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Decree No. 4634, Of 21 March 2003

Original Language Title: Decreto nº 4.634, de 21 de Março de 2003

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DECREE NO. 4,634, OF March 21, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the Ministry of Labour and Employment, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the arts. 47 and 50 of the Provisional Measure No. 103, 1º January 2003,

DECRETA:

Art. 1 ° Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Functions Gratified from the Ministry of Labour and Employment, in the form of the Annexes I and II to this Decree.

Art. 2 ° In due to the provisions of the art. 1º, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Higher Assessors-DAS and Gratified Functions-FG:

I-of the Management Office, of the Ministry of Management Planning, Budget and Management, arising from the extinction of organs of the Federal Public Administration, to the Ministry of Labour and Employment two DAS 101.4, seven DAS 102.1 and four hundred and eighty FG-2; and

II-do Ministry of Labour and Employment for the Registry of Management, of the Ministry of Planning, Budget and Management, ten DAS 101.3, thirteen DAS 101.2, fourteen DAS 101.1, four DAS 102.4, eight DAS 102.3, nineteen DAS 102.2, four hundred and eighty-one FG-1 and sixteen FG-3.

Art. 3 ° The apostilings arising from the approval of the Regimental Structure of which it treats art. 1º should occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput of this article, the Minister of State for Labour and Employment will be publishing, in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, the nominal relationship of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their respective level.

Art. 4 ° The regiments internal of the organs of the Ministry of Labor and Employment shall be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5 ° This Decree takes effect on the date of its publication.

Art. 6 ° Ficam repealed the Decrees n ° 3,129, of August 9, 1999; 3,191, of October 5, 1999; 3,396, of March 30, 2000; and the inciso XIII of the art. 1st Decree No 3,365, February 16, 2000.

Brasilia, March 21, 2003; 182 ° of Independence and 115 ° of the Republic.

LUIZ INACIO LULA DA SILVA

Jaques Wagner

Guido Mantega

ANNEX I

REGIMENTAL STRUCTURE

MINISTRY OF LABOUR AND EMPLOYMENT

CHAPTER I

OF THE NATURE AND COMPETENCE

Art. 1st The Ministry of Labor and Employment, the body of direct administration, has as an area of competence the following subjects:

I-policy and guidelines for the generation of employment and income and support for the worker;

II-policy and guidelines for the modernization of labor relations;

III-work surveillance, inclusive of port work, as well as application of the penalties provided for in legal or collective normal;

IV-wage policy;

V-training and professional development;

VI-safety and health at work; and

VII-immigration policy.

CHAPTER II

FROM THE ORGANIZATIONAL STRUCTURE

Art. 2nd The Ministry of Labour and Employment has the following organizational structure:

I-bodies of direct and immediate assistance to the Minister of State:

a) Cabinet; and

b) Executive Secretariat:

1. Internal Wisdom;

2. Coordination-General of the Service Time Guarantee Fund; and

3. Subsecretariat of Planning, Budget and Administration;

c) Legal Consultancy;

II-specific organs:

a) Registry of Public Employment Policies:

1. Department of Employment and Salary; and

2. Department of Qualification;

b) Work Inspection Office:

1. Department of Labor Surveillance; and

2. Department of Occupation Safety and Health;

c) Labour Relations Office;

III-decentralized units: Regional Offices of the Work;

IV-collegiate bodies:

a) National Labor Council;

(b) Board Curator of the Service Time Guarantee Fund;

c) Deliberative Council of the Amparo Fund to Worker; and

d) National Council on Immigration;

V-entity linked: Jorge Duprat Figueiredo Foundation of Occupational Safety and Medicine-FUNDACENTRO.

CHAPTER III

OF THE COMPETENCY OF THE ORGANS

Section I

Of The Assistance Organs Direct and Immediate to the Minister of State

Art. 3rd To the Cabinet of the Minister competes:

I-attend the Minister of State in his political and social representation, to occupy himself with public relations and preparer and dispatch of your personal expedient;

II-follow up the progress of the Ministry's interest projects, in tramway at the National Congress;

III-provide for the fulfillment of the consultations and the requirements formulated by the National Congress;

IV-provide for the official publication and disclosure of the matters relating to the acting area of the Ministry; and

V-exercise other assignments that are committed to it by the Minister of State.

