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Compensation Scheme For The Provision Of Night Work In Local Administration.

Original Language Title: Regime de compensações pela prestação de trabalho nocturno na administração local.

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Regime of compensations for the provision of night work in the administration


Exhibition of Motives

There has been a check on the existence of differentiated models by some

local authorities of remunerative supplements, some with more than two decades, that

were intended to compensate for certain groups or sectors of personnel who, for reasons

inherent in their respective functional content, namely their nature, means

used or environmental factors, or for reasons resulting from external factors,

they carry out their professional activity in situations likely to cause damage

exceptional in your health.

Such situations result from normative frameworks that, by virtue of their non-

timely regulation, has allowed various situations of legal insetting.

In the terms of the legislation in force, more concretely from the Decree-Law No. 53-A/98, of

March 11, the definition of the normative framework remains dependent on its

regulation, specifically in the context of the exercise of functions in the services and

organisms from the local administration. This regulation, however, only makes sense after

of completed the process of audits to the ministries, to which a review of the

current system of careers and remuneration in the Public Administration, in the terms

defined in the Resolution of the Council of Ministers No. 109/2005.

It shall, however, the Assembly of the Republic, in full compliance with the principle of

separation of powers, but attentive to the damage that is feeling some workers

affected, to alert the Government to the emerging legal uncertainty of the absence of


So, in the applicable constitutional and regimental terms, the Deputies

undersigned, of the PS Parliamentary Group, present the following Project of


The Assembly of the Republic, in the terms and for the purposes of Article 169º of the Constitution

of the Portuguese Republic and of Articles 199º, 2 of 203º, and 204º of the Rules of the

Assembly of the Republic, resolves to recommend to the Government that:

1-Proceed to the survey within 30 days of the remunerative situations

existing in the local administration regarding supplementary work pay

nighttime exerted in conditions of penosity and unsanitary.

2-Preste information to the Assembly of the Republic on the legal framework of

remunerative schemes of nocturous work of a specific nature prior to the

Decree-Law No. 53-A/98 of March 11.

3-Adopt in the immediate the normative mechanisms aimed at safeguarding the level

existing remunerative, up to the revision of the general scheme for careers and pay in the

Public Administration.

4-Proceed, in the frame of the revision of the general scheme of careers and pay in the

Public administration, the regulation of nighttime work situations in the

Local Administration, as well as other cases of work provided under conditions of

risk, penosity and insalubrity in the context of the revision of the general career regime of the

Public Administration.

The Deputies,