What Portuguese law says about work uniforms
What Portuguese law says about work uniforms
What is considered a work uniform?
A work uniform is the specific clothing that an employee must wear while carrying out their duties. It can range from simple pieces, such as a polo shirt, to complete sets used in industry, hospitality, health and well-being, among other sectors. The main objective of the uniform is to allow workers to be identified, reinforcing the company's image and identity before customers, suppliers and the public. It is important to distinguish uniforms from Personal Protective Equipment (PPE). While the PPE is intended to protect the worker from risks associated with the activity, the uniform is more related to organisation and professional presentation — although, in some sectors, it can also offer protective characteristics.
The importance of wearing work uniforms
In addition to contributing to the company's visual identity, uniforms play a functional and, in some cases, security role.
In the industrial sector, for example, there are uniforms designed to meet specific requirements, such as high-visibility clothing or fire-retardant clothing, which help protect workers against certain risks.
Uniforms also facilitate the identification of professionals, something essential in hospitals, events, factories or places with a large number of people, contributing to organisation and safety.
What Portuguese law says about work uniforms
In Portugal, although there is no diploma dedicated exclusively to work uniforms, the law defines the conditions under which they can be required by the employer.
Whenever the company imposes the use of a specific uniform, it is responsible for its availability, acquisition, maintenance and replacement costs.
The legal framework is found mainly in the Labor Code and occupational health and safety regulations, complemented by specific legislation for certain sectors.
For example, Decree-Law No. 373/84 regulates the supply of uniforms for State workers, while the legislation on PPE defines the minimum safety and use conditions.
Based on this framework, we present below the main rights and duties of workers and employers.
Workers' rights and duties
Rights
- Free: the uniform must be provided by the company, at no cost to the worker.
- Suitability for functions: the uniform must be appropriate to the work position and environmental conditions, ensuring dignity and safety.
- Replacement: when the uniform is damaged or worn out, it must be replaced by the employer.
Duties
- Correct use: the worker must wear the uniform during working hours whenever required.
- Conservation and hygiene: must keep the uniform clean and well maintained, following the instructions indicated.
- Return: In case of termination of the contract, you must return the uniform provided by the company.
Employer rights and duties
Rights
- Enforce the use of uniform: as long as provided for in the internal regulations or employment contract.
- Require good maintenance: may establish rules regarding the use and hygiene of the uniform.
- Retrieve the uniform: You can request the return of clothing when the worker ceases duties.
Duties
- Provide the uniform for free;
- Ensure worker safety and health: especially when the uniform accumulates PPE functions;
- Assume acquisition and replacement costs: including washing in situations of abnormal soiling or need for special treatment;
- Do not wear the uniform for advertising purposes outside of working hours.
Legal consequences of non-compliance
Failure to comply with the rules regarding uniforms — either by the employer or by the employee may result in sanctions provided for in the Labor Code (Law No. 7/2009).
For the employer, failures such as not providing the mandatory uniform or not bearing the associated costs may constitute a labor offense, subject to fines imposed by the Working Conditions Authority (ACT). Furthermore, the company may have to reimburse the employee for expenses that he or she should not have incurred.
In turn, a worker who refuses to wear a uniform, intentionally damages it or does not maintain it in adequate condition may be committing a disciplinary infraction.
Depending on the severity, sanctions vary between warnings, suspensions or, in more serious and repeated cases, dismissal with just cause (article 351).
Compliance with the law and choosing appropriate clothing
Although the legislation is not brought together in a single document, it is mandatory to ensure that occupational health and safety standards are complied with, ensuring the protection and dignity of workers.
Choosing clothing appropriate to the sector of activity and the needs of the position is essential — especially when the law determines the obligation to provide appropriate PPE.
At Brinutex, we provide certified professional clothing solutions, adjusted to different sectors and with the possibility of customisation, guaranteeing quality, safety and corporate identity.
