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Decree No. 8076 Of August 14, 2013

Original Language Title: Decreto nº 8.076, de 14 de agosto de 2013

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DECREE NO. 8,076, OF August 14, 2013

Regulates the general criteria and procedures for evaluation of institutional performance, individual performance evaluation and payment of Performance Gratification of Activity in the Supplemental Welfare Oversight and Performance Gratification of Cargos from the Supplemental Care Plan and Cargos of the Supplementary Welfare, of which it treats Law No. 12,154, of December 23, 2009.

A CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, caput, inciso IV, of the Constitution, and with a view to the provisions of the art. 29 of Law No. 12,154, of December 23, 2009,

D And C R And T A:

Art. 1º Become instituted criteria and general procedures for evaluation of institutional performance, individual performance evaluation and payment of the following performance gratuities:

I-Performance Gratification of Activity in the Superintendence of Supplementary Welfare-GDAPREVIC, due to the occupant servers of the posts of which they treat the incisos I to III of the caput of the art. 18 of Law No. 12,154 of December 23, 2009; and

II-Performance Gratification of Cargos of the Carrying Plan and Cargos of Supplementary Welfare-GDCPREVIC, due to the occupant servers of the posts of which it treats the inciso IV of the caput do art. 18 of Law No. 12,154, 2009.

§ 1º The values regarding GDAPREVIC and GDCPREVIC will be assigned to the servers that they make jus in function of the scope of the institutional performance targets of the National Superintendency of Supplementary Provident-PREVIC and the scope of individual performance targets.

§ 2º Specific criteria and procedures for evaluation of institutional performance, individual performance evaluation and allocation of the performance gratuities regulated by this Decree will be established in act of the Minister of State for Social Welfare, observed the relevant legislation.

§ 3º The gratuities of which treat incisions I and II of the caput will only be due when the server is in exercise of activities inherent in the assignments of the respective post in the PREVIC's units, re-salvaged the provisions of the art. 15.

Art. 2º For the purposes of this Decree, the following terms are defined:

I-evaluation of performance-systematic and ongoing monitoring of the individual server and institutional performance of PREVIC, having as a reference the targets global and intermediate;

II-evaluation unit-the PREVIC as a unit, subset of PREVIC administrative units that perform activities of the same nature, or isolated unit of PREVIC, as defined in the act of that treats the art. 3º, from geographic, organizational hierarchy, or activity nature criteria;

III-working team-set of servers in exercise in the same evaluation unit;

IV-cycle of assessment-period of twelve months considered for individual performance evaluation and evaluation of institutional performance; and

V-working-document in which the data regarding each step of the evaluation cycle, observed the provisions of the art. 7º.

Art. 3º The act referred to in § 2º of the art. 1º will define:

I-criteria, standards, specific procedures, evaluation mechanisms and controls necessary for the implementation of gratification;

II-responsible for the verification of the criteria and general and specific procedures of the performance evaluations in each assessment unit;

III-start and end of the evaluation cycle, deadline for processing of the evaluations and date from which the results of the assessment will produce financial effects;

IV-factors to be awounded in the individual performance evaluation, observed § § 1º and 2º of the art. 4º;

V-weight relative of the fulfilment of targets, of each factor, among those referred to in § § 1º and 2º of the art. 4º, and of each concept, among those referred to in § § 3º, 4º and 5º of the art. 4º, in the composition of the result of the individual performance evaluation;

VI-evaluation procedures, its sequence and responsible for the execution;

VII-procedures concerning the forwarding of features on the part of the evaluated server;

VIII-units of the PREVIC organizational structure qualified as evaluation units; and

IX-systematic setting of the goals, of its quantification and annual review.

Art. 4º The individual performance evaluation aims to afer the performance of the server in the exercise of the tasks of the office, with a focus on the individual contribution to the scope of the organizational goals.

