An inspection by the ACT (Authority for Working Conditions) can occur due to a complaint, sectoral campaign, workplace accident, verification of safety conditions, or monitoring of compliance with labor legislation. For many companies, a visit from an inspector generates concern, especially when there is no organized documentation or when there are doubts about contracts, schedules, receipts, workplace safety, or workers in irregular situations.

The Authority for Working Conditions has the power to oversee compliance with labor and occupational health and safety standards. It can request documents, visit facilities, interview workers, verify working conditions, and issue citations when it detects evidence of violations.

However, an inspection by the ACT (Authority for Working Conditions) does not automatically mean that the company is in breach of regulations. The employer has duties to cooperate, but also has rights. Knowing how to act, what documents may be requested, and when to seek support from the ACT is crucial. Solicitors This can prevent hasty responses, relevant omissions, and the aggravation of risks of administrative offenses.

What is an ACT inspection?

An inspection by the ACT is an oversight action carried out by the Authority for Working Conditions, the entity responsible for promoting the improvement of working conditions and verifying compliance with labor legislation.

The intervention may cover employment contracts, working hours, rest periods, remuneration, occupational health and safety, equality and non-discrimination, undeclared work, workplace accidents, secondment of workers, parenthood, vocational training, and other labor-related matters.

Inspections can occur without prior notice. In certain cases, the ACT (Authority for Working Conditions) will visit the company's premises to directly verify the existing situation. In other situations, it may request documents, clarifications, or attendance at a decentralized service center.

The company should approach the inspection seriously, but without alarmism. The best response is organized documentation, responsible collaboration, and legal assessment when there are doubts about the scope of the request.

When can ACT inspect a company?

ACT can inspect companies in different contexts. The inspection may result from a complaint filed by a worker, former worker, union, competitor, client or other person. It may also be part of actions planned by sector of activity or national inspection campaigns.

It can also arise after a workplace accident, a mandatory report, a suspicion of undeclared work, a complaint about working hours, non-payment, harassment, violation of safety rules, or failure to fulfill duties related to contracts and receipts.

ACT's actions do not always depend on an identified complaint. The complainant may not be revealed to the company, and the inspection may focus only on some specific aspects or extend to other matters found during the visit.

Therefore, even when the company believes that the inspection results from a specific dispute, it must be prepared to demonstrate overall compliance with labor obligations.

Can ACT enter the company's premises?

As a rule, labor inspectors may access workplaces to carry out their inspection duties, within the scope of their legally established powers. This includes facilities where workers perform their activities, production areas, offices, warehouses, construction sites, commercial establishments, or other locations relevant to the employment relationship.

The visit may occur during operating hours or at a time compatible with the activity being inspected. In sectors with night work, shifts, or continuous operation, the inspection may take these periods into account.

The company must allow access to workplaces and cooperate with the inspection. Unjustifiably refusing entry, hiding workers, preventing interviews, or destroying documents can worsen the situation.

However, cooperation does not mean relinquishing rights. The company may request the inspectors' identification, understand the purpose of the inspection, have an internal representative accompany the visit, and request a reasonable timeframe to deliver documents that are not immediately available.

Company rights during inspection

The company has duties towards the ACT (Portuguese Labor Authority), but it also has rights that must be respected.

During an inspection, the company may:

• Ask the inspectors for identification;
• Request clarification regarding the purpose of the inspection;
• appoint a representative to accompany the proceedings;
• to provide explanations about the internal organization;
• Request an extension to submit documents that are not currently available;
• submit additional documentation;
• Correct formal errors when legally permissible;
• respond to notifications within the deadline;
• to contest official reports or decisions regarding administrative offenses;
• To be accompanied by a lawyer when necessary.

The company should not respond impulsively or contradictorily. When a question requires document analysis, it is preferable to request time to confirm the information rather than provide inaccurate statements.

It is also important to maintain a professional demeanor. Proper collaboration can facilitate the clarification of facts, while a hostile or disorganized attitude can increase distrust and hinder resolution.

Company's obligations to the ACT (Portuguese Authority for Working Conditions).

The employer must cooperate with the inspection process. This includes providing access to workplaces, making documents available, providing truthful information, and allowing inspectors to contact workers.

The company must ensure that mandatory labor documents are up-to-date and accessible. Partial compliance with the law is not enough. In the event of an inspection, it will be necessary to demonstrate this compliance through documentary evidence.

You should also avoid practices such as altering documents after the visit, instructing workers to conceal information, presenting retroactive contracts without a real basis, or preventing contact between inspectors and workers.

Collaboration should be serious and transparent. When there is a breach of contract, it may be more prudent to acknowledge it, explain the context, and rectify the situation, rather than presenting inconsistent versions of events.

Documents that may be requested by ACT

The documents requested depend on the subject of the inspection, the company's activity, and the workers involved.

