Key Benefits:
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PROPOSED LAW NO. 51 /X
Exhibition of Motives
The integrated performance evaluation system of the Public Administration (SIADAP)
was created by Law No. 10/2004, of March 22, and regulated by the Decree
Regulatory No 19-A/2004 of May 14. This last diploma determined that the
evaluation process of the year 2004 itself commented with the setting of objectives, the
which one should take place until the end of the same month of May 2004. The fixing process
of the institutional objectives and the contractualization of the individual objectives of the
workers constituted a new procedure in the Administration for which the
services and bodies were not to be prepared. Its novelty and the
complexity that it is that methodology have demanded an adaptation effort
of the services and training of the ununceable personnel, in many cases, to come to fruition
in good time. It is thus forcible to recognize that at the entry into force of the SIADAP no
necessary guardees have been taken in respect of such a process of such a large
complexity.
So in the face of the difficulties encountered in the implementation of the new system, no
surprises that, in 2004, it was applied to about 30% of the situations in which the
its application is direct, and in the year 2005 a about 60% which translates an evident
positive effort on the part of the Public Administration. More difficult, however, have
manifested the processes of adaptation of SIADAP in the cases of services and bodies
with specific situations or in which their specificity, reflected in the existence of
careers of special regime or special bodies, have previously impuncated a
specific evaluation system. It is not however expectable that processes of this
complexity and applicable to large organizations, such as Public Administration,
have immediate levels of global application. They are before process of application
progressive who demand firm perseverance. Hence the transition periods if
stretch naturally in time, weigh in though some consequences less
positive as that of the permanence simultaneously of various evaluation systems.
So the 2004 legislative option of making immediately apply SIADAP to a
certain set of workers and to maintain for others the application of the schemes
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specific without any adaptation to that system, created the said situation of, in the
same time period and in the same Public Administrations, if they use systems
different, with different evaluation scales. Such a situation cannot be avoided, now
and in the near future, save if you were to opt for the return to the previous assessment system and
abandonment of SIADAP. Such a solution, however, cannot be seen as such would mean
a backlash in the introduction of management by objectives and in differentiation by merit and
would also mean a depreciation of the positive effort already carried out by numerous
services.
One cannot therefore fail to recognize realistically that that situation is going to be
extend in time, despite the efforts already in the meantime of adaptation of
specific regimes. There is no alternative as an alternative to the Government other than to propose that
extend the application of the provisions of Article 41 (5) of the Regulatory Decree no.
19-A/2004, of May 14. However, and for reasons of equal treatment,
it is determined that those situations apply already the principle of differentiation of the
performance and recognition of merit through the establishment of percentages
highs of allocation of the highest rankings in them. Keep it up
still in application the specific assessment schemes related to occupations,
also they, specific.
Is the Government aware that there are thousands of employees with classification by giving
relatively to the performance in the year 2004 and that there are many services in which part of the
employees were classified by SIADAP and others not assessed by their
performance.
Notwithstanding, the experience already made of the application of the SIADAP, allowing to know the
difficulties encountered in its application, will help the improvement of the system that if
acknowledges to be lacking revision, which will have to be necessarily articulated with the
review of the career system and remuneration of the Public Administration and with a
service evaluation system, whose entry into force if programme for January 1
of 2007.
It is therefore important to find a realistic and workable solution for 2004, 2005 and 2006 that
allow to safeguard the situations of the services and bodies that have already applied the
SIADAP, distinguishing them for that fact, and simultaneously reaffirm their application
for evaluation of the performance of current and the next, admitting however to
application of previous systems, but with quotas, and of the existing specific regimes.
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Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Evaluation of the performance of 2004
At the service provided in 2004 by the employees, agents and too many employees
subject to the integrated system of evaluating the performance of the Public Administration
(SIADAP), created by Law No. 10/2004 of March 22, which has not been
effectively assessed according to that system corresponds to the classification that comes to
be assigned in respect of the performance of the year 2005 pursuant to Articles 2 and
3. of this diploma.
