Key Benefits:
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PROPOSED LAW NO. 81 /X
Exhibition of Motives
The Government, in its Programme and in the Programme of Stability and Growth for the
period from 2005 a to 2009 advocates, as an essential piece of the strategy of
growth for the Country, the modernization of the Public Administration. Among the various
measures provided there are highlighted by those that aim to contribute to the full
harnessing and valorisation of its resources, not least human resources, with
a view to the modernization and improvement of the quality of public services.
With the present Proposal for Law, which regulates the common mobility regime between
services of the officials and agents of the direct and indirect Administration of the State,
it is intended to raise the effectiveness in the management and mobility of personnel, by relaxing the
mobility instruments between services today existing and adopting new measures
that promote the training, professional requalification or resume of activity
professional of staff, public administration and other sectors, without prejudice to the
maintenance of the general scheme for allocation of incentives to geographical mobility
established by the Decree-Law No. 190/99 of June 5.
The present Proposition of Law qualifies as general mobility instruments between
services the transfer, the exchange, the requisition, the detachment and the special cedment,
introducing changes in their respective schemes to make them more operational.
It also enshrines the specific allocation figure, aiming at giving response to
situations of greater transitory, and may involve the setting of special conditions
of work provision, with no change in the status of the worker.
Within the scope of the transfer, requisition and secondment widen the situations in which
it is not necessary to obtain authorization from the source service or annuence of the
worker, in this case in situations of manifest reasonableness-job posting that
is situated in the residence hall-or which have already obtained concordance within the framework of
social consultation.
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Other mobility instruments, these specials, actuated in
context of extinction, merger and restructuring of services or rationalization of
actual, by proceeding to the repeal of the current legal regime, which the practice has shown
be unable to favour the mobility of staff and to promote their qualification and the
development of new skills.
It is thus expected that the staff of the services that are the subject of extinction, merger and
actual restructuring or rationalization of herds, the instruments of
reallocation of personnel-in the cases of merger or restructuring of services with
transfer of assignments or competencies for different services-, and placement
in the situation of special mobility in all cases where these, in context of
reorganisation of services, cannot be maintained or immediately reallocated to others
services.
A process of support for staff placed in a mobility situation has been designed
special, which develops by three phases: the transition phase (first 60 days), the phase
of requalification (10 months following) and the compensation phase (which has a fine start to
phase of requalification). The process of support cesses only with the restart of functions, the
retiming, voluntary decoupling of the Public Administration or the application of
an expulsive disciplinary penalty from the Public Administration.
The first two phases, albeit in another form, already exist in the legislation in force.
The third is now created, with diminished retribution is certain, but counterbalanced
with the possibility of exercise of any other professional activity.
Important measures applicable to the personnel put in place are still provided for
special mobility during the various stages of the supporting process, targeted, a
strengthen its professional capacities, creating better conditions for the restaro of
functions, others to support requalification or professional reorientation, and others still to
favour mobility and the restaring of professional activity, in the Public Administration
or out of it.
In this scope, the possibility of the staff placed in a situation of
special mobility restart functions, either transient or by indefinite time
in public associations and business public entities, ensuring the
Administration a part of the remuneration due to the worker, and in institutions
individuals of social solidarity, upon the conclusion of protocols for the purpose.
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On the other hand, the staff placed in special mobility situation are allowed
whose restart of functions in entity located in the area of the county of residence or the
your previous place of work if unviable is placed on any other
concelho, provided that certain conditions are met, specifically
of accessibility.
An extraordinary licence is created, which confers the right to a monthly grant,
allowing the staff placed in special mobility situation to whom the licence
has been granted the exercise of any paid professional activity outside the
Administration.
Even if it is considered the possibility of voluntary decoupling with
compensation, it is understood that this is not the opportune time to proceed to your
regulation. In the face of the experience of the past, it considers the Government to be
powered by the mechanisms now planned and evaluate their results before proceeding
to appropriate regulation.
Finally, the implementation of the scheme here provided for public entities is guaranteed.
business and prevents recruitment, for indefinite time, of staff by the
services of the direct and indirect Administrations of the State and Local without which previously
has been guaranteed non-existence, in the career or category concerned, as per the
cases, of personnel in the special mobility situation.
The self-governing bodies of the Autonomous Regions and the
representative associations of local authorities.
