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Decree No. 7645, Of 21 December 2011

Original Language Title: Decreto nº 7.645, de 21 de Dezembro de 2011

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DECREE NO 7,645, OF December 21, 2011

Regulamenta the arts. 7º and 10 of Law No. 10,225, of May 15, 2001, available on the development of the employees and on the Semestral Bonus of Performance of Hospital Activity of the Forces Hospital's public jobs Armed.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the arts. 7º and 10 of Law No. 10,225, of May 15, 2001,

D E C R E T A:

Art. 1º This decree regulates the development of the employee and the Semestral Bonus of Performance of Hospital Activity-BDAH of the public servants of the Armed Forces Hospital Staff Framework-HFA, of which they treat the arts. 7º and 10 of Law No. 10,225 of May 15, 2001.

Art. 2º The development of the employee of the Armed Forces Hospital Staff Framework in the public jobs of Specialist in Health-Medical Area-Odontological and Health Specialists-Area Complementary, senior level, and Technician-in-Health, of medium level, will occur upon promotion.

Art. 3º For the purposes of this Decree, consider:

I-Individual performance evaluation-the systematic and continuous monitoring of the employee's individual actuation in the public jobs of the HFA Personnel Board;

II-evaluation of institutional performance-benchmarking of the scope of organizational goals, and may consider priority projects and activities and special conditions of work, in addition to other specific characteristics;

III-promotion-the passage of the employed for the level of immediately higher salary, within the same employment; and

IV- interstrosis-minimum period of effective exercise required for the grant of promotion.

Art. 4º For the purposes of promoting HFA public servants are to be observed the following requirements:

I-fulfillment of the minimum twelve-month interstice of effective exercise at each level;

II-average result higher than seventy per cent of the maximum limit of the score in the performance evaluations, in the dozes previous months; and

III-in the case of class change promotions, participation in capacity-building events whose contents are compatible with job assignments, as disposed of in the Annex to this Decree.

Art. 5º The interstice required for the promotion will be computed from the first day of work in public employment and:

I-computed in days, discounted the departments that are not legally considered of effective exercise; and

II-suspended in cases in which the employee moves away without pay, reaped the hypotheses legally considered as of effective exercise for promotion purposes, being re-taken the comic from the return to activity.

Art. 6º The acts of granting the promotion shall be published in Internal Bulletin of the HFA and shall produce financial effects from the first day subsequent to the date on which the employee has completed the requirements for promotion provided for in the art. 4º.

Art. 7º It is up to the HFA to implement permanent program of capacity-building, training and development, aimed at ensuring the professionalization of public servants.

§ 1º The empowerment and qualification will observe the annual capacity-building plan, referred to in Decree No. 5,707, of February 23, 2006, with the aim of enhancing the formation of the employees in the public jobs of the HFA staffing framework.

§ 2º For promotion purposes in the cases that it treats the inciso III of the art's caput . 4º, may be considered capacity-building events held in national or foreign institutions, whose contents are compatible with the attributions of public jobs.

§ 3º The specialization, master's and doctoral courses, carried out in national or foreign institutions must be recognized by the Ministry of Education.

§ 4º For purposes of promotion, each event of empowerment should be computed a single time.

§ 5º The capacity-building events, held before the publication of this Decree, whose programmatic content guarde entire correlation with the assignments of the occupied employment and with the employee's acting area could be considered for promotion purposes, provided that obtained from May 16, 2001.

Art. 8º In the case of removal deemed to be of effective exercise, without prejudice to the remuneration, by time exceeding two-thirds of the evaluative cycle, the employee will not be assessed and will perceive the same score obtained previously in the evaluation of individual performance for promotion purposes, until it is processed its first evaluation after the return.

Paragraph single. In case the employee, even if newly appointed, in the situation provided for in the caput, has not previously been assessed and has not met the minimum of two-thirds of the evaluative cycle, will not be assessed and will not compete for promotion, until it is processed your assessment.

Art. 9º The employee who does not remain in effective exercise in the same organizational unit or organ throughout the evaluative period will be assessed by the immediate kingpin of where he / she has stayed for longer.

Art. 10. The assessed employee will be able to submit request for reconsideration, duly justified, against the outcome of the individual assessment, within ten days, counted from the date of receipt of the copy of all the data on their assessment.

§ 1º The request for reconsideration that treats the caput will be presented to the unit of resources humans, who will refer you to the immediate kingpin of the employee for consideration.

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

§ 3º The decision of the kingpin on the request for interposed reconsideration will be communicated, at most, until the day following the closing of the deadline for assessment by the evaluator, à human resources unit, which will give science of the decision to the employee and the accompanying commission of which it treats art. 14.

§ 4º In the hypothesis of partial deferral or dismissal of the ballot, it will be recourse to the follow-up committee on which it treats art. 14, within ten days, which will judge you in the last instance.

§ 5º The end result of the resource is to be published in the HFA's administrative bulletin, intimating the person concerned by providing copy of the entirety of the decision.

Art. 11. Individual performance evaluation will be done on the basis of criteria and factors that reflect the competencies of the employee awound in the individual performance of the tasks and activities to it assigned.

§ 1º In the individual performance evaluation should the following minimum factors be assessed:

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

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

III-work on team;

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 employee of the public jobs of the HFA Personnel Board will be evaluated by his / her boss immediate, as per the scoring assignment for each of the factors of which it treats § 1º multiplied by the following weights:

I-weight three to the factor of which treats the inciso I do § 1º;

II-weight two to the factors of which treat the incisos II, IV and V of § 1º; and

III-weight one to the factor of which treats the inciso III of § 1º.

§ 3º For payment purposes of the BDAH, in addition to the factors of which treats the caput, the individual performance evaluation should consider individual performance targets of that treats the § 5º of the art. 12.

§ 4º For purposes of promotion, individual performance evaluation should occur semester, and the assessments carried out for payment purposes of the BDAH may be considered.

Art. 12. The institutional performance evaluation aims to afer the scope of the organizational goals, and may consider priority projects and activities and special working conditions, in addition to other specific characteristics.

§ 1º The targets regarding the evaluation of institutional performance will be fixed semestically, in portaria of the maximum HFA leader, and may be reviewed, at any time, in the hypothesis of supervenience of factors that significantly and directly influence their achievement, provided that the HFA has not given cause to such factors.

§ 2º The targets referred to in § 1º must be objectively measurable, using as indicator parameters that aim to affix the quality of services related to the activities of HFA, taking into account, at the time of their fixation, the indices achieved in the previous exercises.

§ 3º The targets regarding the evaluation of institutional performance should be segmented into:

Global goals, elaborated in consonance with the Multiannual Plan-PPA, the Budget Guidelines Act-LDO and the Annual Budget Law-LOA, or with Ministry of Defense Guidelines; and

II-goals intermediate, referring to the working teams, elaborated in line with the global institutional goals.

§ 4º The intermediate targets of which it treats the inciso II of § 3º should be drawn up in line with the global targets and will be defined by objective criteria, the work crews segmented according to the nature of activity, or units of the organizational structure of the HFA, or in a forecasted manner in the act of which treats art. 13.

§ 5º For the purpose of payment of the BDAH, the intermediate targets should be distributed on individual performance targets among the team members and will behave the Work Plan of each unit of the HFA, with these targets being agreed in advance, unless properly justified situations, between the employee and his / her work-boss.

§ 6º Institutional performance targets and ascertained results each semi-annual period should be widely publicized by the HFA, including on its electronic site, remaining accessible at any time.

Art. 13. The specific individual and institutional performance evaluation procedures and the granting of the BDAH, regulated by this Decree, will be established in act of the Minister of State for Defence, observed the current legislation, and there may be delegation to the maximum leader of the HFA.

Single paragraph. The act to which the caput refers should contain:

I-the criteria, the standards, the procedures and the necessary controls to the implementation of the promotion and the BDAH;

II- identification of those responsible for compliance with the criteria and performance evaluation procedures for promotion and BDAH purposes in each assessment unit;

III-the factors to be awounded in the individual performance evaluation, in addition to those established in this Decree;

IV-the relative weight of each factor;

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

VI-os procedures relating to the routing of resources by the employee assessed;

VII- the units of the organizational structure qualified as evaluation units; and

VIII-a composition of the Commission that it treats art. 14.

Art. 14. It will be instituted, within the framework of the HFA, through act of its maximum leader, Performance Evaluation Monitoring Commission-CAD, which will participate in all the steps of the performance evaluation.