Art. 4th To the Executive Office competes:

I-assist the Minister of State in the formulation of public policies, in the definition of guidelines and programs and in the implementation of actions of the area of competence of the Ministry;

II-assist the Minister of State in the supervision and coordination of the activities of the member Secretaries of the Ministry and of the entity to it linked;

III-supervise and coordinate, in the framework of the Ministry, the activities related to the federal planning and budget systems, accounting, financial administration, organization and administrative modernization, of the administration of information and informatics resources, of human resources and general services;

IV-overseeing the disciplinary and brokerage activities developed within the Ministry and of its decentralized units;

V-supervising the activities relating to the Curatorial Council of the Service Time Guarantee Fund-FGTS; and

VI-coordinate, within the Ministry, the elaboration of legislative propositions on labor matter or correlates.

Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Organization and Administrative Modernization-SOMAD, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and Federal Budget, of Federal Accounting and Federal Financial Administration, through the Undersecretariat of Planning, Budget and Administration.

Art. 5th À Corregnal compete:

I-plan, coordinate, guide, execute, control and evaluate the disciplinary and brokerage activities developed within the framework of the Ministry and its decentralized units;

II-promote actions intended for the valorisation and fulfilment of precepts regarding functional ethics and the disciplinary conduct of the servers;

III-check the disciplinary aspects of tax and administrative procedures; and

IV-to propose to the Secretary-General to establish syndication or disciplinary administrative procedure, especially when the omission was found in the performance of the obligation set out by the art. 143 of Law No. 8,112 of December 11, 1990.

Art. 6th To the General Coordinating Fund of the Service Time Guarantee Fund competes to plan, execute, coordinate and control the services of executive branch of the Fund Curator Council of Service Time Warranty-FGTS.

Art. 7th À Subsecretariat of Planning, Budget and Administration competes:

I-plan, coordinate and supervise, within the Ministry's scope, the execution of the activities related to the federal systems of human resources, general services, organization and administrative modernization, administration of information and informatics resources, planning and budget, accounting and administration resources financial;

II-promote the articulation with the central bodies of the federal systems referred to in the inciso I and inform and guide the organs of the Ministry as to the fulfilment of the established administrative standards;

III-promote the elaboration and consolidate plans and programs of the activities of their area of competence and submit them to the top decision;

IV-coordinate the elaboration and consolidation of the activities and programs of the activities finalistics of the Ministry, and submit them to the superior consideration;

V-plan, coordinate and control the execution of the budget and financial activities of management of the Amparo Fund to Worker-FAT;

VI -to follow up and promote the evaluation of projects and activities;

VII-develop, within the Ministry's scope, the activities of budget, financial and accounting execution;

VIII-realization of the accounts of the expenses and too many responsible for public goods and values and of all the one that gives cause to loss, stray or wrongdoing that results in damage to the erarium;

IX-supervise and coordinate the activities related to the institutional and technological development, within the framework of the Ministry and its decentralized units; and

X-supervising and coordinating the activities of orientation and care to the employee, within the Ministry, of its decentralized units and entity to it linked.

Art. 8º To Legal Counsel competes:

I-advise the Minister of State in matters of a legal nature;

II-exercise the coordination and supervision of the activities of the legal body of the entity linked;

III-fix the interpretation of the Constitution, laws, treaties, and the remaining normative acts to be uniformly followed in their area of acting and coordination, when there is no normative orientation of the Union Advocate;

IV-assist the Minister of State in the internal control of the administrative legality of the acts of his / her competence by:

a) the examination of anteprojects, projects and minutes of normative acts of the Ministry's initiative, or which the Minister should reference;

b) the drafting of minutes and projects, when requested by the Minister of State; and

c) the proposal for declaration of an act nullity administrative practiced within the Ministry;

V-examine, prior and conclusively, within the Ministry's scope:

a) minutes of bidding editions, as well as those of congenneric contracts and instruments, which should be signed or published by the authorities of the Ministry; and

b) the acts by which it is going to recognize the inexigibility, or decide the dispensation, of bidding;

VI-opines, when requested, on projects of law of labor interest, ongoing in the National Congress or referred to the sanction of the President of the Republic;

VII-coordinate the legal activities of the Ministry;

VIII-examine orders and judicial sentences and guide the Ministry's authorities as to their exact compliance;

IX-provide grants and issue opinions for the defence of the rights and interests of the Union and of Ministry officials, in the exercise of their respective posts;

X-coordinate the drafting of the reports that the Ministry presents to the International Labor Organization-ILO and submit them to the final assessment of the Minister of State; and

XI-comply and enforce the normative guidance emanating from the Advocate-General of the Union, pursuant to the law.

