Law No. 13026, 03 September 2014

Original Language Title: Lei nº 13.026, de 03 de setembro de 2014

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Law No. 13026, of 3 SEPTEMBER 2014 Changes the laws No. 10410, of 11 January 2002, which creates and regulates the Environment specialist career, 11357, and 19 October 2006, in so far as it provides for the special plan of offices of the Ministry of the environment and of the Brazilian Institute of the environment – IBAMA; creates the endangered Framework to combat endemic diseases; and authorizes the transformation of the jobs created by the art. 15 of law No. 11350, of 5 October 2006, in charge of combating endemic diseases.
The President of the REPUBLIC do I know that the National Congress decrees and I sanction the following law: Art. 1 law No. 10410, of 11 January 2002, with the following changes: "Art. 1st Is created the Career of specialist in Environment, composed of the offices of Environmental Manager, Administrative Manager, Environmental Analyst, administrative analyst, Environmental Technical, administrative and ancillary Administrative Technician, covering the positions of personnel of the Ministry of the environment, the Brazilian Institute of environment and renewable natural resources-IBAMA and Chico Mendes Institute for biodiversity conservation-Chico Mendes Institute.
..............................................................................................." (NR)
"Art. 4º .....................................................................................
Sole paragraph. The activities mentioned in the caput may be distributed by areas of expertise or grouped in order to characterize a broader set of assignments, in accordance with the notice of invitation to tender. " (NR)
"Art. 5 's assignment as administrative analyst exercise of all administrative and logistical activities relating to the exercise of the constitutional and legal powers by the Ibama and Chico Mendes Institute. " (NR)
"Art. 7 Is the award of the Technical Administrative position acting in administrative and logistic support activities relating to the exercise of the constitutional and legal powers by the Ibama and Chico Mendes Institute. " (NR)
"Art. eighth Is attribution of the post of administrative assistant the administrative and logistical activities performance of basic level relating to the exercise of the constitutional and legal powers by the Ibama and Chico Mendes Institute. " (NR)
"Art. 11. The ticket in the Career of specialist in the environment referred to in art. 1 of this Act will occur subject to prior approval by in tender, proof or evidence and titles, in the initial pattern of initial class.
§ 1-the contest of the caput may be organized in stages, including, where appropriate, training course, as have the notice of the competition.
§ 2º ...........................................................................................
I-graduate diploma in higher level or legal qualification equivalent to the offices of Environmental Manager and Environmental Analyst;
II-graduate diploma in higher level, with specific legal qualification as announcement of the contest, to the positions of Administrative Manager and administrative analyst;
III-certificate of completion of secondary education or equivalent, to the post of technician; and IV-certificate of completion of secondary education, and specific legal qualification, if any, as defined in the notice of competition for the position of Administrative Technician.
§ 3 the competition to join the Environmental Analyst position may be held by area of specialization, and may be required specific training, as set out in public notice. " (NR)
"Art. 14. The development of the career of Server Environment expert in the art. 1st occurs through functional progression and promotion.
Sole paragraph. For the purposes of this Law, functional progression is the passage from the server to the next higher maturity pattern within the same class, and promotion, the passage of the last pattern of a class to the first standard of the next higher class. " (NR)
"Art. 15. The development of the server in the Environment specialist career in art. 1 this Law shall observe the following rules: (I)-for purposes of functional progression: a) line of interstitial of 1 (one) year of effective exercise in each standard; and (b)) a result equal to or greater than 70% (70%) of the maximum score in the individual performance evaluations, in the interstitial considered for progression; and II-for promotion purposes: the interstitial compliance of 1) (a) year of effective exercise in the last pattern of each class;
b) result equal to or greater than 80% (80%) of the maximum score in the individual performance evaluations, in the interstitial considered for promotion; and c) participation in training events with content and minimum hours defined in Act of the Executive branch.
(1) for the purposes of promotion, participation in training events, set forth in subsection (c) of item II of the caput, will be disregarded in the first 2 (two) years from the date of publication, to enable the appropriateness, of the entities and of the servers this requirement.
§ 2 the individual performance assessment applied for perception of Performance bonus Environmental Expert activity-GDAEM will be used for the purposes of performance evaluation for progression and promotion.
§ 3 the server job occupant of special nature or in group-Commission direction and Advice-of 4 levels, 5 or 6 or equivalent applies, for the purposes of promotion and progression, only subparagraphs (a) of the items I and II of the caput and (c) of item II of the caput.
§ 4 The progression criteria laid down in subparagraphs (a) and (b) of item I of the caput shall apply from January 1, 2014. " (NR)
"Art. 16. the interstitial for the functional progression and promotion, as provided for in point (a) of the items I and II of the caput of the art. 15, will be computed in days counted of the date of entry into Office of the server in the Office.
§ 1 in case of servers already in the interstice of the caput shall observe the last functional progression or promotion granted to the server.
(2) the count of the interstitial for functional progression and promotion shall be suspended in the absences and departures from the server, except those considered by law No. 8112 of 11 December 1990, as effective exercise, being taken over the statement from the return to activity.
§ 3 In case of removal considered as effective exercise, without prejudice to the remuneration, the server will receive the same score earlier in the performance evaluation to functional progression and promotion purposes, until it is processed its first evaluation after returning.
§ 4 there will be no functional progression or promotion if there have been no previous review, albeit under removal order considered to be of effective exercise. "" Art. 17-a. Fits to the capacity to which the server is bound to implement permanent training program, training and development, intended to ensure the professionalization of the holders of the offices of Environment specialist career in art. 1.
(1) training and qualification will observe the Annual Training Plan with the objective of improving the training of staff effective servers and the performance of the activities of each unit.
(2) training and qualification needs of the server whose performance has been considered inadequate will be prioritized in the planning of the Annual Training Plan of the capacity to which the server is bound. "" Art. 17. The exercise of the tasks typical of the positions that make up the career as a specialist in Environment, that this Law, in towns located in Legal Amazon, will ensure their holders priority on completion of specific training course for promotion purposes and removal competitions. "" Art. 18-a. acts of functional progression and promotion will be published, respectively, in Internal Bulletin of the stocking and the Diário Oficial da União, yielding financial effects from the first day following the date on which the server completed the requirements. "
Art. 2 Law No. 11357, of 19 October 2006, with the following changes: "Art. 14. The servers that it is art. 14-A, which were covered in the class, standard I of the structure referred to in annex VI of this law, are reenquadrados in the amount of a standard for each full year of effective exercise in Office under the Ministry of the environment, the Ibama or Chico Mendes Institute.
Sole paragraph. The provisions of the main clause does not generate retroactive financial effects prior to January 1, 2014. "" Art. 16. The development of the server in the PECMA of the art. 12 of this law occurs through functional progression and promotion.
I-(repealed);
II-(repealed);
III-(repealed);
IV-(repealed);
V-(repealed).
(1) for the purposes of the provisions in the caput, progression is the passage from the server to the next higher maturity pattern within the same class, and promotion, the passage of the last pattern of a class to the first standard of the class immediately above, in compliance with the following requirements: (I)-for purposes of functional progression: a) line of interstitial of 1 (one) year of effective exercise in each standard; and

