it legal for my salary to be below the minimum wage in Portugal?

Answer from AI:

In Portugal, the law generally requires that all employees, including public sector workers, receive at least the national minimum wage. However, there are specific circumstances under which your salary might temporarily fall below this threshold, especially if there has been an overpayment that needs to be corrected.

Understanding Salary Adjustments

If you received a higher amount than you were entitled to, your employer has the right to correct this mistake. This can sometimes result in a temporary reduction in your salary to recover the overpaid amount. However, there are legal protections in place to ensure that such adjustments are fair and do not unduly burden the employee.

Legal Protections and Minimum Wage

According to Portuguese labor law, the national minimum wage is set annually and must be adhered to by all employers. For 2023, the national minimum wage in Portugal is €760 per month. The law stipulates that:

• All employees must receive at least the minimum wage for their work.
• Any deductions or adjustments must be clearly communicated and justified.
• Employers cannot reduce an employee’s salary below the minimum wage for extended periods.

Steps to Take if Your Salary Falls Below Minimum Wage

If you find that your salary has been reduced below the minimum wage, you should:

1. Review your pay slips: Check the details of your pay slips to understand the adjustments made.
2. Request an explanation: Ask your employer for a detailed explanation of the overpayment and the subsequent deductions.
3. Consult labor laws: Familiarize yourself with the relevant labor laws, such as the Código do Trabalho (Labor Code), which outlines your rights and protections.
4. Seek legal advice: If you believe the deductions are unfair or illegal, consult with a legal professional who specializes in labor law.

When to Seek Legal Advice

If you are unsure about the legality of the salary adjustments or if your employer is not providing a satisfactory explanation, it is crucial to seek legal advice. A legal professional can help you understand your rights and take appropriate action if necessary.

Resources for Further Information

For more detailed information, you can refer to the following resources:

• Código do Trabalho (Labor Code)
• Autoridade para as Condições do Trabalho (ACT)

Remember, while general information can be helpful, it is always best to consult with a legal professional for personalized advice tailored to your specific situation.