Juggling a professional job while simultaneously pursuing an academic degree is one of the most demanding challenges a person can take on. It requires intense time management, endless dedication, and significant sacrifices.
To support this effort, the Portuguese Labor Code (Código do Trabalho) grants a special legal status known as the Student Worker Status (Estatuto de Trabalhador-Estudante). This status provides a robust legal framework designed to help you balance your professional obligations with your academic goals without being penalized at work.
If you are currently working and studying, it is vital to know exactly what the law allows you to do. Here is the Folime team’s comprehensive guide to the rights, duties, and financial support available for student workers in Portugal.
Your Fundamental Rights as a Student Worker
The primary goal of this legal status is to ensure that your work schedule does not permanently sabotage your academic success. Once you officially obtain this status with your employer, you gain several powerful rights:
1. Justified Absences for Exams (Assessment Tests)
You have the legal right to miss work without losing pay or vacation days to take your exams.
- The Rule: You are entitled to a justified absence on the exact day of the exam, as well as the day immediately preceding it.
- Consecutive Exams: If you have multiple exams on the same day, or exams on consecutive days, you are entitled to take as many preceding days off as the number of exams you have. (Note: weekends and public holidays are counted in these preceding days).
- ✅ Legal Limit: These justified absences cannot exceed a maximum of 4 days per subject in each academic year.
- ✅ Travel Limit: You are allowed up to 10 justified absences per academic year specifically for traveling to the educational institution to take exams, regardless of the number of subjects.
2. Flexible Vacation Planning
As a student worker, you have the right to plan your annual work holidays according to your school calendar (for example, taking vacation during finals week), provided this does not severely damage the functioning of the company. Furthermore, you can request to take up to 15 days of your vacation interspersed (in intervals) rather than all at once.
3. Unpaid Leave for Studying
In addition to your paid vacation, the law allows you to request an unpaid leave of up to 10 days per year (consecutive or not) specifically for academic purposes.
4. Academic Freedoms at University
Your educational institution must also accommodate your status:
- You are not required to attend a minimum number of classes per subject to pass.
- You are not required to enroll in a minimum number of subjects per semester.
- You have the right to request assessment tests and exams after working hours whenever possible.
- If you fail a subject, you have the legal right to request access to the special «Appeal» examination period (Época Especial).
Your Duties and Obligations
Rights always imply duties. This legal status is a two-way street, designed to create a fair and productive environment for both you and your employer. To maintain your status, you must:
- Provide Proof: You must deliver official proof of enrollment and your class schedule to your employer at the beginning of the academic year.
- Communicate in Advance: You must inform your boss of your exam dates and the days you intend to be absent well in advance.
- Give Notice for Unpaid Leave: If you request unpaid leave, you must respect strict notice periods: 48 hours in advance for 1 day off; 8 days in advance for 2–5 days off; and 15 days in advance for more than 5 days off.
- Maintain Academic Success: This is the most critical duty. You cannot simply enroll in college to get days off work; you must actually pass your classes!
(👉 Find out more: 11 Time Management Tips for Working Students)
Is There Financial Support for Working Students?
Yes. In higher education, a working student may still be entitled to a state scholarship (Bolsa de Estudo).
Recently, the Portuguese government updated the rules to help working students. It has been established that there is an exempt income limit. Currently, if your annual salary is up to 14 times the national minimum monthly wage (roughly €12,180 per year), that income will not be included in the calculation of your family’s total income when determining your eligibility for a scholarship. The goal of this law is to dramatically increase the number of working students who can receive financial state aid.
Frequently Asked Questions (FAQ)
Can I be fired simply because I am studying?
No. If you are officially covered by the status of a student worker, it is illegal for an employer to dismiss you or penalize you just because of your studies. However, you must scrupulously respect all your professional duties; you can still be fired for poor job performance or unjustified absences!
Can a working student lose this legal status?
Yes. You will automatically lose your working student status (and all the rights to schedule adjustments and justified absences) if you have «lack of academic success.»
- By law, this means you fail the academic year or you do not pass at least half of the subjects you are enrolled in.
- If you fail to perform academically for 2 consecutive years (or 3 interspersed years), you lose the status.
- If you are caught using your justified study absences for other purposes (like taking a vacation), you will lose the status and face disciplinary action.
- ✅ Good News: If you lose the status due to bad grades, you can resume it in the following academic year if you improve. However, you can only «reset» your status a maximum of 2 times.
💡 A Health Tip from the Folime Team:
Balancing work and studies is an exhausting marathon that easily leads to burnout. While passing your exams is important, it is equally essential to take care of your physical and mental health. Ensure you are getting sufficient rest, maintaining an active social life, and exploring health insurance options that provide fast, digital access to psychologists and general medicine to keep your mind sharp and your stress levels low!
Disclaimer: The information provided in this article by Folime is for educational and administrative guidance only and is based on the Portuguese Labor Code (Código do Trabalho). Labor laws and scholarship limits are subject to annual changes. Always consult with your HR department or the ACT (Autoridade para as Condições do Trabalho) for specific legal advice regarding your employment contract.
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