In general terms, ACT may request documents related to:

• employment contracts;
• contractual amendments;
• payslips;
• Proof of salary payments;
• Work schedule maps;
• work time records;
• records of overtime hours;
• shift schedules;
• Notification of new employee admissions to Social Security;
• workers' compensation insurance policies;
• Occupational health fitness certificates;
• Occupational health and safety documents;
• Occupational risk prevention plan;
• professional training records;
• Vacation maps;
• absence records;
• internal regulations;
• service contracts;
• documentation relating to foreign workers;
• communications about parenting;
• disciplinary procedures;
• Proof of payment of the compensation fund, when applicable.

ACT may request documents in physical or digital format. The company must keep copies of what it submits and record dates, references, and requests received.

Employment contracts and employment relationships

One of the most sensitive areas in an ACT inspection is the qualification of employment relationships.

The company may be required to demonstrate whether the workers have employment contracts, whether they were properly hired, whether they are registered with Social Security, and whether the agreed conditions correspond to reality.

ACT can verify situations involving false self-employment receipts, workers without a written contract when required, fixed-term contracts without adequate justification, improperly applied probationary periods, or functions different from those indicated in the contract.

In fixed-term contracts, it is especially important that the justifying reason be specified. Generic formulas may be insufficient.

When there are service providers, the company must be prepared to demonstrate genuine autonomy, the absence of legal subordination, and consistency between the contract and daily practice. The contract designation is not decisive if, in reality, the person acts as a subordinate worker.

Schedules, rest periods, and overtime.

ACT may request time sheets, work time records, schedules, attendance records, and proof of payment for overtime work.

This subject matter is common in sectors such as restaurants, commerce, construction, industry, healthcare, private security, transportation, and shift work services.

The company must be able to demonstrate:

• Schedule practiced;
• daily and weekly rest periods;
• pauses;
• supplementary work;
• paid compensation or compensatory time off;
• Time bank system, adaptability or shifts, when applicable;
• communicating schedules to workers.

A common mistake is having posted or filed timesheets that don't reflect actual hours. If time records, internal schedules, and employee statements point in a different direction, the company may have difficulty defending itself.

Compensation, receipts and payments

ACT can verify whether workers receive at least the legally or conventionally agreed-upon remuneration, whether the receipts are correct, and whether payments are made as agreed.

The following can be analyzed: base salary, meal allowance, seniority bonuses, night work, flexible working hours, commissions, bonuses, expense allowances, vacation pay, and Christmas bonus.

It can also be verified whether there are off-the-books payments, undeclared amounts, or incorrect classifications of remuneration components.

Expense allowances, for example, must correspond to actual or eligible expenses. When used to replace salary, they can generate labor, tax, and social security risks.

The company must keep receipts, bank statements, and documents that justify the amounts paid.

Occupational health and safety

Occupational safety and health is one of the central areas of oversight.

ACT may request documents regarding risk assessment, occupational safety services, occupational medicine, fitness certificates, safety training, provision of personal protective equipment, accident investigation, and preventive measures.

In higher-risk activities, such as construction, industry, logistics, agriculture, or work at heights, inspections can be especially stringent.

The company must demonstrate that it identified risks, adopted preventive measures, informed and trained workers, and ensured adequate medical follow-up.

When a workplace accident occurs, the lack of safety documentation can worsen the company's position. The matter may intersect with labor, administrative, and civil liability. The article discusses... Workplace accidents and compensation It explains some of the associated rights and responsibilities.

Foreign workers

When foreign workers are involved, the ACT (Authority for Working Conditions) can verify whether their documentation allows them to work in Portugal and whether the employer has fulfilled its legal obligations.

You may be asked for identification documents, residence permits, expressions of interest, proof of application, contracts, communications to Social Security and information on working conditions.

The company must be careful not to adopt discriminatory practices. Document verification must respect the law, data protection, and equal treatment.

When there are doubts about residency, work authorization, or pending processes with AIMA, the company should seek advice before hiring or terminating contracts based on incomplete information.

The area of Nationality and Residence This can be relevant when the employment situation intersects with immigration and regularization of documentation.

Disciplinary proceedings, harassment, and internal conflicts.

ACT can intervene when there are complaints about moral or sexual harassment, abusive sanctions, wrongful dismissals, discrimination, violation of parental rights, or reprisals against workers.

In these cases, documents related to disciplinary procedures, internal communications, regulations, prevention policies, complaints filed, and measures taken by the company may be requested.

The company must ensure that disciplinary processes respect deadlines, the right to a defense, and proportionality. A poorly drafted notice of charges or a decision without adequate justification can weaken the employer's position.

In situations related to harassment, it is especially important to demonstrate that the company acted preventively and diligently. It may be helpful to consult information on... Workplace harassment and about Disciplinary procedure at work.

What to do during the inspection visit?

During the visit, the company should maintain a collaborative and organized approach.

It is recommended to identify a person responsible for accompanying the inspection, gathering documents, answering administrative questions, and recording requests made.