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:
Chapter I
Object, scope and tools of mobility
Article 1.
Subject
1. This Law establishes the common regime of mobility between services of the
officials and agents of the Administration, aiming for their rational harnessing.
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2. The provisions of the preceding paragraph shall be without prejudice to the duration of the instruments
specific mobility applicable to special bodies, to regime careers
special and personnel who exercise functions in the external peripheral services of the State.
Article 2.
Scope of application
1. This Law shall apply to all services of the direct and indirect administration of the
State, with the exception of business public entities.
2. To the external peripheral services of the State are only the provisions of the
present law relating to instruments of general mobility.
3. This Law shall apply to the services of the regional and local administration, with
the exception of their respective corporate public entities, directly and immediately
with respect to the restart of duties in service of personnel placed in situation
of special mobility, and upon adaptation by diplomas of their own in the remaining
subjects.
Article 3.
Instruments of mobility
1. Mobility operates by means of general mobility and mobility instruments
special.
2. Are instruments of general mobility:
a) The transfer;
b) The permute;
c) The requisition;
d) The detachment;
e) The specific allocation;
f) The special cedence.
3. Are special mobility instruments:
a) The reallocation;
b) The restart of personnel roles placed in a mobility situation
special.
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Chapter II
General mobility
Article 4.
Transfer
1. The transfer consists of the appointment of the employee, without prior approval in
contest, for vacant seat of the frame of another service:
a) Of the same category and career;
b) Of a different career provided that the emitational requirements are required to be
identical and there is identity or affinity of functional content among the
careers.
2. From the transfer cannot result the filling of vacancies put to tender à
date of the issuance of the order that defers it or determines.
3. The transfer is made at the application of the employee, provided that the
interest and the convenience of the Administration, or on the initiative of this and with the agreement
of that.
4. The employee's agreement is waived in the event that the transfer occurs to
service situated in the county of your home service or your residence.
5. The employee's agreement is also waived if the service of origin or the
employee's residence if located in the Lisbon or in the Port and the
transfer occur for service situated in confining concelho with any
of those.
6. The transfer may still occur for any other concelho, with dispensation from the
employee agreement, provided that if they cumulatively check the following
conditions, asores depending on the use of public transport:
a) Do not imply monthly expenses for offsets between the residence and the place
of work in excess of 10% of the monthly gross remuneration or, being
higher, do not exceed the monthly expenses for offsets between the
residence and the service of origin;
b) The time spent on those displacements does not exceed 25% of the working hours
or, exceeding it, do not exceed the time spent on the displacements between the
residence and the service of origin.
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7. The transfer does not depend on authorization from the source service when it occurs:
a) For the peripheral services of the State and for local authorities;
b) On the initiative of the employee, as long as it occurs founded interest of the
destination service, recognized by dispatching the respective member of the
Government.
8. The transfer of appointed employee in place to extinguish when wandering does
to vacant place, or to place to create and extinguish when to wander, in the frame of
target service personnel.
Article 5.
Permute
1. Permute is the reciprocal and concurrent appointment of employees belonging to
staff tables of distinguished services, and may occur for vacant seat of the table
of the other service:
a) Of the same category and career;
b) Of a different career provided that the emitational requirements are required to be
identical and there is identity or affinity of functional content among the
careers.
2. To the exchange shall apply, with the necessary adaptations, the provisions of the n. paragraphs 2 a to 8 of the
previous article.
Article 6.
Requisition and detachment
1. Understand by requisition and detachment the exercise of functions for transitional title
in service other than the one to which the employee or agent belongs, without occupation
of place of the frame, the charges being borne by the target service, in the case
of the requisition, and the service of origin, in the case of the detachment.
2. The requisition and detachment do so for the category and career that the
employee or agent already holds.
3. The requisition may still make itself for the immediately superior category of the same
career or for different career category, provided that the employee or agent
fill in, in both cases, the legal requirements for the respective pavement.
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4. The requisition and detachment are for periods up to one year, extended until
to the limit of three years.
5. The requisition and detachment have no limit of duration in cases where, of
agreement with the law, the functions can only be exercised in those regimes.
6. Origin service may condition your authorization to the commitment of, fining the
period of one year, whether to proceed to the transfer to the destination service or to the
return to the service of origin.