Single paragraph. The Legal Consultancy, the administratively subordinate body to the Minister of State, still exercises the role of the sectoral organ of the Advocate General of the Union.

Section II

From the Singular Specific Bodies

Art. 9º To the Registry of Public Employment Policies competes:

I-subsidize the definition of public policies of employment, income, salary, and qualification professional;

II-plan, control and evaluate programs related to employment and income generation, insurance-unemployment, support for the unemployed worker, wage allowance and training and professional development for the job market;

III-plan and coordinate the activities related to the National Employment System, with regard to the integrated actions of guidance, relocation and professional qualification;

IV -to monitor the compliance, in national scope, of the agreements and conventions ratified by the Brazilian Government to international bodies, in particular to the ILO, in the subjects of its area of competence; and

V-promoting studies of the labour legislation and correlates, within the framework of its competence, proposing its outreach.

Art. 10. To the Department of Employment and Salary compete:

I-supervise and coordinate the implementation of programs related to employment generation and income, unemployment insurance, support for the unemployed worker and wage allowance;

II-plan, coordinate, execute and control the services of Executive secretariats of the Deliberative Council of the Amparo Fund to Worker-CODEFAT;

III-orienting, coordinating and controlling the actions, projects and activities regarding worker identification and professional registration;

IV-overseeing the updating of the Brazilian Classification of Occupations-CBO, so as to promote its constant suitability for the labour market;

V-set priorities and needs and normalize the processing of data concerning the movement of employees and the unemployed by providing the systematic dissemination of the analyses and information produced, observing the legislation pertinent;

VI-overseeing, orienting, coordinating and normalizing the activities related to the data processing of the Annual Relation of Social Information-RAIS, promoting the dissemination of the resulting information and its use in the systematic of payment of benefits;

VII-probing statistical information and indicators of labour and employment market developments, promoting the elaboration of analyses, research and reports capable of to subsidize the formulation of public employment policies;

VIII-supervising and coordinating the implementation of the activities of the National Employment System with regard to the integrated actions of vocational guidance and recolocation;

IX-articulate with the private initiative and with non-governmental organizations, with a view to extending the actions of worker support and hand-brokering intermediation;

X-supervising and guiding the achievement of studies of the labor legislation and correlates, within the framework of its competence, proposing its outreach;

XI-supporting technically the collegial bodies of the Ministry, in its area of competence; and

XII- articulate themselves with the remaining organs involved in the activities of their area of competence.

Art. 11. The Department of Qualification competes:

I-planning, coordinating, supervising, controlling and evaluating the implementation of public qualification policies, including programs related to training, professional qualification basic and continued, certification, orientation and professional development, articulated with the elevation of schooling in the perspective of social effectiveness and the quality of its contents and methodology;

II-promote the articulation in the field of qualification, certification and vocational orientation, with the Working and Education Secretaries of the States and Municipalities, the State and Municipal Councils of Labour and Education, the Institutes and Schools Union, Professional Training Institutions and Technical Schools;

III-articulate with social movements, private initiative and with non-governmental organizations, with a view to extending the actions of qualification, certification and professional guidance;

IV-supervise and guide the achievement of studies of the labour legislation and correlates, within the framework of its competence, proposing its further improvement;

V- articulate themselves with the remaining organs involved in the activities of their area of competence; and

VI-support technically the collegiate organs of the Ministry, in their area of competence.

Art. 12. To the Bureau of Labor Inspection compete:

I-formulate and propose the guidelines of labor inspection, including from port work, prioritizing the establishment of combat policy for forced and child labor, well as to all forms of degrading work;

II-formulate and propose the guidelines and standards of performance of the worker's area of safety and health;

III-participate, in conjunction with the other Secretaries, of the elaboration of special work protection programs;

IV-participate, in conjunction with the remaining Secretaries, of the formulation of new regulatory procedures of capital-labor relations;

V-supervising, guide and support, in conjunction with the Bureau of Labor Relations, mediation activities in collective labor conflicts, when exerted by Labour Auditors-Fiscal;

VI-formulate and propose the guidelines of the monitoring of the FGTS pickups;

VII-propose actions, within the Ministry of Labour and Employment, aimed at the optimization of systems for mutual cooperation, exchange of information and establishment of integrated actions between federal audits;

VIII-formulating and proposing guidelines for the technical-professional improvement and management of work inspection personnel;

IX-promoting studies of the legislation labor and correlates, within the framework of their competence, proposing their outreach;

X-overseeing activities aimed at the development of programs and integrated actions of technical-scientific cooperation with organisms national and international, in the area of their competence;

XI-monitoring compliance, in national scope, of the agreements and conventions ratified by the Brazilian Government to international bodies, in particular to the ILO, in the matters from your area of competence;

XII-propose guidelines for the improvement of the relations of the work in your area of competence; and

XIII-download norms related to your area of competence.