b) result equal to or greater than 70% (70%) of the maximum score in the individual performance evaluations, in the interstitial considered for progression; and II-for promotion purposes: the interstitial compliance of 1) (a) year of effective exercise in the last pattern of each class;
b) result equal to or greater than 80% (80%) of the maximum score in the individual performance evaluations, in the interstitial considered for promotion; and c) participation in training events with content and minimum hours defined in Act of the Executive branch.
(2) for the purposes of promotion, participation in training events established in point (c) of item II of § 1 may be disregarded until July 1, 2016.
§ 3 the individual performance assessment applied for perception of Performance bonus of Executive and technical Activity and the Environment-GTEMA can be used for the purposes of performance evaluation for progression and promotion.
§ 4 the server job occupant of special nature or position in group-Commission direction and Advice-of 4 levels, 5 or 6 or equivalent applies, for the purposes of promotion and progression, only subparagraphs (a) of the items I and II of paragraph 1 (a) and (c) of item II of § 1.
§ 5 the interstitial required for functional progression and promotion, as provided for in (a) of the items I and II of paragraph 1, shall be computed in days, counted of the date of entry into Office of the server in the Office.
paragraph 6 in the case of servers already in the interstice of the § 5 notice the date of the last progression or promotion granted to the server.
§ 7° the interstitial score to functional progression and promotion shall be suspended in the absences and departures from the server, except those considered by law No. 8112 of 11 December 1990, as effective exercise, being taken over the statement from the return to activity.
§ 8 In case of removal regarded as of effective exercise, without prejudice to the remuneration, the server will receive the same score earlier in the performance evaluation to functional progression and promotion purposes, until it is processed its first evaluation after returning.
§ 9 there will be no functional progression or promotion if there have been no previous review, albeit under removal order considered to be of effective exercise.
§ 10. Executive Act determine the criteria for the granting of functional progression and promotion of the caput. " (NR)
"Art. 16-a. Fits to the capacity to which the server is bound to implement permanent training program, training and development, intended to ensure the professionalization of the holders of the offices of PECMA in the art. 12. (1) the training and the qualification will observe the Annual Training Plan, with the objective of improving the training of staff effective servers and the performance of the activities of each unit.
(2) training and qualification needs of the server whose performance has been considered inadequate will be prioritized in the planning of the Annual Training Plan of the capacity to which the server is bound.
(3) the exercise of the tasks typical of the positions that make up the special plan of offices of the Ministry of the environment and of the Brazilian Institute of environment and renewable natural resources-IBAMA-PECMA, of this Law, in towns located in Legal Amazon, will ensure their holders priority for completion of specific training course for promotion purposes and removal competitions. "" Art. 16-b. acts of functional progression and promotion will be published, respectively, in its internal Bulletin Board of stocking or in the Diário Oficial da União, yielding financial effects from the first day following the date on which the server completed the requirements. "
Art. third Is created the endangered Framework to combat endemic diseases and authorized the transformation of jobs created by the art assets. 15 of law No. 11350, of 5 October 2006, in charge of combating endemic diseases, to be governed by law No. 8112 of 11 December 1990.
§ 1 the endangered Framework to combat endemic diseases will be composed exclusively by the Office of Agent to combat endemic diseases, auxiliary level, being linked to the personnel of the Ministry of health.
§ 2 the transformation of jobs in public offices in the caput of this article, with the consequent entry into the endangered Framework to combat endemic diseases, shall be automatically saved by irrevocable option, to be formalized within 90 (90) days from the date of entry into force of this law, in the form of the Option set out in annex I.
§ 3 The employees that they could formalize the option referred to in paragraph 2 of this article shall remain within the framework of the fight against endemic diseases, which deals with the art. 11 of law No. 11350, of October 5 2006, linked to the National Health Foundation FUNASA and governed by the consolidation of labor laws, approved by Decree-Law nº 5452 of 1st May 1943.
