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Fixing The Terms Of Application Of The Existing Integrated System For Assessing The Performance Of Public Administration, Established By Law No. 10/2004, Of March 22 And Determines Its Review During 2006

Original Language Title: Fixa os termos de aplicação do actual Sistema Integrado de Avaliação do Desempenho da Administração Pública, criado pela Lei n.º 10/2004, de 22 de Março e determina a sua revisão no decurso de 2006

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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


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


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


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


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.



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.


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


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