Art. 13. The Department of Labour Surveillance competes:

I-subsidize the formulation and proposition of the guidelines of labor inspection, in particular of the policies of combating child labour and the whole form of degrading work, as well as from port work;

II-subsidize the formulation and proposition of the guidelines of the supervision of FGTS pickups;

III-plan, supervise, guide, coordinate and control the actions and work surveillance activities, including those regarding the supervision of FGTS pickups;

IV-supervising and controlling the generation, systematization and dissemination of information about the inspection of the work and the monitoring of the FGTS pickups;

V-subsidizing the proposition of guidelines and standards for the improvement of the relations of the work, in the area of its competence;

VI-follow up on the activities of the FGTS Curator Council;

VII-supervising the referral of the legislation and administrative acts of interest from the supervision of the work to the Regional Labour Delegates;

VIII-subsidizing the formulation and proposition of the guidelines for the technical-professional improvement and management of the work inspection personnel; and

IX-coordinate the activities aimed at the development of programs and integrated cooperation actions technical-scientific with national and international bodies, in the area of their competence.

Art. 14. To the Department of Safety and Health at Work competes:

I-subsidize the formulation and proposition of the guidelines and standards of acting of the area of safety and health at work;

II-plan, supervise, guide, coordinate, and control the execution of the activities related to the inspection of the environments and working conditions;

III-plan, coordinate and guide the execution of the Worker's Food Program-PAT and the National Labour Accident Prevention Campaign-CANPAT;

IV-plan, supervise, guide, coordinate and control the actions and activities of inspection work in the area of safety and health;

V- subsidize the formulation and proposition of the guidelines for the technical-professional improvement and management of the work inspection personnel, in the area of safety and health;

VI-coordinate the activities aimed at the development of integrated technical-scientific cooperation programs and actions with international bodies, in the area of their competence; and

VII-supervising, within the framework of their competence, the shipment of the legislation and administrative acts of interest in the supervision of the work to the Regional Labour Delegates.

Art. 15. The Labour Relations Office competes:

I-promoting the autonomy of relationships between employees and employers, under the principles of non-interference and state non-intervention in the union organization;

II-stimulate the broad practice of negotiation between employers and employees;

III-promote studies of labour legislation and correlates, proposing their further improvement;

IV-follow-up, in scope national, of the agreements and conventions ratified by the Brazilian Government to international bodies, in particular to the ILO, in the subjects of its area of competence;

V-to perform mediation in collective bargaining, when requested by employees or employers;

VI-organize and keep up to date the enrollment of the representative union entities of employees, employers, public servants, and liberal professionals;

VII- propose guidelines and standards, as well as supervise and follow up on activities aimed at the improvement of collective work relations;

VIII-grant and cancel the registration of temporary work companies;

IX-supervise and follow up activities related to the work permit to foreigners in the national territory and maintain computerized databases on the labour market and labour force, providing Social Security with the data required for cadastral purposes;

X-supervise and follow up activities related to the Ministry's authorization to the hiring of worker, by foreign company, to work abroad;

XI-support the National Council on Immigration;

XII-coordinate activities aimed at the development of programs and integrated actions of technical-scientific cooperation with national and international bodies, in their area of competence; and

XIII-support technically the collegial bodies of the Ministry in their area of competence.

Section III

Das Decentralized Units

Art. 16. To The Regional Labour Stations, subordinated directly to the Minister of State, it is incumbent to coordinate, guide and control, in the area of its jurisdiction, the execution of the activities related to the supervision of the work, the inspection of the conditions working environmental, the application of penalties provided for in legal or collective standards, the orientation to the employee, the supply of Labor and Social Welfare, the guidance and support of the unemployed worker, the mediation and the arbitration in collective bargaining, the reconciliation of labor conflicts, assistance in the termination of the employment contract, in accordance with the guidance and standards emanating from the Ministry of Labour and Employment.

