As soon as the negotiations open, the employee is already protected by some specific rules. Indeed, the person in charge of the recruitment is not, in principle, allowed to ask questions not directly linked to the professional activity at stake or about the candidate’s private life. Therefore, the candidate has, at that moment, the right to lie without fearing any reprisal (such as an eventual dismissal based on the lies retrospectively said during the interview).
Employment contract rules, in opposition to those governing other types of contracts, require a “personal performance” from the employee. This means that, in case the person is prevented from working, he/she has no duty to find a replacement person that would be able to execute the said performance. This protection can be waived through a mutual agreement between the parties.
In principle, parties are free to determine what will be covered by the contract (eg. what will be the employee’s tasks). Nevertheless, the law provides some protection against “over-commitments”, when the concluded obligations significantly limit the economic freedom of one contracting party.
It’s important for the employer to verify the regularization of his/her employees as soon as he/she hires them.
Indeed, if the employer intentionally hires a foreigner who doesn’t possess any valid permit, he/she could be sanctioned with an important fine or with a prison term up to 3 years combined with a fine (art. 117 LEI).
The employer shall also be transparent with authorities and not, for instance, provide fake information in order to obtain a permit for his/her employees. In case of non compliance with this principle, criminal penalties undoubtedly will be pronounced against the employer (art. 118 LEI).
The law governing illegal work also allows specific authorities to evaluate the employment situation in each and every enterprise.
To do so, authorities can penetrate companies’ offices during business-hours, request the employer and the employees specific information, consult certain documents, control workers’ identities and permits.
The employer isn’t allowed to prevent them to do so, otherwise a fine can be issued against him/her.