Decree No. 6,552, September 1, 2008

Original Language Title: Decreto nº 6.552, de 1º de Setembro de 2008

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO. 6,552, DE 1º OF SEPTEMBER 2008.

Regulates Performance Gratification of Execution Activity and Technical Support to Audit-GDASUS, of which it treats Law no 11,344, of September 8, 2006.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and in view of the willing in the arts. 30 a to 38 of Law no 11,344 of September 8, 2006,

DECRETA:

Art. 1o The Gratification of Execution Activity Performance and Technical Support to Audit-GDASUS, of which they treat the arts. 30 a 38 of Law no 11,344, of September 8, 2006, is regulated by this Decree.

Art. 2the The GDASUS is due to occupants of the effective proofing posts governed by Law no 8,112 of December 11, 1990, in effective exercise at the National Department of Audit of the Health Ministry's Single Health System-DENASUS, which comply with the weekly work journey of forty hours, while stay in this condition

Art. 3o GDASUS will be paid with observance of the following limits:

I-maximum, one hundred points per server ; and

II-minimum, ten points per server, corresponding each point to the value set in Annex XV of the Lei no 11,344, of 2006.

Art. 4o The score regarding GDASUS is thus distributed:

I-up to twenty percentage points of its maximum limit will be allocated as a result of the results of the individual performance evaluation ; and

II-up to eighty percentage points of its maximum limit will be allocated as a result of the evaluation of the institutional result of DENASUS.

Single Paragraph. The value to be paid for GDASUS will be calculated by multiplying the sum of the points earned in the institutional and individual performance assessments by the value of the point constant of Annex XV of the Act no 11,344 of 2006.

Art. 5o The GDASUS is intended to encourage the enhancement of the shares of the DENASUS in all its areas of activities, and will be granted in accordance with the results of the individual and institutional performance evaluations.

Art. 6the The individual performance evaluation aims to assess the performance of the server in the exercise of the assignments exercised at DENASUS, with a focus on the individual contribution to the scope of organizational objectives.

Single Paragraph. In the individual performance evaluation, the following minimum criteria will be observed:

I-dedication and commitment to the institution ;

II-knowledge of work and self-development ;

III-technical quality of work and productivity ;

IV-initiative ; and

V-discipline and interpersonal relationship with both the internal and external audience.

Art. 7the Institutional performance evaluation aims to assess the performance of the DENASUS in the range of organizational objectives, and may consider priority projects and activities and special working conditions, plus other specific features.

§ 1o The institutional performance targets will be fixed annually in the act of the Minister of State of Health, and must be aimed at the benchmarking of DENASUS in the monitoring of approved programming of the application of the resourced resources to the States, the Municipalities, the Federal District and the verification of regularity of the procedures practiced by physical and legal persons, upon analytical examination, verification in loco, and pericial.

§ 2o The goals referred to in § 1o must be objectively measurable and directly related to the activation-end of the DENASUS, taking into account, at the time of their fixation, the indices achieved in the previous exercises.

§ 3o The institutional performance targets and the results ascertained every period will be widely disseminated by DENASUS, including on its electronic site.

§ 4o The goals could be reviewed in the assumption of supervenience of factors that have significant and direct influence on its achievement, provided that the DENASUS itself has not given cause to such factors.

Art. 8o The criteria and specific performance evaluation procedures individual and institutional and attribution of GDASUS will be established in act of the Minister of State for Health.

Single Paragraph. The act referred to in the caput should contain:

I-identification of the person responsible for compliance with general and specific criteria and procedures of performance evaluation in each evaluation unit ;

II-the factors to be an injured in the individual performance evaluation ;

III-the institutional performance indicators to consider for each factor ;

IV-the relative weight of each factor ;

V-the evaluation methodology to be used, covering the procedures that will bear the process of assessment, the sequence in which they will be developed and those responsible for their implementation ;

VI-the procedures concerning the forwarding of resources on the part of the evaluated server ; and

VII-the definition of the minimum percentage of reach of the targets below which the share of GDASUS corresponding to the institutional evaluation will be equal to zero, being the percentage of gratuity distributed proportionally in the range between that limit and the maximum reach index of the targets.

Art. 9o The assessments regarding the individual and institutional performances will be ascertained semarily and will produce monthly financial effects for equal period.

§ 1o The average of the individual performance evaluations of the server pool no can be proportionately higher than the outcome of the DENASUS institutional performance evaluation.

§ 2o The GDASUS will be processed in the subsequent month at the end of the evaluative period, and its financial effects will begin in the month following the processing of the assessments.

§ 3o The individual evaluation will generate financial effect only if the server has remained in exercise for, at the very least, two thirds of a full period of evaluation.

Art. 10 It will be instituted, within the framework of the DENASUS, performance evaluation committee with the purpose of judgeting the interposed resources as to the outcome of the individual evaluations.

