Vacation: How many days do I have and can I waive?

How many days of vacation am I entitled to at work?

According to the Authority for Working Conditions (ACT), each worker is entitled to a paid vacation period in a calendar year, with the right accruing on January 1st.  

The right to vacation is related to the work performed in the previous calendar year, but is not related to attendance or effectiveness of service.

An employee is entitled to a minimum period of 22 working days of annual leave, considering the weekdays from Monday to Friday, excluding holidays.

However, there are special rules to exercise this right: "In the year of admission, the worker is entitled to 2 working days of vacation for each month of the contract duration, up to 20 days, which can be taken after 6 full months of contract execution. If the civil year ends without the worker having completed the six months, vacations can be taken until June 30 of the following civil year. However, no worker can take, in that year, more than 30 working days of vacation, unless the collective bargaining agreement allows it," as stated on the ACT website.

Can I waive my right to vacation?

As a rule, the right to vacation is non-waivable and should not be replaced by financial or other compensation, even if an agreement is made with the worker.

However, the worker may decide to enjoy only 20 business days of vacation, and waive the remaining days or the corresponding proportion in the case of vacations in the year of admission, without reducing the salary or subsidy related to the accrued vacation period, which accumulate with the payment for the work performed on those days.  

Can I accumulate vacation days from one year to the next?

Holidays must be taken in the calendar year in which they are due. However, in the case of an agreement between the company and the worker, or when the worker wants to take the holidays with family members living abroad, these can be accumulated from one year to the next, but they must always be taken by April 30th of the following calendar year (whether accumulated or not with those due at the beginning of this year).

"In addition, by agreement between employer and worker, the latter can accumulate half of the vacation period expired in the previous year with the expired in the current year," clarifies ACT.

Note that the legislation regulating workers' vacation rights is as follows:  

• Articles 237 to 247, article 257, and article 264 of the Labor Code;
• Law No. 23/2012, of June 25th; https://dre.pt/dre/detalhe/lei/23-2012-178501
• Judgment of the Constitutional Court No. 602/2013, of September 20 here.  

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