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IMPACT – MEDIUM
What is the change? Portugal has implemented the EU directive on enforcement of posted workers rules, imposing new requirements on companies sending workers to Portugal for temporary assignments.
What does the change mean? Effective immediately, employers must notify the Authority for Labor Conditions before a posted worker begins the assignment in Portugal. Employers must appoint a liaison to act between authorities and the sending company. Employers must also keep certain documents available for inspection in Portugal, including employment contracts, payslips, proof of salary payments and timesheets. Documents not originally in Portuguese must be accompanied by translated copies.
Background: Portugal adopted the new rules to comply with the EU’s 2014 directive on posted workers. Under the rules, notifications must be submitted by email and must include the name of the posted worker, the service provider, the duration of the posting (including start and end dates), the address of the work site and the nature of the services the posted worker is providing. Authorities must be notified not only before posted workers begin their assignments, but also when there are any changes to the nature or length of the assignments. Companies must keep the documents listed above for at least one year after an assignment has ended and should be able to make them available upon request for inspection.
BAL Analysis: Affected companies should make sure they follow Portugal’s new secondment procedures and documentation requirements. It is recommended that all posted employees who started their assignments in Portugal after May 31 complete the declaration. Questions about individual cases should be directed to a BAL professional.
This alert has been provided by the BAL Global Practice group and our network provider located in Portugal. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Portugal has instituted temporary border checks as a security measure for Pope Francis’s visit.
What does the change mean? Travelers should carry proper identification and prepare for delays when entering Portugal this week. Border checks have been implemented at all points of entry, and all borders are being closely monitored.
BAL Analysis: Travelers should prepare for delays when entering or leaving Portugal. Portuguese nationals should be sure to carry their ID card when crossing borders, and foreign nationals, including EU nationals, should be sure to carry their passport. Border checks are expected to be lifted Sunday, when normal Schengen Area rules will be reinstituted.
What is the change? Workers at the Portuguese Immigration and Borders Service (SEF) began a series of strikes Monday, a development that could portend delays in immigration services.
What does the change mean? Employers should expect delays in visa and permit processing. Services that will be affected include visa and residence permit processing (including resident permit renewals and applications under the Golden Visa Program) and appointment scheduling.
Background: Workers have planned a number of strikes at various SEF locations over the next six months. Immigration services will be provided, but delays should be expected.
BAL Analysis: In some cases, urgent appointments can be made and processing can be expedited at an extra cost. Those with urgent requests should contact BAL.
What is the change? Portugal’s new law on administrative procedures requires that all documents submitted to government agencies be translated into Portuguese.
What does the change mean? Applicants submitting documents to immigration authorities must obtain translated versions.
Background: The new law on administrative procedures took effect in April and requires Portuguese translations for all documents submitted to public authorities.
BAL Analysis: Employers and foreign applicants should factor in the additional time for translation of all supporting documentation.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Portuguese police are investigating corruption in the Golden Visa program and have detained for questioning several officials, including the director of SEF, Servico de Estrangeiros e Fronteiras.
What does the change mean? Applicants should expect delays in all immigration processing.
Background: In raids across the country, Portuguese police have arrested several officials on suspicion of corruption in granting residence visas under Portugal’s Golden Visa program. Golden Visas allow non-European investors to obtain permanent residency in exchange for investing in business, financial instruments and real estate. Several European countries, including Greece, Latvia, Portugal and Spain, have offered similar visa programs to wealthy investors in recent years hoping to inject cash into their struggling economies. Under Portugal’s program, introduced in 2012, applicants who invest €500,000 in real estate can obtain temporary residency for five years, after which they are eligible to apply for permanent residency.
BAL Analysis: Companies and foreign employees should expect significant delays in processing, especially for ongoing applications at the Immigration and Border Service (Servico de Estrangeiros e Fronteiras) and the Ministry of Foreign Affairs (Ministério dos Negócios Estrangeiros).