§ 1º In the evaluation of individual performance, in addition to the fulfilment of individual performance targets, should be assessed, at a minimum, the following factors:

I-productivity at work, based on previously established parameters of quality and productivity;

II-knowledge of methods and techniques necessary for the development of the activities of the effective post in the exercise unit;

III-teamwork;

IV- commitment to the work; and

V-fulfillment of the standards of procedures and conduct in the performance of the tasks of the office.

§ 2º The act referred to in § 2º of the art. 1º could also include one or more of the following factors:

I-technical quality of the work;

II-capacity for self-development;

III-capacity of initiative;

IV-interpersonal relationship; and

V-flexibility as to changes.

§ 3º The non-occupier servers of positions in commission or trust function will be evaluated in the individual dimension, from:

I-of the concepts assigned by the assessed one itself, in the ratio of fifteen percent;

II-of the concepts assigned by the immediate kingpin, in the ratio of sixty percent; and

III-of the average of the concepts assigned by the members of the working team, in the ratio of twenty-five percent.

§ 4º The occupant servers of positions in commission or trust function that do not se find in the situation provided for in the inciso II of the caput of the art. 13 or in the inciso II of the caput of the art. 14 will be assessed in the individual dimension, from:

I-of the concepts assigned by the assessed one itself, in the ratio of fifteen percent;

II-of the concepts assigned by the immediate kingpin, in the ratio of sixty percent; and

III-of the average of the concepts assigned by the members of the subordinate working team to the managerial evaluated, in the ratio of twenty-five percent.

§ 5º In the impossibility of application of the inciso III of § 3º or inciso III of § 4º, the server will be evaluated in the individual dimension, from:

I-of the concepts assigned by the assessed self, in the ratio of twenty-seven and a half percent; and

II-of the concepts assigned by the immediate kingpin, in the ratio of seventy-two and a half per cent.

§ 6º In the first evaluation cycle implemented from the date of publication of this Decree, the servers of which they treat § § 3º, 4º and 5º will be assessed only by the immediate kingpin.

§ 7º The allocation of concepts by the members of the working team to the peers and the immediate kingpin, to which the inciso III of § 3º and the inciso III of § 4º, shall be preceded by preparatory event that will define methodology, procedures, criteria of its correct application.

§ 8º For the purposes of the provisions of the inciso III of § 3º, the act referred to in § 2º of the art. 1º will be able to establish the specific evaluation procedures among the working team members.

§ 9º The fulfillment of individual performance targets will be assessed only by the immediate kingpin.

§ 10. PREVIC's human resources unit will consolidate the concepts assigned to the server and give science to the evaluation of the entire process.

Art. 5º The systematic evaluation of evaluation in art. 4º, § § 4º and 5º, for the assessment of the factors of which it treats art. 4º and the verification of the fulfilment of individual performance targets and the intermediary targets of constant institutional performance in the work plan, apply to the member server of the working team, holder or not of effective post, occupancy of trust function or post in committee of the Group-Direction and Advising Superiors-DAS, levels 3, 2 and 1 or equivalents.

Single paragraph. The set of servers that do not make jus à GDAPREVIC and GDCPREVIC and do not occupy office in committee or trust function, in exercise in the evaluation unit, will be assessed for compliance with individual performance targets and targets intermediates of constant institutional performance in the work plan, as per § 1º of the art. 7º.

Art. 6º The institutional performance evaluation aims to affer PREVIC's performance in the range of organizational goals and goals, and may consider priority projects and activities and specific characteristics compatible with its activities.

§ 1º The targets regarding the evaluation of institutional performance should be segmented into:

I-global, drafted, when couber, in line with the Multiannual Plan, the Guidelines Act Budgeting and the Annual Budgeting Law; and

II-intermediate goals, referring to the work teams.

§ 2º Global goals will be set annually by means of the PREVIC's Colegiated Board of Directors, and will be able to be reviewed, at any time, in the supervenience of factors that affect significant and directly their achievement, as long as PREVIC has not given cause to such factors.