Article 2.
Evaluation of the performance of 2005
1. Without prejudice to the provisions of the following numbers, the evaluation of the performance
referring to the year 2005 takes place pursuant to Law No. 10/2004 of March 22,
and of the Regulatory Decree no 19-A/2004, of May 14, or of the systems of
specific performance evaluation approved under Article 2 (3) or
of Article 21 of Law No 10/2004 of March 22.
2. The evaluation of the performance regarding the year 2005 in services and bodies ,
as well as in the special regime careers and special bodies , who have a
a specific performance evaluation system that has not yet been
adapted under Article 2 (3) or Article 21 of Law No 10/2004 of 22
of March, it takes place in accordance with the respective specific system.
3. The evaluation of the performance regarding the year 2005 in services and bodies
as well as in the special regime careers and special bodies that do not have a
specific performance evaluation system and that are not proceeding to
direct application of SIADAP takes place in accordance with the classification system
repealed by Law No. 10/2004 of March 22, the maximum percentage being fixed
of 25% for the highest ranking, to be applied in accordance with Article 9 (2)
of the Regulatory Decree no 19-A/2004 of May 14.
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Article 3.
Supply assessment of the performance
1. When the classification is necessary for the effects provided for in the following number
and while it has not been ascribe in the terms referred to in the above articles is
applicable the provisions of Articles 18 and 19 of the Regulatory Decree no 19-A/2004,
of May 14, with the necessary adaptations.
2. Rankings assigned in the seat of assessment supply reliefs only
for the purpose of presenting the contest and progression.
3. The assessment supply cases are not considered for application of the
maximum percentages of assignment of the grades of Very good and from Excellent.
4. The rights provided for in paragraphs 2 a to 5 of Article 15 of Law No 10/2004 of 22 of
March, cannot be conferred when the performance evaluation has been
suppressed under the terms of this Article.
Article 4.
Evaluation of the performance of 2006 and following
1. Without prejudice to the provisions of Article 6, the evaluation of the performance relating to the year
of 2006 and following takes place under the terms of Law No. 10/2004 of March 22 and of the
Regulatory Decree no 19-A/2004, of May 14, or of the evaluation systems
of specific performance adapted under the n. 3 of Article 2 and of the article
21., both of Law No. 10/2004 of March 22, as well as of the specific systems
previous ones as long as they do not come to be adapted.
2. For the purposes of sub-paragraph i) of paragraph 1 (e) of Article 25 (25) of Law No 2/2004,
of January 15, in the wording given by Article 2 of Law No 51/2005 of 30 of
August, the non-application of the provisions of the preceding paragraph shall be deemed not to
achievement of objectives to be achieved in the course of the exercise of leading functions.
Article 5.
Scales and qualitative mentions
1. In the situations provided for in the law in which it is necessary to take into account the assessment of
performance or the service classification and, in concrete, should be taken into account
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qualitative mentions or quantitative values resulting from the application of diverse
systems, the following rules apply:
a) For consideration of the qualitative mention, the ones that have been used are used
applied in the concrete case, regardless of the system used;
b) For consideration of quantitative values, the scale of the SIADAP is used,
should be converted proportionally to this any other scales
used, with approximation by defect, when necessary.
2. Other situations in which the provisions of the preceding paragraph are not liable to
direct application shall proceed to the application of the provisions of Article 3, with the
necessary adaptations.
Article 6.
Review of SIADAP
The revision of the SIADAP takes place in the course of 2006, taking into consideration the
experience arising from your application and the necessary articulation with the review of the
career system and remuneration and with the design of the evaluation system of
services, so as to be fully applicable to the evaluation of the performance regarding the
year 2007 and following.
Article 7.
Entry into force
This Law shall come into force on the day following that of its publication.
Seen and approved in Council of Ministers of December 29, 2005.
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs