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Decree No. 6493, Of 30 June 2008

Original Language Title: Decreto nº 6.493, de 30 de Junho de 2008

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DECREE NO. 6,493, OF June 30, 2008.

Regulates the Activity Performance Gratification of the Social Insurance-GDASS, of which it treats the Law no 10,855, from to April.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and with a view to the provisions of the arts. 11, 15 and 16 of the Law no 10,855, from to April,

DECRETA:

Art. 1º The Activity Gratification of Social Insurance Activity-GDASS, referred to art. 11 of Law No. 10,855, from 1º April 2004, becomes regulated under the provisions of this Decree.

Art. 2º The GDASS is due to the members of the Social Insurance Carrier, depending on the institutional and individual performance.

Art. 3º The GDASS will be paid observed the maximum limit of one hundred points and the minimum of thirty points per server, by matching each point, at their respective levels and classes, to the value set out in Annex VI of Law No. 10,855, of 2004.

Art. 4º The score referring to GDASS will thus be distributed:

I-up to twenty points will be assigned in function of the results obtained in the individual performance evaluation; and

II-up to eighty points will be assigned as a function of the results obtained in the performance evaluation institutional.

Art. 5º Individual and institutional performance evaluations will be conducted semiannually, considering monthly monitoring records, and used as a management tool, with the identification of aspects of performance that can be improved by means of capacity-building opportunities and further professional improvement.

§ 1º The first assessment cycle will begin thirty days after the date of publication of the performance targets referred to in § 1º of the art. 10.

§ 2º The result of the first performance evaluation will generate financial effects to from the beginning of the first evaluation period, possible differences paid to the greater or the minor.

§ 3º Individual and institutional performance evaluations will be consolidated semestrally, and processed in the subsequent month to that of consolidation.

§ 4º The individual assessment will only produce financial effects if the server has remained in exercise of the activities by, at a minimum, two-thirds of a full evaluation cycle.

§ 5º The result consolidated of each assessment period, after the first cycle, will have monthly financial effect, during equal period, from the subsequent month to the processing of the valuations.

Art. 6º For the purposes of the provisions of this Decree, performance evaluation consists of the systematic follow-up and continuous of the individual and institutional actuation of the server, taking aim at the scope of the goals, considering the mission and objectives of the National Social Insurance Institution-INSS.

Art. 7º The individual performance evaluation aims to affirm server performance in the exercise of the job or role assignments, with a focus on individual contribution to the scope of the organizational goals.

Art. 8º The individual performance evaluation will be carried out on two levels:

I-managerial for servers that act on the work team management; and

II-functional for member servers of the working teams and that do not act in the management of teams.

Art. 9º The individual performance evaluation will be composed of performance factors that reflect the knowledge, skills and attitudes necessary to the proper performance of functional or managerial tasks and activities, which contribute to the scope of the INSS goals.

§ 1º In the evaluation of individual performance at functional level, the following minimum criteria will be observed:

I-flexibility to changes;

Interpersonal-relationship;

III-teamwork;

IV-commitment to the work; and

V-knowledge and self-development.

§ 2º In the individual performance evaluation at managerial level, the following minimum criteria will be observed:

I-leadership;

II-planning;

III-commitment to the work;

IV-management of the working conditions and development of people; and

V-interpersonal relationship.

§ 3º The individual performance evaluation of the server will be carried out by the immediate kingpin or by the one whom the President of the INSS designates.

Art. 10. The evaluation of institutional performance aims to affirm the scope of organizational goals, considering the mission and objectives of the institution.

§ 1º The targets regarding the evaluation of institutional performance will be fixed semester, in act of the Minister of State for Social Security, and may be reviewed, the any time, from the supervenience of factors that come to exert significant and direct influence on their achievement, provided that the INSS has not given cause to such factors.

§ 2º The targets referred to in § 1º should be objectively measurable, using as indicator parameters that aim to affer the quality of services related to the finalistic activity of the INSS.

§ 3º As institutional performance targets and the results ascertained each period will be widely publicized by the INSS, including on its electronic site, and should remain accessible at any time.

Art. 11. The specific criteria and procedures of the systematic institutional and individual performance evaluation and allocation of GDASS will be established in the act of the President of the INSS, observed the current legislation.

§ 1º In the definition of the procedures of which it treats the caput, it will be considered to be the obligatory to scientify the server as to the result of your individual assessment and the possibility of resource interposition.

§ 2º In the case of resource interposition by the server, the evaluator will be able to fully reconsider its decision, partially deinjure the plete or dismiss it.

§ 3º In the hypothesis of partial or undue deferral of the plete, in the form of § 2º, the resource will be directed to the authority that has delivered the decision, which, if it fails to reconsider it within five days, will refer it to the resource assessment committee, of which it treats art. 13, which will judge you in the last instance.

Art. 12. They become defined as evaluation units the existing Executive Generations in the organizational structure of the INSS.

§ 1º The evaluation of institutional performance of the servers loed in the Central Direction of the INSS will be corresponding to the average of the evaluation of Regional Generations.

§ 2º The evaluation of institutional performance of the servers loed in the Generations Regional, Regional Audits, Regional Corregedories and Regional Procuratorates will correspond to the average of the evaluation of Executive Managers linked to the Regional Managers.

Art. 13. It will be comprised commissions of resource assessment, within the framework of the INSS, instituted in act of its maximum leader, with the purpose of judging, ultimately, the possible interposed resources as to the results of the evaluations individual.

§ 1º The committees will be formed by representatives of the administration and by members indicated by the servers.

§ 2º The way of operation of the committees will be defined in act of the President of the INSS.

§ 3º Only will be able to compose the commissions servers active and stable, which are not in probationary stage or by responding to the disciplinary administrative process.

Art. 14. Committees will be composed of managers of the performance evaluation instituted in act of the President of the INSS, with the purpose of:

I-review and propose changes of the performance evaluation instrumentals in period not less than twelve months; and

II-carry out studies and proposals, aiming at perfecting the procedures pertinent to the systematic evaluation of performance.

§ 1º The Managers ' committees will be formed by representatives nominated by the administration and by members indicated by the servers.

§ 2º The managers ' committees will participate in all steps of the evaluative cycle and will subsidize the resource assessment commissions, provided for in the art. 13.

§ 3º The manner of operation of the managing committees shall be defined in an act of the President of the INSS.

§ 4º Only will be able to compose the active and stable managing committees, which are not in probationary stage or responding to the disciplinary administrative process.

Art. 15. The beneficiary servers of the performance gratuities that achieve individual performance evaluation of less than fifty percent of the maximum predicted score will be subjected to the process of empowerment or analysis of functional suitability, as the case, under the responsibility of the INSS.

Single paragraph. Functional suitability analysis aims to identify the causes of the results obtained in the evaluation of the performance and to serve as a subsidy for the adoption of measures that may propitiate the improvement of server performance.

Art. 16. The members of the Social Insurance Carrier who do not find themselves in the effective exercise of the activities inherent in the respective posts will only be jus a GDASS at the following hypotheses:

I-when yielded to the Presidency or the Vice Presidency of the Republic, at the equivalent of one hundred percent of the individual repayment, applying for institutional evaluation of the period;

II-when in exercise in the Ministry of Social Welfare and in the integral Boards of its basic structure or binding them, calculated on the basis of the same valid rules as if they were in exercise in the INSS; or

III-when yielded to organs or entities of the Federal Executive Power other than the nominees in the incisions I and II, invested in positions in Special Nature and Group Nature Commission and Higher-Direction and Advising Superiors-DAS, levels 6, 5 and 4, or equivalents, will perceive GDASS at the equivalent value to the institutional evaluation of the period.

Paragraph single. The institutional evaluation of the servers referred to in the incisos I to III will correspond to the result obtained by the Executive Management or the organizational unit of origin.

Art. 17. The servers referred to in art. 16, exonerated from the post in committee or who return to the INSS, will continue to perceive GDASS corresponding to the last score obtained, until it is processed its first evaluation after the return.

Art. 18. In the event of licences and departments deemed to be of effective exercise, without prejudice to the remuneration and entitled to the perception of performance gratification, the server will continue to perceive GDASS corresponding to the last score obtained, until is processed your first evaluation after the return.

Single paragraph. The willing in the caput does not apply to the cases of assignment, re-salvaged the hypotheses provided for in specific laws.

Art. 19. Until the first performance evaluation is processed that comes with financial effect, the server newly appointed for effective office and the one who has returned unpaid leave, from assignment or other unentitled to the right to the perception of performance gratification in the course of the evaluation cycle will receive GDASS at the value of eighty points, observed the respective levels and classes.

Art. 20. The server which, in the first evaluation period for the purposes of perception of GDASS, has not complied with the interstice provided for in § 4º of the art. 5º, by virtue of licences or detachments without prejudice to remuneration and entitled to the perception of gratification, will make jus, in the period of generating financial effect of that first assessment, to the said gratification in the corresponding value to eighty points, observed its class and its standard.

§ 1º The server that, in the period subsequent, again cease to comply with the interstice provided for in § 4º of the art. 5º, by virtue of licences or departments without prejudice to remuneration and entitled to the perception of gratification, you will receive the GDASS in the form of the caput.

§ 2º The willing in the caput applies to the occupiers of commissioned positions that make jus à GDASS.

Art. 21. As long as the acts referred to in Paragraph 1º of the art are not edited. 10 and in the art. 11 and until the results of the first performance evaluation are processed, for the purposes of attribution of GDASS, the value due of monthly payment per active server will be eighty points, observed the respective levels and classes.

Art. 22. This Decree comes into effect on the date of its publication.

Brasilia, June 30, 2008; 187º of Independence and 120º of the Republic.

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Carlos Eduardo Gabas