§ 3º Global goals will be objectively measurable and directly related to the activities of PREVIC, considered, on the date of its fixation, the indices achieved in the previous exercises, when there are.

§ 4º Global targets set by PREVIC should be compatible with the government's guidelines, policies and government targets of the Ministry of Social Security.

§ 5º The intermediate targets of which it treats the inciso II of § 1º should be drawn up in line with the global targets, and can be segmented according to geographical criteria, organizational hierarchy or activity nature.

§ 6º Individual performance targets and intermediate institutional performance targets should be defined by objective criteria, will behave the work plan of each PREVIC assessment unit and, unless properly justified situations, will be previously agreed upon between server, managerial and working staff.

§ 7º If there is no agreement referred to in § 6º before the start of the evaluation period, the managerial responsible for the working team shall set the targets.

§ 8º Institutional performance targets and ascertained results period will be released by PREVIC, including on its electronic site, and will remain available at any time.

§ 9º The act referred to in § 2º of the art. 1º will define the minimum target range of targets, below which the GDAPREVIC and GDCPREVIC plots that correspond to the institutional performance evaluation will be equal to zero, being the percentage of gratification distributed proportionally in the range between that threshold and the maximum target range index.

Art. 7º The work plan referred to in § 6º of the art. 6º will contain, at a minimum:

I-actions most representative of the evaluation unit;

II-activities, projects or processes in which the actions are unfolded;

III-intermediate goals of institutional performance and individual performance targets proposed;

IV-individual and institutional performance commitments, firmed at the beginning of the evaluation cycle between immediate bosses, team and server, from the institutional goals of which deal with the incisos I and II of § 1º of the art. 6º;

V-criteria and procedures for monitoring individual and institutional performance of all steps over the course of the evaluation cycle, under guidance and supervision of the immediate head and follow-up committee of that treats the art. 20;

VI-the partial evaluation of the results obtained, to subsidize adjustments in the course of the evaluation cycle; and

VII-the final ascertainment of the fulfillment of the targets and too much commitments firmed up to enabling the closure of the results obtained in all components of the performance evaluation.

§ 1º The work plan should cover the set of the servers in exercise in the evaluation unit and each server will be linked to, at least, an action, activity, project or process.

§ 2º Exceptionally, in the first PREVIC evaluation cycle, implemented from the date of publication of this Decree, the work plan will be optional.

Art. 8º GDAPREVIC and GDCPREVIC will be paid the observed maximum limit of one hundred points and the minimum of thirty points per server, respected the following distribution:

I-up to eighty points due to the result of the evaluation of institutional performance; and

II-up to twenty points due to the outcome of the individual performance evaluation.

Art. 9º The values paid as GDAPREVIC and GDCPREVIC shall be calculated by multiplying the sum of the points earned in the individual and institutional performance evaluations by the value of the point set out in Annex II to Law No 12,154, 2009, set for each job title, level, class and standard.

Art. 10. Individual and institutional performance evaluations will be ascertained annually and will produce monthly financial effects for equal period.

§ 1º The cycle of the performance evaluation will have the duration of twelve months and will understand the following steps:

I-publication of the targets to which the inciso I of § 1º art is concerned. 6º;

II-establishment of individual and institutional performance commitments, firmed at the beginning of the evaluation cycle between immediate bosses, team and server, from the intermediate goals of which it treats inciso II of the § 1º of the art. 6º;

III-follow-up of the steps of the individual and institutional performance evaluation process, under guidance and supervision of the leaders of PREVIC and the accompanying commission of which it treats art. 20;

IV-partial evaluation of the results obtained, for necessary adjustments;

V-final assessment of the scores for the closing of the results obtained in all components of the evaluation of performance;

VI-publication of the final assessment result; and

VII-return to the evaluated, to discuss the results obtained in the performance evaluation, after the consolidation of the scores.

§ 2º The first cycle of individual and institutional performance evaluations implemented from the publication of this Decree will be able to have its duration reduced depending on the peculiarities of PREVIC, upon the Act of the Directorate Collegiate.