§ 1º The CAD will be formed by representatives nominated by the maximum HFA leader and by members nominated by the employees of which it treats this Decree.

§ 2º The CAD should ultimately judge the possible interposed resources as to the results of the individual assessments.

§ 3º The way of functioning of the CAD will be defined in act of the maximum leader of the HFA.

§ 4º Only will be able to compose the CAD employees in exercise at HFA who are not responding to disciplinary administrative process.

Art. 15. During the first evaluation period, CAD assignments will be borne by the HFA's human resources unit.

Art. 16. CAD for follow-up of the performance evaluation for promotion purposes, could be the same instituted for follow-up purposes of the performance evaluation for BDAH payment.

Art. 17. The BDAH, due to the occupants of the public jobs of which it treats art. 1º, in effective exercise at HFA, will be assigned in function of the effective performance of the employee as well as of HFA's institutional performance targets.

Art. 18. The BDAH will be paid in the percent of up to fifteen percent, incident over the sum of wages perceived by the employee, respected the following distribution:

I-fifty percent will be assigned in function of the results obtained in the individual performance evaluation; and

II-fifty percent will be assigned as a function of the results obtained in the performance evaluation institutional.

Art. 19. The individual and institutional evaluation period will be the calendar semester, with the corresponding perception of the BDAH in March and September.

§ 1º Individual and institutional performance evaluations will be used as an instrument of management, with the identification of aspects of performance that can be improved by means of opportunities for capacity-building and professional improvement.

§ 2º The cycle of assessment will understand the following steps:

I-p ublication of global goals, to which if refers to the inciso I of § 3º of the art. 12;

II-establishment of individual and institutional performance targets, of which they treat the § § 1º and 5º of the art. 12, firmed at the beginning of the evaluation cycle between the manager and each team;

III- monitoring of individual and institutional performance, under guidance and supervision of the manager and the Monitoring Commission of which it treats art. 14, of all the steps along the evaluation cycle;

IV-final ascertaining of the scores for the closing of the results obtained on all the components of the performance evaluation;

V-publication of the final result of the evaluation; and

VI-return to the evaluated, aiming to discuss the results obtained in the performance evaluation, after the consolidation of the scores, with possibility of resource interposition in the form envisaged in this Decree.

§ 3º The BDAH will be processed in the month of August, concerning the performance in the period 1º from January to June 30, and in the month of February, regarding the performance in the period 1º July to December 31.

§ 4º The BDAH will only produce financial effects if the employee has remained in exercise of the activities inherent in the respective employment by, at the minimum, two-thirds of a full period of evaluation.

§ 5º Until the first evaluation of performance that comes to a financial effect, the newly hired employee and the one who has unpaid or other unpaid estrangement from the perception of the BDAH in the course of the evaluation cycle will receive the bonus in the percentage of five per cent incidents on salary.

Art. 20. Employees who do not remain in effective exercise in the same organizational unit throughout the evaluation period will be evaluated by the immediate kingpin from where housees stayed for longer.

Paragraph single. Should the employee have stayed the same number of days in different organisational units, the assessment will be made by the immediate kingpin of the unit at which it was located at the time of the closing of the evaluation period.

Art. 21. To the occupants of the jobs of which it treats art. 1º is ensured participation in the performance evaluation process, by prior knowledge of the criteria and tools used, as well as the monitoring of the process, by the HFA the broad dissemination and the guidance regarding the employee assessment policy.

Single paragraph. It is permitted, to any interested, to consult with all documents of the administrative processes of individual performance evaluation, upon request, in writing, to the human resources unit of the HFA.

Art. 22. To employees who have complied with interstrosis until the effective start date of this Decree will be granted the promotions not effected by lack of regulation of the art. 7º of Law No. 10,225 of May 15, 2001, considering for so much the results of the first assessment effected pursuant to this Decree.

§ 1º The interstice count will begin from the first day of work of the employee, observed in any case the provisions of the art. 5º.

§ 2º The provisions of this article will have no retroactive financial effects.

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

Brasilia, December 21, 2011; 190º of Independence and 123º of the Republic.

DILMA ROUSSEFF

Celso Luiz Nunes Amorim

Miriam Belchior

ANNEX