Decree No. 5063, of 3 MAY 2004 adopted the Regimental Structure and the framework Statement of Positions and Functions functions of the Ministry of labor and employment, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the powers conferred. 84, subparagraphs IV and VI, paragraph a, of the Constitution, DECREES: Art. first Get approved Regimental structure and the framework Statement of Positions and Functions functions of the Ministry of labour and employment, in the form of annexes I and II to this Decree.
Art. 2 as a result of the provisions of art. First, are redeployed, in the form set out in annex III to this Decree, the following positions in the Group's Commission-direction and Advice-FROM: I-Management Secretariat, the Ministry of planning, budget and management, to the Ministry of labor and employment: one of the 101.5; ten of 101.4; Twenty-three of 101.3; four of 101.2; five of 101.1; three of 102.4; four of the 102.3; and three of the 102.2; and II-of the Ministry of labor and employment, to the Secretariat for management, the Ministry of planning, budget and administration: two of 102.1.
Art. 3 The apostilamentos arising from the adoption of the Regimental Structure of the art. 1 shall occur within 20 days, counted of the date of publication of this Decree.
Sole paragraph. After the apostilamentos referred to in the caput, the State Minister of labor and employment shall publish in the Official Gazette, within thirty days, counted of the date of publication of this Decree, a nominal relationship of holders of positions in the Group's Commission-direction and Advice-Top of referred to in annex I, indicating even the number of vacant positions , your name and their level.
Art. 4 The internal regulations of the agencies of the Ministry of labor and employment shall be approved by the Minister of State and published in the Official Gazette, within 90 days, counted of the date of publication of this Decree.
Art. 5 this Decree shall enter into force on the date of its publication.
Art. 6 Is repealed the Decree 4764 of 24 June 2003.
Brasília, 3 May 2004; 183 independence and 116 of the Republic.
LUIZ INÁCIO LULA DA SILVA Ricardo Jose Ribeiro Berzoini Guido Mantega REGIMENTAL STRUCTURE MINISTRY of labor and employment chapter I of the NATURE and JURISDICTION Art. 1 the Ministry of labor and employment, an agency of the federal administration, has as its area of competence the following issues: I-policy and guidelines for the generation of employment and income and to support worker;
II-policy and guidelines for the modernization of labor relations;
III-monitoring of the work, including port work, as well as application of the penalties provided for in law or collective standards;
V-training and professional development;
VI-security and health at work;
VII-immigration policy; and VIII-urban cooperatives and associations.
CHAPTER II ORGANIZATIONAL STRUCTURE Art. 2 the Ministry of labor and employment has the following organizational structure: I-direct and immediate assistance agencies when Minister of State: a) Office;
b) Executive Secretariat: 1. Internal Affairs;
2. General coordination of the guarantee fund of the service; e
3. Department of planning, budget and administration;
c) legal advice; and d) Ombudsman;
II-specific natural bodies: the public Policy Department) Job: 1. Department of employment and salary;
2. Department of qualification; e
3. Department of labor and employment policies for youth;
b) Ministry of labour inspection: 1. Department of Labour Inspection; e
2. Department of safety and health at work;
c) Secretary of labor relations;
d) sympathetic economy National Secretariat;
1. Department of studies and Dissemination; e
2. Department of promotion of economic solidarity;
III-decentralised units: regional Labor offices;
IV-collegiate bodies: the National Labour Council);
b) Board of Trustees of the Fund of guarantee of service;
c) deliberative Council the worker support fund;
d) National Council of Immigration; and sympathetic economy National Council);
V-linked entity: Jorge Duprat Figueiredo, occupational medicine and safety-FUNDACENTRO.
CHAPTER III the POWERS of section I of the Direct and immediate Assistance to the Minister of State Art. 3 the Office shall: (I)-watch the Minister of State in its political and social representation, take care of the public relations and the preparation and dispatch of your mail room personnel;
II-follow the progress of the projects of interest to the Ministry, in course in Congress;
III-provide customer service queries and requirements formulated by the National Congress;
IV-provide the official publication and disclosure of matters relating to the area of activity of the Ministry;
V-oversee activities related with the national immigration Council;
I saw him perform other duties are assigned by the Minister of State; and VII-watch the Minister of State in matters of international cooperation and technical assistance.