§ 3º The evaluations will be processed in the month subsequent to the end of the evaluative period, and their financial effects will begin in the month following that of processing the valuations.

§ 4º Until that the results of the first performance evaluation period, for the purposes of attribution of GDAPREVIC and GDCPREVIC, are processed, the value due of monthly payment per active server will be corresponding to eighty points, observed the respective posts, levels, classes and standards.

§ 5º The result of the first performance evaluation will produce financial effects from the beginning of the first evaluation cycle and any differences will be compensated paid for the largest or the smallest.

§ 6º The first assessment cycle will begin thirty days after the date of publication of the performance targets referred to in the inciso I of § 1º of the art. 6º.

§ 7º The provisions of § § 4º, 5º and 6º apply to the occupiers of commissioned positions who make jus à GDAPREVIC and to GDCPREVIC.

§ 8º Until the processing of the first performance evaluation individual that produces financial effect, the server appointed for effective office and the one who has returned unpaid leave or unentitled assignment to the perception of GDAPREVIC or GDCPREVIC, in the course of the evaluation cycle, will receive the gratification in the value corresponding to eighty points.

§ 9º The performance evaluation cycles will be successive and uninterrupted.

Art. 11. The individual assessment will produce financial effect only if the server has remained in exercise of activities inherent in the respective post by, at a minimum, two-thirds of a full period of evaluation.

§ 1º The average of the individual performance evaluations of the set of Careers Plan servers and Supplemental Welfare Cargos-PREVIC cannot be superior to the result of the institutional performance evaluation.

§ 2º The active server beneficiary of GDAPREVIC or GDCPREVIC which obtains equal or less than ten points in the individual performance evaluation will not make jus to the parcel regarding the evaluation of institutional performance of the evaluation period.

§ 3º The active server beneficiary of GDAPREVIC or GDCPREVIC that obtains in the individual performance evaluation score of less than fifty percent of the maximum value to it regarding will be immediately submitted to the empowerment or functional suitability analysis, as the case may be, under the responsibility of PREVIC.

§ 4º The functional suitability analysis aims to identify the causes of the results obtained in the evaluation of the performance and to serve from allowance for the adoption of measures aimed at improving the performance of the server.

Art. 12. Individual and institutional performance evaluations will be used as a management tool, identified aspects of performance that can be improved by means of opportunities for empowerment and professional outreach.

Art. 13. The effective office holder of the PCCPREVIC, invested in charge in commission or trust function and in effective exercise at PREVIC, will make jus at the performance gratification as follows:

I-when invested in function of trust or cargo in committee of the Group-Direction and Advising Superiors-DAS, levels 3, 2, 1 or equivalent, will realize the calculated performance gratification as disposed of in the art. 8º; and

II-when invested in office in Special Nature commission or DAS, levels 6, 5, 4 or equivalent, will perceive the gratification of calculated dempits based on the maximum value of the individual plot, summed up to the result of the institutional assessment of the period.

§ 1º The institutional assessment referred to in the inciso II of the caput will be that of PREVIC.

§ 2º Should the exoneration of the office occur in commission or dispensation of the function, with maintenance of the effective post, the server that makes jus à GDAPREVIC or GDCPREVIC will continue to realize the performance gratification in value corresponding to that of the last score assigned, until processing of the first evaluation after exoneration or dispensation.

Art. 14. The effective post holder of the PCCPREVIC who does not find himself in effective exercise at PREVIC will only make jus à GDAPREVIC or GDCPREVIC:

I-when yielded to the Presidency, the Vice Presidency of the Republic, the Ministry of Social Security, or requested for an organ of the Election Justice, situations in which you will perceive the performance gratuity calculated on the basis of the applicable rules as if it were in effective exercise at PREVIC;

II-when yielded to organs or entities of the federal government distinct from the nominees in the inciso I of the caput, the server invested in charge in committee of Special Nature or DAS, levels 6, 5, 4 or equivalent, situation in which it will perceive gratification of performance calculated on the basis of the institutional evaluation result of the period; and

III-when yielded to another body, in compliance with the provisions of specific legislation, in the form of the inciso I of the caput.