7. Detachment for another service always lacks the authorization of the service of
origin.
8. Past the deadline provided for in paragraph 4:
a) The employee or agent compulsorily returns to the home service, not
may be requested or seconded for the same service during the term
of one year; or
b) The employee is transferred to the service where he / she is found requested or
highlighted, for vacant seat of the respective framework, or for the place to be created and the
extinguish when roaming, applying, with the necessary adaptations, the
provisions of Article 4.
9. Without prejudice to the provisions of paragraph 7, the requisition and the posting shall apply, with
the necessary adaptations, the provisions of Article 4 (3 a) to 7.
Article 7.
Refusal of transfer or requisition
1. In cases where they are lacking permission from the home service, the transfer and the
requisition of employees and agents can only be refused when substantiated
on the grounds of printability for the service.
2. The refusal referred to in the preceding paragraph shall depend on the order of approval of the
member of the Government that it depends on the service, and it shall be communicated to the service
and to the employee or agent interested in the 30-day time limit counted from the date
entry of the order in the source service.
3. The lack of communication of the refusal within the time limit determines the deferris of the
request.
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Article 8.
Specific allocation
1. Understand by specific assignment of employee or agent the exercise of duties
own from your category and career in another service or public legal person, to
satisfaction of specific and transitional needs.
2. Specific allocation is determined by joint dispatch of the maximum leaders
of the services involved, by your initiative or the application of the employee or
agent.
3. The dispatch referred to in the preceding paragraph sets the working arrangements for the
employee or agent to be affected, specifically on time and without
loss of the weekly working duration regime.
4. Specific allocation is done for periods up to six months, extended to the limit
of a year.
5. Unless otherwise agreed, constitutes charge of the service of origin to remuneration
of the functions exerted on the other service.
6. Specific allocation shall apply, with the necessary adaptations, the provisions of
n. paragraphs 4 a to 6 of Article 4.
Article 9.
Special cedence
1. Mediating special ceding agreement, the employees and agents who have given the
your express written consent may perform functions in other persons
public collective bargaining agreements, with suspension of their
status as an employee or agent under the terms of this article.
2. Special cedence subject to the employee and agent to the person's orders and instructions
collective where it will perform duties, being remunerated by this in the terms of the agreement.
3. The exercise of the disciplinary power shall compete with the cessionary public legal person,
except when it is in question the application of expulsive disciplinary penalties.
4. The employee or agent ceded is entitled:
a) On the count, in the category of origin, of the time of service provided under regime
of contract of employment;
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b) To opt for the maintenance of the social protection regime of the civil service,
focusing on the discounts on the amount of remuneration that would compete you
in the post of origin;
c) To be opposing the contests of personnel in public employment arrangements for
which fulfils the requirements under the respective regulatory law.
5. In the case provided for in paragraph b) of the previous number, the public employer must
to be involved in the financing of the provident scheme managed by the General Box
of Retirements in the percentage that is generically established for the
contribution of the employing entities in the social protection system of the function
public in pension matters.
6. The special ceding contract extinguishes itself in the case of point (s) c) of paragraph 4 by the
pavement in the sequence of tenders, without prejudice to a new yielding agreement.
7. The behaviors of the ceded employee or agent have relevance in the scope of
legal relationship of public employment, and the disciplinary procedure that apure
the said disciplinary offences to respect the Disciplinary Statute of the
Officials and Agents of Public Administration.
Article 10.
Extension of the scope of special cedence
1. The scheme provided for in the preceding Article is still applicable to the provision of officials and
agents to private legal persons, when there are reasons of public interest
that justifies the yielding.
2. With the exception of the provisions of paragraphs 2 and 3 of the preceding Article, and with necessary
adaptations, the regime of the budding shall also apply to cases where an
employee or agent of a personnel board of a public legal person
goes on to perform duties in that same legal person under contract arrangements of
work.
Chapter III
Special mobility
Section I
Generative procedures of the special mobility instruments
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Article 11.
Enumeration
1. Staff who have the quality of employee or agent of the services who are
object of extinction, merger and restructuring or rationalization of herds may
be maintained in the respective service, subject to mobility instruments or placed
in the situation of special mobility in accordance with the following procedures:
a) Procedure in the event of extinction;
b) Procedure in the event of a merger;
c) Procedure in case of restructuring;
d) Procedure in case of rationalization of herds.