Art. 4 the Executive Secretariat shall: i. assist the Minister in the formulation of public policies, in the definition of policies and programmes and in the implementation of actions in the area of competence of the Ministry;
II-watch the Minister of State in supervising and coordinating the activities of prosecutors and Secretariats of the entity he bound;
III-supervise and coordinate activities of organization and administrative modernization, as well as those relating to the federal systems of planning and budget, accounting, financial management, information resources management and Informatics, human resources and General Services;
IV-oversee disciplinary and corrections activities developed within the Ministry and their decentralized units;
V-oversee activities related with the Board of Trustees of the Fund at the time of service; and coordinate, within the Ministry, the preparation of legislative proposals on labour matters or related.
Sole paragraph. The Executive Secretariat shall exercise the function of organ systems sector of civilian personnel of Federal Administration-SIPEC, administration of the information resources and Informatics-SISP, General Services-SISG, Federal budget and planning, Federal accounting and financial management through the Federal Secretariat for planning, budgeting and administration.
Art. 5 to internal affairs shall: (I)-planning, coordinating, directing, performing, control and evaluate the activities and disciplinary action disciplinary developed within the Ministry and their decentralized units;
II. promote actions aimed at the development and for the fulfilment of requirements relating to ethics and conduct functional discipline of servers;
III. check the disciplinary aspects of fiscal and administrative procedures; and IV-to propose to the Executive Secretary to establish inquiry or disciplinary administrative process, especially when seen in the omission in fulfilling the obligation established by art. 143 of law No. 8112 of 11 December 1990.
Art. 6 the general coordination of the guarantee fund of the service competes to plan, execute, coordinate and control the services of Executive Secretariat of the Board of Trustees of the Fund of guarantee of service.
Art. 7 the Secretariat for planning, budgeting and administration shall: I-plan, coordinate and supervise the execution of activities relating to the organisation and administrative modernization, as well as those relating to the federal systems of human resources, General Services, information resources management and information technology, and budget planning, accounting and financial management;
II-to maintain liaison with the bodies responsible for central coordination of the activities of the Organization and administrative modernization and systems referred to in item (I), with the purpose of orienting the units of the Ministry regarding the compliance with the established rules;
III-promoting the development and consolidation of plans and programs of activities of your area of expertise and submit it to top decision;
IV-to coordinate the preparation and consolidation of plans and programs of activities related to the Ministry, and submit them for consideration by senior management;
V-plan, coordinate and monitor the implementation of the budget and financial management activities of the worker support Fund-FAT;
VI-to monitor and promote the evaluation of projects and activities;
VII-to develop, within the Ministry, the budget execution activities, financial and accounting; and VIII-taken from accounts of expenditure and other computers responsible for goods and public values and all that I can about the loss, loss or irregularity resulting in damage to the Exchequer.
Art. 8 the legal advice, sectoral body of law General, shall: (I)-assist the Secretary of State on matters of legal nature;
II-exercise the coordination and supervision of the activities of the legal organ of the linked entity;
III-set interpretation of the Constitution, treaties and laws, other normative acts to be uniformly followed in their area of expertise and coordination, when there is no normative guidance of the Attorney-General's Office;
IV-watch the Minister of State in the internal control of the legality of administrative acts of jurisdiction, by: a) the exam blueprints, designs and drafts of normative acts of the Ministry's initiative, or that the Minister of State should countersign;
b) the elaboration of drafts and designs, when requested by the Minister of State; and (c)) the proposal for a declaration of invalidity of administrative act practiced within the Ministry;
V-examine, and conclusively, under the Ministry: a) drafts of tender notices, as well as the contracts and similar instruments, which must be signed or published by the authorities of the Ministry; and (b)) the acts for which go to recognize the non-requirement, or decide the dismissal, from bidding;
VI-express an opinion, when requested, on bills of interest, in course in Congress or forwarded to the sanction of the President of the Republic;
VII-to coordinate the legal activities of the Ministry;
VIII-review orders and judgments and guide the Ministry authorities as to their exact compliance;
IX-provide subsidies and issue opinions to the defence of the rights and interests of the Union and of the Ministry authorities, in the exercise of their positions;
X-coordinate the preparation of reports that the Ministry report to the International Labour Organization-ILO and submit them to the end of the Minister of State; and XI-comply with and enforce the regulatory guidance issued by the Solicitor-General, in accordance with the law.
