Indicator history

There are no residence or citizenship/nationality requirements for protection under the relevant national laws transposing the Directives. All persons benefit from the protection of the anti-discrimination laws. Furthermore, discrimination based on nationality is specifically prohibited in labour law, and in general, in Article 3 (2) of Law 18/2004, of 11 May 2004. National law provides an exception for genuine and determining occupational requirements. Article 3(3)(c) of Law 18/2004 states that conduct (behaviour) based on race and ethnic origin does not amount to discrimination when, due to the nature of the activities or the context of their execution, such a factor constitutes a justifiable requirement and is determining for its exercise, but the objective must be legitimate and the requirement proportionate. This wording complies with Article 4(1) of the Racial Equality Directive. Article 3(2)(c) of Law 18/2004 does not refer to disability.

The title of residence may be a decisive factor in certain circunstances since it is legally possible in the sphere of employment to discriminate on the basis of nationality, but only for reasons related to residence rights and work permits. Discrimination based on nationality is forbidden in Article 24(1) of the Labour Code. Article 4 of the same code grants foreign workers equal rights with Portuguese citizens, provided they are legally permitted to work in the country. They must, in general, have a written contract of employment (Article 5(1) of the Labour Code) and produce documents proving they have a work permit or residence permit (Article 5(1)(b) of the Labour Code).

There are no residence or citizenship/nationality requirements for protection under the relevant national laws transposing the Directives. All persons benefit from the protection of the anti-discrimination laws. Furthermore, discrimination based on nationality is specifically prohibited in labour law, and in general, in Article 3 (2) of Law 18/2004, of 11 May 2004. National law provides an exception for genuine and determining occupational requirements. Article 3(3)(c) of Law 18/2004 states that conduct (behaviour) based on race and ethnic origin does not amount to discrimination when, due to the nature of the activities or the context of their execution, such a factor constitutes a justifiable requirement and is determining for its exercise, but the objective must be legitimate and the requirement proportionate. This wording complies with Article 4(1) of the Racial Equality Directive. Article 3(2)(c) of Law 18/2004 does not refer to disability.

The title of residence may be a decisive factor in certain circumstances since it is legally possible in the sphere of employment to discriminate on the basis of nationality, but only for reasons related to residence rights and work permits. Discrimination based on nationality is forbidden in Article 24(1) of the Labour Code. Article 4 of the same code grants foreign workers equal rights with Portuguese citizens, provided they are legally permitted to work in the country. They must, in general, have a written contract of employment (Article 5(1) of the Labour Code) and produce documents proving they have a work permit or residence permit (Article 5(1)(b) of the Labour Code).

Source:

• European Network of Legal Experts in the Non-discrimination Field, 08.02.2011, Portugal 2009 – Country report on measures to combat discrimination,  http://non-discrimination.net/content/media/2009%20-%20FR%20-%20PT%20Country%20Report%20Summary_final.pdf, Accessed 22.01.2013.