§ 1o The composition and operation form of the committee will be defined in act of the Minister of State of Health.

§ 2o It is still up to the committee to propose, in the criteria and procedures set forth for the individual performance evaluation, the changes deemed necessary for their best application, observed the provisions of this Decree.

Art. 11 In the definition of the procedures that it treats art. 9o, it will be considered the obligation to scientify the server as to the outcome of its individual assessment and the possibility of appeal interposition.

§ 1o In the case of server-resource interposition, the evaluator may reconsider fully your decision, partially defers or dismist the plethet.

§ 2o On the assumption that the evaluator will retain or partially modify its decision, in the form of § 1o, you should refer the process, duly motivated, within five days, to the committee that it treats the art. 10, which will judge you in the last instance.

Art. 12 A from the first day of the month in which the performance targets are set institutional DENASUS and until the results of the respective performance evaluation are processed, may be anticipated up to eighty per cent of the maximum value of GDASUS, as per the level of the post, by observing, in this case:

I-the existence of budgetary and financial availability for the realization of expenditure ; and

II-compensation for anticipation granted in payment of the said gratuity within the same financial exercise.

Single Paragraph. In the impossibility of full compensation of the anticipation granted in the form of the inciso II, the remaining balance should be compensated in the figures due in each month in the following financial year, until the discharge of the residue.

Art. 13 A GDASUS may not be paid cumulatively with any other gratuities of performance by activity or productivity, regardless of their denomination or basis of calculation.

§ 1o It is assured to the server that realizes activity performance gratification or of productivity as a result of the exercise of the respective effective office, whatever their denomination or basis of calculation, opt for the continuity of their receipt, hypothesis in which it will not do jus to GDASUS.

§ 2o Until it is processed its first performance evaluation, the server that passes making jus to GDASUS will perceive, among the following situations, the one that produces more beneficial financial effects:

I-in relation to the share of GDASUS calculated on the basis of individual assessment, one third of the the maximum percentage, I shall be assigned the same amount due to the remaining servers with regard to the institutional installment of the said gratification ; or

II-the value of the activity or productivity performance gratification to which it did jus in due to his effective post, received on the date prior to that in which he went on to make jus to GDASUS, respected the limit set forth in art. 32, inciso I, from Law no 11,344, from 2006.

Art. 14 The first evaluation cycle will start thirty days after the date of publication of the performance targets as referred to in § 1the of the art. 7the and may be of lower duration than established in art. 9o.

Single Paragraph. In the assumption of application of the caput, the financial effects of the first evaluation cycle will be extended until the month prior to the subsequent cycle of payment of the subsequent cycle, and any differences paid for the larger or the larger minor.

Art. 15 In case of removal deemed to be effective exercise, without prejudice to the remuneration and entitled to the perception of GDASUS, the server will continue to realize the value corresponding to the last percent obtained, until it is processed its first assessment after the return.

Single Paragraph. The willing in the caput does not apply to the cases of assignment.

Art. 16 Until it is processed the first individual performance evaluation that comes to have a financial effect, the appointed server for effective office and the one who has returned from unpaid leave or assignment or other death without entitlement to the perception of GDASUS in the course of the evaluation cycle, will receive the respective gratification in the value corresponding to one-third of the maximum percentage of the individual instalment, applying for institutional evaluation in the period.

Art. 17 The server that, in the first period of the assessments for the purposes of GDASUS perception, has not complied with the interstiction provided for in § 3the of the art. 9the, by virtue of leave or removal without prejudice to remuneration and entitled to the perception of the gratification, will make jus, in the period of financial effect generation of that first assessment, to the respective gratification in the corresponding value at eighty points, observed their level.

Single Paragraph. The willing in the caput applies to the occupants of commissioned positions that do jus to GDASUS.

Art. 18 The effective post holder referred to in art. 2o, when in exercise in the DENASUS itself and invested in commissioning of the Group-Direction and Advisor Superior-DAS, level 5, will do jus to GDASUS based on the maximum value of its individual share plus the value arising from the outcome of the institutional evaluation, observed the level of the effective post.

Art. 19 The Director of DENASUS will forward to the Secretary-Executives of the Ministries of Health and Planning, Budget and Management, until the first working day of the month subsequent to the processing, simplified report discourting over:

I-distribution of the individual assessments, indicating its average and its standard deviation, discriminated against per job and unit of work ;

II-result of institutional targets per unit ;

III-enumeration of the projects and activities arising from the setting of targets ; and

IV-number of resources or processes, in administrative scope, against performance evaluations individual.

Art. 20 This Decree goes into effect on the date of its publication.

Brasilia, 1º September 2008 ; 187o of Independence and 120the of the Republic.

LUIZ INACIO LULA DA SILVA

Jose Gomes Tembasement

João Bernardo de Azevedo Bringel