Presidential Decree no. 49/25 of 18 February, which regulates the Exercise of Professional Activity by Non-Resident Foreign Workers, was published in the Official Gazette and entered into force on the date of its publication.

The aforementioned Presidential Decree repeals Presidential Decree no. 43/17 of 6 March and Presidential Decree no. 79/17 of 24 April and all legislation that contradicts the provisions of this decree.

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Noteworthy changes:

 

i. It is no longer necessary to present a criminal record by means of a document issued in the country of origin;

ii. The declaration of commitment to return to the country of origin after the termination of the employment contract must be recognised by notary services;

iii. The contract with a worker with a temporary residence visa, authorised to carry out paid activities, is now subject to registration;

iv. The respective renewals and additions are also subject to registration;

v. In addition to the payment of taxes, they are also subject to the payment of other contributions under the terms of the legislation in force on the matter;

vi. Payment for the registration of contracts will now be made into the Single Treasury Account (CUT), using the Single Payment Reference (RUPE);

vii. It is now possible to transfer a foreign worker to a company in the same group.

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Presidential Decree no. 49/25, of 18 February, addresses the need for normative parameterization of services with rates defined by law for payment to the State, with automatic return of the consigned revenue in the form of a financial quota of own resources, and the promotion of the unity of the legislation regulating the employment contract of non-resident foreign workers.

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The content of this newsletter is general and abstract and does not replace legal advice tailored to specific cases. FBL Advogados is pleased to assist any interested parties regarding the terms and forms of the Presidential Decree discussed in this newsletter. Our team is prepared to provide specialized technical support, offering relevant solutions and recommendations.

For more information, please contact:

Eugénio Vinevala and Neuza Melão Dias | eugenio.vinevala@fbladvogados.com | neuza.melaodias@fbladvogados.com

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