Single paragraph. The institutional evaluation of the server referred to in this article will be that of PREVIC.

Art. 15. In the event of departments and licences considered by Law No. 8,112 of December 11, 1990, as of effective exercise, without prejudice to the remuneration and entitled to the perception of performance gratification, the server will continue to perceive GDAPREVIC or the GDCPREVIC corresponding to the last score obtained, until the first assessment is processed after the return.

§ 1º The willing in the caput does not apply to the cases of cession.

§ 2º The willing in this article applies to the occupant of charge of Special Nature and too many positions in committee.

Art. 16. The effective office holder of the PCCPREVIC who does not remain in exercise in the same organizational unit throughout the evaluation period will be assessed by the immediate kingpin of the unit where there has been remaining for longer.

Single paragraph. Should the server have stayed the same number of days in different organizational units, the evaluation will be done by the immediate kingpin of the unit at which it was at the time of the end of the evaluation period.

Art. 17. The GDAPREVIC and GDCPREVIC will not be able to be paid cumulatively with any other gratuities or perks that have as a foundation the professional, individual, collective, institutional performance or production or overcoming of goals, regardless of their denomination or basis of calculation.

Art. 18. To the effective office holder of the PCCPREVIC is ensured participation in the performance evaluation process by prior knowledge of the criteria and tools used, and the monitoring of the process, and to the PREVIC the broad dissemination and the guidance regarding the policy of evaluation of the servers.

Art. 19. The assessed may submit application for reconsideration, justified, against the result of the individual assessment, within ten days, counted from the receipt of copy of all the data on the assessment.

§ 1º The request for reconsideration will be presented to PREVIC's human resources unit, which will refer you to the server's managerial for consideration.

§ 2º The request for reconsideration will be appreciated within the maximum of five days, and may the boss to defer the plete, wholly or partially, or to dismiss it.

§ 3º The decision on the request for reconsideration will be communicated, until the day following the closing of the deadline for assessment by the evaluator, to the unit of resources humans, who will give science of the decision to the server and the accompanying commission of which it treats art. 20.

§ 4º In the hypothesis of partial deferral or rejection of the ballot, it will be recourse to the monitoring commission of which it treats art. 20, within ten days, which will judge you in the last instance.

§ 5º The final result of the appeal is to be published in the PREVIC administrative bulletin, and the person concerned shall be subpoenaed by means of the supply of copy of the full of the decision.

Art. 20. It will be instituted, within the framework of PREVIC, by act of its maximum leader, Performance Evaluation Monitoring Commission-CAD, which will participate in all the steps of the performance evaluation cycle.

§ 1º A CAD will be integrated by members nominated by the maximum leader of PREVIC and by members indicated by the servers.

§ 2º Only will be able to integrate CAD effective servers, in exercise at PREVIC, that are not at an internship probative and that are not responding to the disciplinary administrative process.

§ 3º In the case of decentralized units, follow-up subcommissions of the performance evaluation, whose assignments may be instituted, may be instituted will be established by act of the Colegiated Directorate.

§ 4º Competing to the CAD and the subcommittees ultimately judging appeals against the results of the individual evaluations.

§ 5º A manner of operation and the composition of CAD and subcommittees shall be defined by act of the maximum leader of PREVIC.

Art. 21. During the first evaluation period, CAD assignments will become the post of the PREVIC human resources unit.

Art. 22. For the purpose of incorporation of GDAPREVIC and GDCPREVIC to the retirement or pension proceeds, the criteria set out in the art will be adopted. 37 of Law No. 12,154, of 2009.

Art. 23. This Decree takes effect on the date of its publication.

Brasilia, August 14, 2013; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Miriam Belchior

Garibaldi Alves Filho