The direct answer

Unjustified absences can support dismissal for just cause — but only above certain thresholds and always with a formal process.

Legal thresholds (Article 351 of the Labour Code)

• 5 consecutive unjustified absences from the same position
• 10 non-consecutive unjustified absences within 30 calendar days
• 20 non-consecutive unjustified absences within 90 calendar days

Below these thresholds, unjustified absences can be subject to disciplinary sanction but do not directly support dismissal for just cause.

Justified absences: do NOT support dismissal

Justified absences (sick leave, family care, marriage, bereavement, etc.) cannot support dismissal — even if the employee is frequently absent due to illness. To understand the difference between justified and unjustified absences, read how to justify an absence in Portugal.

What counts as an unjustified absence

• Did not notify the company on the same day or the following day → unjustified
• Foreseeable absence without 5 days' advance notice → may be unjustified even if the reason was legitimate
• Lateness exceeding half the normal working period → may count as half an absence
• If there is a pattern of sick leave on suspicious days, read what to do when an employee is repeatedly on sick leave

The dismissal process for absences

Even when the numbers justify it, the process is not immediate:

• Written notice of guilt to the employee describing the absences and legal basis
• Defence period — the employee has 10 working days to respond in writing
• Process instruction — the company analyses the defence
• Reasoned decision — communicated in writing

Skipping any step invalidates the dismissal — even if the absences are real and documented.

Practical cases

• Employee does not show up for 5 consecutive days without contact: grounds for just cause exist — but the full process must be followed.
• Employee absent 12 days in 30 but 10 have a sick note and 2 are unjustified: no grounds (only 2 unjustified, below the threshold).
• Employee in probationary period who does not show up: simpler rules — during the probationary period you can terminate the contract without just cause. Read what you can do during the probationary period

Time tracking records as evidence

For any process to work you need to prove that the employee was absent — with exact date and time. With Picco, time tracking data is objective proof. Without a reliable system, the disciplinary process is on shaky ground.

This article is for informational purposes. For specific disciplinary processes, consult a specialist lawyer.