Before submitting documents, you should verify that they are the requested documents and keep copies. When it is not possible to submit something immediately, you should request an extension and confirm the later delivery in writing.

Workers can be heard by the ACT (Authority for Working Conditions). The company should not prevent these contacts or pressure workers about what they should say.

You also shouldn't destroy, alter, or create documents to respond to an audit. If non-compliance is detected, the best strategy is to legally assess the problem and rectify what is possible.

Notifications, fines and administrative offenses

Following the inspection, the ACT (Authority for Working Conditions) may close the case, request additional documents, issue a warning, order the correction of non-compliance, draw up a report, or initiate administrative offense proceedings.

If the company receives a notification, it should carefully read the contents, check the deadline, and identify what is required.

When a notice of violation or administrative offense is issued, the company may have the right to present a defense, submit evidence, indicate witnesses, and challenge the decision in accordance with the law.

It is not advisable to miss deadlines. Even when the company believes that the ACT (Portuguese Labor Authority) is wrong, failure to respond can hinder its defense.

The framing in Employment Law and in Criminal and Contravention Law This can be important when fines, penalties, managerial liability, or serious breaches of contract are involved.

Mistakes that the company should avoid

Some mistakes make the inspection more difficult and increase the risk of consequences.

The company should avoid:

• To prevent inspectors from accessing the property without justification;
• respond without verifying documents;
• to provide incomplete or contradictory information;
• Change records after inspection;
• conceal workers;
• Devalue notifications;
• Letting deadlines pass;
• Treating service providers as subordinate workers without regularizing their situation;
• Maintain formal schedules that differ from those in practice;
• not having workers' compensation insurance;
• Ignoring occupational medicine and safety;
• Pressuring workers after the visit.

Prevention is more effective than reaction. Companies with organized documentation, up-to-date contracts, and clear internal procedures are in a better position to respond to an audit.

How to prepare the company for an ACT inspection?

Preparation should be ongoing, not just after receiving a visit.

The company should periodically review contracts, schedules, pay slips, vacation schedules, training, occupational health, safety and health, work time records, and disciplinary proceedings.

It must also ensure that internal managers know where the documents are located and how to respond to requests from ACT.

In companies with rapid growth, multiple work locations, or frequent hiring, conducting internal labor audits can be beneficial. These audits allow for the identification of shortcomings before an inspection and the correction of practices that have become habitual without legal review.

Companies seeking regular monitoring can benefit from a monthly legal retainer, especially when they have workers, service providers, shifts, fixed-term contracts, or operations in multiple locations.

Quando é que deve consultar um advogado?

You should consult a lawyer when you receive a notification from the ACT (Authority for Working Conditions), when a report is filed, when there are doubts about requested documents, when there is a risk of a fine, or when the inspection involves sensitive matters such as false self-employment receipts, overtime, workplace accidents, dismissals, harassment, or foreign workers.

It is also advisable to seek support before the inspection if the company is aware of any documentation deficiencies or labor practices that need to be rectified.

A lawyer can analyze requests from the ACT (Authority for Working Conditions), prepare responses, organize documents, assist with the defense in administrative offense proceedings, and propose preventative measures to reduce future risks.

The support of Lawyers in Braga It can help local and national companies respond rigorously, without alarmism, and with respect for legal deadlines.

How can CSG Advogados help?

A CSG Solicitors The law firm of Dr. Catarina S. Gomes provides support to companies in labor matters, ACT inspections, administrative offenses, employment contracts, disciplinary proceedings, occupational health and safety, and document regularization.

The support may include labor audits, contract reviews, schedule analysis, preparation of responses to the ACT (Authority for Working Conditions), defense in administrative offense proceedings, and support in implementing corrective measures.

CSG Advogados can also support companies in preventing labor disputes, organizing documentation, providing internal training for administrative staff, and offering regular legal support.

When a company has employees in multiple locations or requires remote support, it can resort to Lawyers in Portugal for document analysis, preparation of responses, and monitoring of administrative procedures.

Each situation must be evaluated individually. The appropriate strategy depends on the nature of the inspection, the documents requested, the facts ascertained, and the specific risk to the company.

Conclusion

An inspection by the ACT (Authority for Working Conditions) must be handled with organization, transparency, and legal rigor. The company has a duty to cooperate, but it also has rights that must be respected during the inspection.

ACT may request contracts, receipts, time sheets, work hour records, health and safety documents, work accident insurance, training records, disciplinary proceedings, and other relevant documents to verify compliance with labor law.

The best way to reduce risks is to keep documentation up-to-date and consistent with the company's current practices. When there are notifications, official notices, or questions about documents, the response must be prepared within the deadline and based on evidence.

General information is not a substitute for individual analysis. If your company has been inspected by ACT, received a notification, or wishes to prepare proactively, you can schedule a consultation with CSG Advogados to assess documents, risks, and next steps.