2. The provisions of the preceding paragraph shall also apply when the object of the
modalities of reorganisation of services is the one defined in Article 3 (5) of the
Decree-Law No. ...../2006, of ......
3. For the purposes of this Chapter, the integrative service shall be deemed to be the integral
assignments or competences transferred from another service or personnel who, by
special mobility, it is reaffection.
4. In the cases provided for in paragraphs 1 and 2, the regime of the placement in a mobility situation
special, constant in this section, does not preclude the voluntary option by that
situation, provided that it obtained the annuence of the maximum service leader.
5. Out of the cases provided for in paragraphs 1 and 2, may be delivered by the members
of the Government responsible for Finance and the Public Administration, published
in Journal of the Republic , defining, for time periods, the groups of personnel,
careers or categories and age scales of the staff who may request placement in
special mobility situation.
Article 12.
Procedure in case of extinction
1. The procedure regulated in this Article applies to the cases of extinction of
services.
2. In the course of the extinction process also stems from the period of mobility
staff volunteer, during which time applications may not be refused
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general mobility formulated by other services.
3. For support for voluntary mobility referred to in the preceding paragraph the list of the staff of the
extinct service is published, by determination of its maximum leader, on the Exchange
Public Employment (BEP), up to 5 working days after the beginning of the process.
4. Voluntary mobility with respect to the personnel referred to in Article 4 (5) of the
Decree-Law No. ...../2006, of ......, produces effects on the date on which it is completed
process of extinction.
5. Without prejudice to the provisions of the preceding paragraphs, the personnel carrying out duties in the
extinct service, in commission of service commission, service commission
extraordinary, requisition, detachment or of another mobility instrument
general, as a transitional title, returns to the service of origin or cesses functions, as
the case, on the date of the completion of the case.
6. The staff of the extinct service, who carry out duties in another service in one of the schemes
referred to in the preceding paragraph shall remain in the exercise of those functions, except if
also this service has been extinguished or in it has been subject to instrument of
mobility or placed in special mobility situation.
7. The staff of the extinguished service, who find themselves in any license situation without
maturity, remains in that situation, applying to the respective scheme and
being put in special mobility situation when it ceases to leave.
8. Completed the process of extinction, the member of the Government approves, by dispatch
published in the Journal of the Republic , the nominative list of the staff who, not having
obtained placement under the terms of paragraph 2 or by meeting in the situations provided for in the
n. ºs 5 a to 7, is placed in special mobility situation, which it produces effects to
date of that conclusion.
9. In the case of the staff referred to in paragraph 6, the exercise of functions as transitional by the
deadline of one year after the extinction of the source service determines its conversion
automatic, by option of the person concerned, in exercise for indefinite time, in
place vacant or created to extinguish when to wander, with the nature of the bond and in the
career, category, step and index that the employee or agent detains at the origin.
10. In the case of the service personnel of the service where the duties are carried out
transitory shall not allow the application of the provisions of the preceding paragraph, may the
interested to opt for their assignment, in full exercise of duties, to the registry-
general or government department of human resources of the Ministry in which the
extinct service integrated.
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11. In the event that any of the options provided for in the preceding paragraphs are not exercised, the
worker is placed, in the end of the said transitional performance of duties, in
special mobility situation.
Article 13.
Procedure in the event of a merger
1. The procedure regulated in this Article applies to cases of merger of
services.
2. The diploma that determines or concretizes the fixed merger the general and abstract criteria
of selection of personnel necessary for the pursuit of assignments or the exercise of the
transferable skills and which should be reallocated to the integrator service.
3. With the entry into force of the organic diploma of the integrator service begins the
staff reallocation procedure, owing the maximum manager of the service
integrator, heard the maximum leader of the extinct service, elaborate:
a) List of activities and procedures that must be ensured for the
pursue and the exercise of the tasks and competences to be transferred and to
achievement of objectives, in accordance with availabilities
existing budget;
b) List of jobs required to ensure the activities and
procedures referred to in the previous point, by organic subunit or
public establishment peripheral without legal personality, when if
justifies, identifying career and functional areas, habilitational and
geographical, where necessary, with the respective statement of reasons and in
compliance with existing budget availabilities;
c) Comparative map between the number of existing herds in the extinct service,
the number of herds previously allocated to the pursuit of assignments
or to the exercise of the competences transferred and the number of posts of
work referred to in the previous paragraph.