Art. 9th the General Ombudsman competes receive, examine and forward complaints, compliments and suggestions regarding procedures and actions of agents and agencies under the Ministry, decentralized units and the entity he linked.
Section II Specific Natural Bodies Art. 10. The Public Employment Policies Secretariat shall: i. support the definition of public policies for employment, income, salary and professional qualification;
II-to plan, monitor and evaluate the programs related to the generation of employment and income, the unemployment, the unemployed worker support, child benefit and wage formation and professional development for the labour market;
III-plan and coordinate activities related with the national employment System, with regard to the integrated actions of orientation, placement and professional qualification;
IV. plan, coordinate, monitor and evaluate the actions for stimulating first job for the youth;
V-monitor compliance at the national level, the agreements and conventions ratified by the Brazilian Government with international organizations, in particular the ILO, in the Affairs of its area of competence; and promote labor law and related studies, within its competence, by proposing improvements.
Art. 11. The Department of employment and Salary shall: (I)-supervise and coordinate the implementation of programmes related to the generation of employment and income, the unemployment, the unemployed worker support and the wage child benefit;
II. plan, coordinate, execute and control the Executive Secretariat services of the deliberative Council of the Fund of support to the employee;
III-to guide, coordinate and control the actions, projects and activities relating to the identification of the worker and professional registration;
IV-oversee the upgrade of the Brazilian Classification of occupations-CBO, in order to promote its constant adaptation to the labour market;
V-set priorities and needs and normalize the data processing relating to the movement of employed and unemployed, providing systematic dissemination of analyses and information produced by observing the relevant legislation;
VI-supervise, guide, coordinate and normalize activities related with the Annual data processing of social information-RAIS, promoting the dissemination of information and their use in the systematic payment of benefits;
VII-to provide statistical information and indicators of changes in the labour market and employment, promoting the elaboration of analyses, surveys and reports able to subsidize the public employment policy formulation;
VIII-supervise and coordinate the implementation of the activities of the national employment System as regards the integrated actions of orientation and professional replacement;
IX-link up with the private sector and with non-governmental organizations, with a view to the expansion of the worker support and brokering manpower;
X-oversee and guide the implementation of labor legislation and related studies, within its competence, by proposing its improvement;
XI-to support technically the collegiate bodies of the Ministry, in its area of competence; and XII-link up with the other agencies involved in the activities of its area of competence.
Art. 12. The Department of Qualification shall: I-plan, coordinate, supervise, monitor and assess the implementation of public policies, including training programs, basic and continuing vocational training, certification, and professional development guidance, articulated with the elevation of education in perspective of social effectiveness and quality of its contents and methodology;
II. promote the coordination in the field of qualification, certification and professional orientation, with the departments of Labor and education of States and Municipalities, the State and Municipal Councils from work and education, trade union institutes and schools, vocational training institutions and Technical schools;
III-link up with social movements, the private sector and with non-governmental organizations, with a view to extending the actions of qualification, certification and professional orientation;
IV-to supervise and guide the implementation of labor legislation and related studies, within its competence, by proposing its improvement;
V-link up with the other agencies involved in the activities of your area of competence; and I saw support technically the collegiate bodies of the Ministry, in its area of competence.
Art. 13. The Department of labour and Employment Policies for youth racing: I-guide and coordinate the activities of the training course and learning of the young, to promote their professional qualification, as well as the implementation of the voluntary civil service;
II. to articulate and develop partnerships with the private sector in order to receive vacancies for the qualification or insertion of young people in the labour market;
III-link up with organizations of civil society, encouraging and supporting the formation of consortia, youth social actions of preparation and insertion of young people in the labour market;
IV-to plan, coordinate and monitor the implementation of the actions of intermediation of labour of young people through the granting of economic subsidy to employers for job creation;
V-monitor the implementation of the actions for granting credit to the young entrepreneur, assisted under the programme of employment and income-generation PROGER;
I saw support technically the collegiate bodies of the Ministry, in its area of competence; and VII-link up with the other agencies involved in the activities of its area of competence.