Section IV

Of The Collegiated Bodies

Art. 17. To the National Labor Board it is to exercise the competences set out in the art. 1st of Decree No. 1,617, of September 4, 1995.

Art. 18. The FGTS Curator Council competes:

I-establish the guidelines and allocation programs of all FGTS resources, in accordance with the criteria set out in the current legislation, in line with the national policy of urban development and the sectoral policies of popular housing, sanitation and urban infrastructure established by the Federal Government;

II-follow up and evaluate the economic and financial management of resources, as well as the social gains and the performance of the approved programmes;

III-appreciate and approve the annual and multiannual programmes of the FGTS;

IV-pronounting on the FGTS accounts, prior to its forwarding to the organs of internal control for the legal purposes;

V-adopt the fit arrangements for the correction of acts and facts from the application manager and the operator agent who harm the performance and fulfillment of the purposes in what concerne the resources of the FGTS;

VI-address doubts as to the application of regulatory standards, relating to the FGTS, in the matters of its competence;

VII-approve its internal regiment;

VIII-set standards and remuneration values of the operator and financial agents;

IX-set criteria for parceling of arrears;

X-fixing criterion and value of remuneration for the exercise of the oversight;

XI-divulge, in the Official Journal of the Union, all decisions rendered by the Council, as well as the FGTS accounts and the respective opinions issued;

XII-set criteria and conditions for compensation between employer credits, arising from deposits relating to non-opting workers, with extinguished contracts, and debits resulting from backwardness, inclusive of those who are the subject of debt composition with the FGTS; e

XIII-exercise the remaining competences of which it treats Decree No. 99,684, of November 8, 1990.

Art. 19. To The Deliberative Board of the Amparo Fund to Worker-CODEFAT competes:

I-managing the Amparo Fund to the Worker;

II-approve and follow up the implementation of the Annual Work Plan of the Program of the Insurance-Unemployment and the Salary Allowance and the respective budgets;

III-deliberation on the accountability and budgetary and financial implementation reports of the FAT;

IV-elaboration of the budget proposal of the FAT, as well as its amendments;

V-propose the improvement of the legislation on the Insurance-Unemployment and the Salary Allowance and regulate the legal devices within the framework of its competence;

VI-decide on its own organization, elaborating its internal regiment;

VII-analyzing reports of the applicator agent as to the form, term and nature of the investments realized;

VIII-scrutinize the administration of the FAT, may request information on contracts concluded or on avenues of celebration and any other acts;

IX-define substituted indexers in the case of extinction or alteration of those referred to in the relevant legislation;

X-download instructions necessary for the return of installments of the benefit of the insurance-unemployment benefit, improperly received;

XI-propose amendment of the aliquots concerning the contributions to which you rent the art. 239 of the Federal Constitution, with a view to ensuring the economic-financial viability of the FAT;

XII-set deadlines for processing and sending to the worker of the requisition of the benefit of the insurance-unemployment benefit, depending on the existing technical possibilities, establishing itself as an objective the thirty-day time frame; and

XIII-deliberating on other matters of interest of the FAT.

Art. 20. The National Council on Immigration is to exercise the powers set out in Decree No. 840 of June 22, 1993.

CHAPTER IV

OF ATTRIBUTIONS OF THE LEADERS

Section I

Of The Executive Secretary

Art. 21. The Executive Secretary is incumbent on:

I-coordinate, consolidate and submit to the Minister of State the Ministry's overall plan of action;

II-supervise and coordinate the Ministry's integral Secretaries;

III-supervising and evaluating the implementation of the Ministry's projects and activities;

IV-supervising and coordinating the articulation of the Ministry's organs with the central bodies of the systems affections to the area of competence of the Secretariat-Executives; and

V-exercise other assignments that are committed to you by the Minister of State.

Section II

Of The Secretaries

Art. 22. To the Secretaries it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the organs of the respective Registry, and to exercise other assignments that are committed to them in internal regiment.

Section III

Of the remaining Leaders

Art. 23. To the Chief Minister's Office, the Legal Adviser, the Undersecretary, the Corregedor, the Directors, the Coordinators-General, Delegates, the Subdelegates, Heads of Agencies and the remaining leaders is to plan, direct, coordinate and guide the implementation of the activities of the respective units and to exercise other assignments that are committed to them, in their respective areas of competence.

CHAPTER V

DAS GENERAL PROVISIONS

Art. 24. The internal regiments will define the detailing of the integral organs of the Regimental Structure, the competencies of the respective units and the assignments of their leaders.