§ 4 the remuneration structure of the Office of combating endemic diseases is contained in annexes II and III, observed the correlation established in Annex IV.
§ 5 the transformation of the caput shall lead to not to change the level of education of the Office, regardless of schooling dograu presented at the time of processing.
Art. 4 the irreducibility of remuneration is guaranteed to fit in the table servers in Extinction of combating endemic diseases.
Sole paragraph. In the event of a reduction as a result of application of this law, the difference shall be paid by way of personal advantage Nominally Identified-VPNI, being absorbed in the course of development, restructuring, granting of remuneration table adjustments, additional, gratuities or advantage of any kind, as the case may be.
Art. 5 the ticket as Agent to combat endemic diseases will occur on the first day following the expiration of the option referred to in paragraph 2 of art. 3 of this Act.
Sole paragraph. The initial framework in Office will notice the correlation table set out in annex IV.
Art. 6 the framework in the context of combating endemic diseases endangered if not configures as dismissal, in accordance with labor legislation, not allowing the payment of severance check or money indemnity related to the contract of employment, except holidays, due and proportionate, and the Christmas bonus.
Art. 7 functional development server that this Law will occur through progression and promotion.
Sole paragraph. For purposes of this Law, progression is the passage from the server to the next higher standard within the same class, and promotion, the passage of the last pattern of a class to the first standard of the next higher class.
Art. 8 the progression between the patterns that make up each class will notice the interstitial minimum of 18 (eighteen) months of effective exercise.
Sole paragraph. The interstice of the caput shall be: (I)-computed in days, discounted the distances that are not considered to be effective exercise, pursuant to law No. 8112 of 11 December 1990; and II-suspended in cases where the server get away without remuneration, being taken over the statement from the return to activity.
Art. 9 for the purposes of promotion, should be subject to the minimum of interstice 18 (eighteen) months of effective exercise in the last pattern of each class.
Art. 10. The remuneration structure of the Office of Agent to combat endemic diseases will be composed of: (I)-Basic Salary; and II-exercise Gratification of combating endemic diseases-GEACE.
Art. 11. Is established the gratification for the exercise of the activity of combating endemic diseases-GEACE, due to the occupants of the Office of combating endemic diseases, within the framework of combating endangered Endemics, the staff of the Ministry of health.
§1 the Geace will be due to holders of public office that this Law, which, on a permanent basis, undertake combat activities and control of endemic diseases, in urban or rural area, including on indigenous lands and remnant quilombolas, extractive and riverine areas.
§ 2 the Geace not will serve as the basis of calculation for any other benefits, remuneration or benefits plots.
§ 3 the Geace is not due to the occupants of Office in Commission or reliable function.
Art. 12. The value of Geace is contained in annex III of this law.
Art. 13. Applies to the occupants of the Office of Agent to combat endemic diseases the journey of 40 (40) hours per week, provided for in law No. 8112 of 11 December 1990.
Art. 14. The positions transformed by this law will be automatically extinguished in the event of any vacancy assumptions laid out in law No. 8112 of 11 December 1990.
Art. 15. It is forbidden the redistribution of positions of Agent to combat endemic diseases to other organs of the federal public administration, irrespective of the provisions of art. 37 of law No. 8112 of 11 December 1990.

Art. 16. Combating endemic diseases agents members of endangered Framework to combat endemic diseases may be placed at the disposal of the States, the Federal District and the Municipalities, under the Sistema Único de Saúde-SUS, by agreement, or for the management of public services, through public consortium agreement, pursuant to law No. 11107, of 6 April 2005 , maintained the binding to the Ministry of health and without prejudice to the respective rights and advantages.
Art. 17. This law shall enter into force on the date of its publication.
Art. 18. Is repealed art. 22 of law No. 10410, 11 January 2002.
Brasília, 3 September 2014; 193 of independence and 126 of the Republic.
ROUSSEFF Arthur Chioro Miriam Belchior Izabella Monica Vieira Teixeira

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