4. The lists and the map referred to in the preceding paragraph shall be submitted, for approval,
to the member of the Government that it depends on the integrator service, as well as the
members of the Government responsible for Finance and the Public Administration.
5. The lists referred to in the preceding paragraphs, after approval, are advertised in
self-service sites of the service that go extinct, after which the operations of
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selection of staff to be reallocated when the number of jobs is lower
to the number of herds previously allocated to the pursuit of assignments or to the
exercise of the transfered skills.
6. For selection of personnel to be reallocated apply the methods referred to in articles 16.
at 18.
7. Staff to be reallocated, selected, when necessary, by the operations and methods
referred to in the preceding paragraphs, is reaffective to the integrator service with effect to date
that is fixed in the order of the maximum leader of that service that proceed to the
reallocation.
8. Staff carrying out functions in the extinct service, in commission of service commission,
extraordinary service commission, requisition, detachment or from another
general mobility instrument, as a transitional title, when it is not reallocated in the
terms of the previous number, returns to the service of origin or cesses functions,
as the case, on the date fixed in that number.
9. The staff of the extinct service, who carry out duties in another service in one of the schemes
referred to in the preceding paragraph shall remain in the exercise of those functions, except if
also this service has been extinguished or in it has been subject to instrument of
mobility or placed in special mobility situation.
10. The staff of the extinguished service, who find themselves in any license situation without
maturity, remains in that situation, applying to the respective scheme and
being placed in special mobility situation when it ceased the license.
11. The remaining personnel who, cumulatively, exercise functions in the extinct service, not
is reallocated under paragraph 7 and shall not be included in the provisions of paragraphs 8, 9 and 10, it is
placed in special mobility situation, by nominative list approved by the
leader referred to in paragraph 7 of this article or by the maximum leader responsible for the
coordination of the process, as the cases, to be published in the Journal of the Republic , the
which produces effects on the date of reallocation of the remaining staff to the integrator service.
12. After the reallocation referred to in paragraph 7, the procedure referred to in Article 15 may be
applied to the remaining staff of the integrator service.
13. It is correspondingly applicable to the provisions of paragraphs 9 and 10 of the preceding Article.
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Article 14.
Procedure in case of restructuring
1. The procedure regulated in paragraphs 2 a to 6 applies to the cases of restructuring of
services without transfer of assignments or competences.
2. With the entry into force of the act carrying out the restructuring, the maximum leader
of the elabora service:
a) List of activities and procedures that must be ensured for the
pursuit and the exercise of assignments and competences and for the realization
of objectives in accordance with budgetary availabilities
existing;
b) List of jobs required to ensure the activities and
procedures referred to in the previous point, by organic subunit or
public establishment peripheral without legal personality, when if
justifies, identifying career and functional areas, habilitational and
geographical, where necessary, with the respective statement of reasons and in
compliance with existing budget availabilities;
c) Comparative map between the number of existing herds in the service and the
number of jobs referred to in the preceding paragraph.
3. The lists and the map referred to in the preceding paragraph shall be submitted, for approval,
to the member of the Government that it depends on the service, as well as the members of the
Government responsible for Finance and the Public Administration.
4. When the number of jobs is lower than the number of herds
existing in the service, there is place for placement of staff in mobility situation
special.
5. For the purposes of the preceding paragraph, it shall be included in the existing herds in the service o
personnel who will perform duties on any of the securities referred to in paragraph 8 of the article
previous, from them if excluding the staff mentioned in the n. paragraphs 9 and 10 of the same article.
6. For selection of personnel to be placed in special mobility apply the
methods referred to in articles 16 to 18.
7. The procedure regulated in the following numbers applies to cases of
restructuring of services with transfer of assignments or skills to
different services.
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8. The diploma that determines or concretizes the fixed restructuring the general criteria and
abstracts of selection of the personnel required for the pursuit of the assignments or the
exercise of the competences transferred and which shall be reallocated to the service
integrator.