Art. 14. The Department of labour inspection shall: I-to formulate and propose the guidelines of labour inspection, including port work, prioritizing the establishment of policy of combating forced labour and child, as well as all forms of degrading;
II-to formulate and propose the guidelines and standards of practice in the area of safety and health of the worker;
III-to participate, together with the other secretariats, the elaboration of special programmes of work protection;
IV-participating, together with other Departments, the formulation of new regulatory procedures of the capital-labor relations;
V-supervise, guide and support, in conjunction with the Department of labor relations, mediation activities in collective labor conflicts, when carried out by Auditors-tax;
VI-to formulate and propose the guidelines of their monitoring of the gatherings of the guarantee fund-FGTS Service time;
VII-propose actions, under the Ministry, aiming at the optimization of mutual cooperation, exchange of information and establishment of integrated actions between the Federal testing;
VIII-to formulate and propose guidelines for improving technical-professional and personal management of labour inspection;
IX-promote labor law and related studies, within the framework of its competence, proposing its improvement;
X-supervising the activities aimed at the development of integrated programs and actions of technical-scientific cooperation with national and international bodies in the area of their competence;
XI-monitor compliance at the national level, the agreements and conventions ratified by the Brazilian Government with international organizations, in particular the ILO, in the Affairs of its area of competence;
XII-proposing guidelines for the improvement of labor relations in their area of competence; and XIII-download standards related to its area of competence.
Art. 15. The Department of Labour Inspection shall: i. support the formulation and proposal of the guidelines of the labour inspection, especially of policies to combat child labour and all forms of degrading work, as well as port labor;
II-to subsidize the formulation and proposal of the guidelines of the supervision of FGTS gatherings;
III-plan, supervise, guide, coordinate and control the actions and activities of the labour inspection, including those relating to the monitoring of FGTS gatherings;
IV-to supervise and control the generation, systematization and dissemination of information concerning labour inspection and the supervision of FGTS gatherings;
V-support the proposition of guidelines and standards for the improvement of labor relations, in the area of their competence;
VI-follow the activities of the FGTS Board of Trustees;
VII-supervise the shipment of legislation and administrative acts of the supervision work at regional Labor offices;
VIII-to subsidize the formulation and proposal of guidelines for improving technical-professional and personal management of labour inspection; and IX-coordinate the activities aimed at the development of integrated programs and actions of technical-scientific cooperation with national and international bodies in the area of their competence.
Art. 16. The Department of safety and health at work shall: (I)-subsidizing formulation and proposal of the guidelines and standards of practice in the area of safety and health at work;
II-to plan, supervise, guide, coordinate and monitor the implementation of activities related to the inspection of the environments and working conditions;
III-to plan, coordinate and direct the implementation of the programme of Worker power and the national campaign for the prevention of industrial accidents;
IV-to plan, supervise, guide, coordinate and control the actions and activities of labour inspection in the area of occupational safety and health;
V-subsidizing the formulation and proposal of guidelines for improving technical-professional and personal management of labour inspection in the field of safety and health;
VI-coordinate the activities aimed at the development of integrated programs and actions of technical-scientific cooperation with international organizations, in the area of their competence; and VII-supervise, within the framework of its competence, the consignment of legislation and administrative acts of the supervision work at regional Labor offices.
Art. 17. The secretariat of labor relations shall: I-to formulate and propose policies, programmes and projects for the democratization of labor relations, in conjunction with the other public policies, strengthening the dialogue between the Government, workers and employers;
II-develop and propose guidelines and standards aimed at promoting autonomy of relations between workers and employers;
III-to plan, coordinate, guide and promote the practice of collective bargaining, mediation and arbitration;
IV-to promote studies on the Trade Union law and labor law, in its area of competence;
V-monitor compliance at the national level, the agreements and conventions ratified by the Brazilian Government with international organizations, in particular the ILO, in the Affairs of its area of competence;
VI-develop and manage the registration of unions of workers and employers, public servants and professionals, as well as the database on labour relations;
VII-propose actions that contribute to capacity-building and technical training of the professionals working in the field of labor relations;
VIII-grant and cancel registration of temporary employment undertakings and registration of unions according to objective criteria established by law;
IX-promote partnerships with public administration bodies in the formulation and implementation of programmes in the area of competence; and X-support technically the collegiate bodies of the Ministry, in its area of competence.
Art. 18. The sympathetic economy National Secretariat shall: i. support the definition and coordination of the policies of economic solidarity within the Ministry;
II-link up with representations of civil society that contribute to determining guidelines and policy priorities of economic solidarity;
III-to plan, monitor and evaluate the programs related to the solidarity economy;
IV-collaborate with other government agencies in development programs and combating unemployment and poverty;
V-to encourage the creation, maintenance and expansion of job opportunities and access to income through self-organized enterprises, organized a collective and participatory, including popular economy;
VI-stimulate the social relations of production and consumption based on cooperation, solidarity and the satisfaction and appreciation of human beings and the environment;
VII. contribute to microfinance policies, stimulating credit cooperatives and other forms of organization of this sector;
VIII-to propose measures to encourage the development of solidarity economy;
IX-present studies and suggest adjustments in legislation, with a view to strengthening solidarity enterprises;
X-promote studies and research that contribute to the development and dissemination of solidarity economy;
XI-to supervise and evaluate the Secretariat's partnerships with other Federal Government agencies and with State and local governments;
XII-supervise and evaluate the Secretariat's partnerships with social movements, development agencies of solidarity economy, financial institutions and entities representing the cooperative movement;
XIII-supervise, guide and coordinate the services of the Secretariat of the National Council of solidarity economy;
XIV-support technically the collegiate bodies of the Ministry, in its area of competence; and XV-link up with the other agencies involved in the activities of its area of competence.
Art. 19. The Department of studies and Dissemination shall: (I)-contribute to the development and dissemination of research in the area of solidarity economy;
II-link up with the Qualification Department, Secretariat of public policies for employment, to promote training actions in the field of solidarity economy;
III-to promote seminars, meetings and other activities which have as their objective the dissemination and promotion of economic solidarity;
IV-to coordinate studies of legislation aimed at strengthening the solidarity economy; and V-support initiatives of the universities with a view to creating academic and scientific field of solidarity economy.
Art. 20. The Department of promotion of economic solidarity shall: I-promote actions and develop and coordinate programs aimed at the development and strengthening of solidarity economy;
II coordinate the articulation and development of partnerships with non-governmental organizations, professional associations, universities and other institutions for the development of solidarity economy programs;
III-to promote the expansion of solidarity enterprises, through the opening of sales channels and the dissemination of the concepts of fair trade and ethical consumption;
IV-promoting joint financing policies that enable the creation of new enterprises and the development and consolidation of existing ones; and V-cooperate with the Secretariat of public policies for employment and other government agencies for the development of credit lines that are more suitable to solidarity projects.
Decentralized units Art. 21. The regional Labor offices, subordinated directly to the Minister of State, to coordinate, guide and control, in the area of his jurisdiction, the implementation of activities related to the supervision of the work, the inspection of working conditions, the application of penalties laid down in legal provisions or collective guidance to the employee, the supply of work and Social Security , orientation and support to the unemployed worker, mediation and arbitration in collective bargaining, conciliation of labour disputes, the assistance on termination of the contract of work, in accordance with the guidance and standards issued by the Ministry.
Section IV of the collegiate bodies Art. 22. The National Council for labour fit exercise the powers set out in art. 1 of Decree No. 1617, of 4 September 1995.
Art. 23. The Board of Trustees of the Fund of guarantee of service shall: i. establish the guidelines and all allocation programmes FGTS funds, in accordance with the criteria laid down in the legislation in force, in line with the national urban development policy and sectoral policies of popular housing, basic sanitation and urban infrastructure established by the Federal Government;
II-to monitor and evaluate the financial and economic management of resources, as well as the social gains and the performance of approved programs;
III-to assess and approve the annual and multiannual programmes of the FGTS;
IV-comment on FGTS accounts, before its submission to the internal organs for legal purposes;
V-adopt appropriate arrangements for the correction of acts and facts of the application manager and the operator agent that affect the performance and the fulfilment of the purposes in FGTS funds;
I saw resolve doubts about the application of the rules, concerning the FGTS, in matters of its competence;
VII-to approve its internal regulations;
VIII-set compensation standards and values of the operator and agent of financial agents;
IX-fix criteria for payment of overdue gatherings;
X-fix criteria and value of remuneration for the exercise of supervision;
XI-spread, in the Diário Oficial da União, all decisions, as well as the FGTS accounts and their opinions;
XII-fix criteria and conditions for compensation claims from the employer, arising from deposits related to workers not choosers, with extinct, and debts resulting from overdue skills, including those that are object of FGTS debt composition; and XIII-exercise other powers contemplated in Decree No. 99684, of 8 November 1990.
Art. 24. The Board of Directors of the Fund of support to the worker shall: (I)-manage the Fund of support to the employee;
II-to approve and monitor the implementation of the annual plan of work of the program of unemployment insurance and Wage Allowance and their budgets;
III – resolve on the presentation of the accounts and the budget execution and financial reports on FAT;
IV-preparing the budget proposal of the FAT, as well its alterations;
V-propose the improvement of legislation on unemployment insurance and Wage Allowance and regulate the legal provisions under its jurisdiction;
I saw you decide about your own organization, developing its internal regulations;
VII-analyze agent applicator reports on the form, time and nature of the investments;
VIII-to supervise the administration of FAT and may request information on contracts entered into or about to be executed and any other acts;
IX-define indexers in case substitutes for revocation or amendment of those referred to in the relevant legislation;
X-download instructions required the return of portions of the benefit of unemployment insurance, wrongly received;
XI-change rates pertaining to propose contributions referred to art. 239 of the Constitution, in order to ensure the financial viability of the FAT;
XII-deadlines for processing and sending to the requisition worker of unemployment insurance benefit, depending on the existing technical possibilities, establishing herself as the goal within thirty days; and XIII-deliberate on other matters of interest to the FAT.
Art. 25. The National Immigration Council fit exercise the powers laid down in Decree No. 840, of 22 June 1993.
Art. 26. The National Board of solidarity economy shall: (I)-to encourage the participation of civil society and Government in the framework of the policy of solidarity economy;
II-propose guidelines and priorities for the policy of solidarity economy;
III-propose the improvement of legislation, with a view to strengthening the solidarity economy;
IV-assess the compliance of the programmes of the National Secretariat of solidarity economy and suggest measures to improve their performance;
V-critically examine proposals for public policies that are referred to it by the National Secretary of the solidarity economy and introduce amendments or substitute them for the consideration of the Secretariat;
VI-submit, at the request of its members, policy proposals or activities to be submitted to the consideration of the sympathetic economy National Secretariat;
VII – approve its internal regulations and subsequent amendments;
VIII-to coordinate the activities of entities it represented with the sympathetic economy National Secretariat;
IX-propose new partnerships between entities on it represented and the sympathetic economy National Secretariat; and X-collaborate with other Councils with development policies, combating unemployment and poverty.
CHAPTER IV of the POWERS of the DIRECTORS Section 1 of Executive Secretary Art. 27. The Executive Secretary shall: (I)-to coordinate, consolidate and submit to the Minister the global plan of action of the Ministry;
II. oversee and coordinate the secretariats prosecutors;
III-oversee and assess the implementation of the projects and activities of the Ministry;
IV-supervise and coordinate the articulation of the agencies of the Ministry with the central organs of the affections systems competence of the Executive Secretariat; and V-exercise other duties are assigned by the Minister of State.
Section II of the Art. 28. The Secretary shall be responsible for planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the organs of their Office and perform other duties that they are committed in internal regulations.
Section III of the Art Directors. 29. The Chief Minister's Office, the legal adviser, the Undersecretary, the Corregidor, the directors, coordinators-General, to the Delegates, the Subdelegation, the heads of the agencies and other leaders is up to plan, direct, coordinate and guide the implementation of the activities of their units and perform other duties assigned to them, in their respective areas of competence.
Chapter V GENERAL PROVISIONS Art. 30. The internal regulations shall define the details of the members of this Regimental Structure, the powers of the respective units and assignments of their leaders.