LABOR & IMMIGRATION: Hiring Foreign Citizens without a NISS? Demystifying the Process.

Hiring international talent is increasingly an unavoidable reality for companies in Portugal. However, many recruitment processes stall or face delays due to a common bureaucratic misconception: demanding a Social Security Identification Number (NISS) from the foreign applicant before signing the contract.

Below, the Employment and Immigration Law team at Global Lawyers clarifies the official Social Security procedures regarding employment contracts with foreign citizens.

1. The Employment Contract Precedes the NISS

Contrary to what many organizations assume, employers can (and should) conclude employment contracts with foreign citizens even if they do not yet have a NISS.

In fact, the procedural logic is the exact opposite: the signed employment contract (or promissory employment contract) is the fundamental element and the supporting document required by Social Security for the foreign citizen to apply for their NISS.

Therefore, it is not necessary for the NISS to be included in the employment contract at the time of signing, nor should employers delay the hiring process waiting for it to be issued.

2. Communicating the Legal Link (Employment Relationship)

The employer's declarative obligation arises at a later stage. After the contract is signed and the NISS is subsequently allocated to the worker by Social Security, the employer must immediately formalize the communication of the legal link.

This procedure is carried out online through the Segurança Social Direta portal:

1. In the "Trabalho" (Work) menu, select the option "Entrada, saída e destacamento de trabalhadores" (Entry, exit, and posting of workers).

2. Click on "Admissão de Trabalhadores" (Hiring of Workers).

3. Select the option "Comunicar contrato e vínculo do trabalhador" (Communicate the worker's employment contract and legal link).

3. Compliance and Sustainability

The timely regularization of the contributory situation is an employer's duty and is absolutely essential to ensure the legal compliance of the hiring process. This step guarantees that the foreign worker is covered by the Portuguese social protection system, mitigating the risk of fines for undeclared work and labor infractions.

Does your company need support in hiring foreign staff? Bureaucracy should not be an obstacle to your team's growth. The Global Lawyers team provides integrated corporate advisory (Labor and Immigration) to companies, ensuring total compliance in the hiring of foreign citizens and the obtention of their respective visas and identification numbers. Contact us to streamline your HR processes.

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