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Amendments to the regulation on mechanisms and procedures for the employment of citizens with foreign nationality

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Recently, it was published the Decree number 43/2022 of 19 August ("Decree"), concerning the amendment of some articles of the Regulation on Mechanisms and Procedures for the Contracting of Citizens with Foreign Nationality ("RMPCCFN"), approved by Decree number 37/2016 of 31 August.

The amendments introduced by this Decree, focus only on the short term regimes, quotas and work authorization as follows:

1. Short-term Work Regime 

Under the terms of the provisions of this Decree, the period for providing short-term work is increased from 90 (ninety) days to 120 (one hundred and twenty) days per year, consecutive or interspersed.

It should be highlighted that the provision of work under this regime is now only aimed at carrying out occasional work, and the wording "unforeseeable work involving a high degree of scientific or technical professional expertise" have been deleted”.

2. Formalities - Quota System and Work Authorisation

  1. The clearance certificate to be issued by the entity that oversees the finances area will only be required in the first hiring, and its validity will be of 1 (one) year as of the date it is issued, as opposed to the previous 30 (thirty) days; and

  2. he issuance of the admission certificate also depends on the confirmation through computerized records by the entity that oversees the labour area that the company (i) has no debts of contributions to the Compulsory Social Security System; and (ii) has an available quota.


3. Entry into Force

The Decree came into force on the date of its publication – 19 August 2022.

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