9. With the entry into force of the organic diploma of the integrator service begins the
staff reallocation procedure owing the maximum manager of the service
integrator, heard the maximum manager of the restructured service, elaborate:
a) List of activities and procedures that must be ensured for the
pursue and the exercise of the tasks and competences to be transferred and to
achievement of objectives in accordance with availabilities
existing budget;
b) List of jobs required to ensure the activities and
procedures referred to in the previous point, by organic subunit or
public establishment peripheral without legal personality, when if
justifies, identifying career and functional areas, habilitational and
geographical, where necessary, with the respective statement of reasons and in
compliance with existing budget availabilities;
c) Comparative map between the number of existing staff in the service
restructured, the number of herds previously allocated to the pursuit
of the assignments or the exercise of the competences transferred and the number of
jobs referred to in the preceding paragraph.
10. The lists and the map referred to in the preceding paragraph shall be submitted, for approval,
to the member of the Government that it depends on the integrator service, as well as the
members of the Government responsible for Finance and the Public Administration.
11. The lists referred to in the preceding paragraphs, after approval, are advertised in
own sites of the restructured service, after which the operations of
selection of staff to be reallocated when the number of jobs is lower
to the number of herds previously allocated to the pursuit of assignments or to the
exercise of the transfered skills.
12. For selection of personnel to be reallocated apply the methods referred to in articles 16.
at 18. th
13. Staff to be reallocated, selected, when necessary, by the operations and methods
referred to in the preceding paragraphs, is reaffective to the integrator service with effect to date
which is fixed in the joint dispatch of the maximum service leaders
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integrator and restructured that proceed to reallocation.
14. After reallocation, the procedure referred to in the following article may be applied to the
remaining staff of the restructured service, as well as that of the integrator service.
Article 15.
Procedure in case of rationalization of herds
1. The procedure regulated in this Article shall apply to cases of rationalization of
actual.
2. With the entry into force of the decision mandates the rationalization of herds, the
maximum leader of the service elabora:
a) List of activities and procedures that must be ensured for the
pursuit and the exercise of assignments and competences and for the realization
of objectives, in accordance with budgetary availabilities
existing;
b) List of jobs required to ensure the activities and
procedures referred to in the previous point, by organic subunit or
public establishment peripheral without legal personality, when if
justifies, identifying career and functional areas, habilitational and
geographical, where necessary, with the respective statement of reasons and in
compliance with existing budget availabilities;
c) Comparative map between the number of existing herds in the service and the
number of jobs referred to in the preceding paragraph.
3. The lists and the map referred to in the preceding paragraph shall be submitted, for approval,
to the member of the Government that it depends on the service, as well as the members of the
Government responsible for Finance and the Public Administration.
4. When the number of jobs is lower than the number of herds
existing in the service, there is place for placement of staff in mobility situation
special.
5. For the purposes of the preceding paragraph, it shall be included in the existing herds in the service o
personnel who will perform duties on any of the securities referred to in paragraph 8 of the article
13., of them excluding the staff mentioned in paragraphs 9 and 10 of the same article.
6. In the case referred to in paragraph 4 a approval of the members of the Government referred to in paragraph 3
amounts to the act of recognition provided for in Article 3 (4) and 1 of Article 7.
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of the Decree-Law No. ....../2006, of ......
7. For selection of personnel to be placed in special mobility apply the
methods referred to in articles 16 to 18.
Article 16.
Methods of selection
1. For selection of staff to be reallocated or put into a mobility situation
special, one of the following methods applies:
a) Evaluation of performance;
b) Professional assessment.
2. The application of one of the methods referred to in the preceding paragraph shall be made in accordance with
the following criteria:
a) When the staff of the same career have been the subject of evaluation, in the
last year in which this has taken place, through the same system of
performance evaluation, the method referred to in point (s) applies. a) ;
b) When the staff of the same career have been the subject of evaluation, in the
last year in which this has taken place, through different systems of
performance evaluation, the method referred to in point (s) applies. b) .
3. The selection procedure shall be opened by dispatch of the leader responsible for the
reorganization process, which fixes the universe of personnel to be covered and its
scope by career and by functional, habilitational and geographical areas,
as well as the deadlines for their driving and completion, being advertised in places
own of the service where the staff exercises functions.
4. Fixed the final results of the application of the methods referred to in paragraph 1, are
drawn up nominative lists, by descending order of results.
5. In the event of a tie, the staff is ordained in function of the seniority,
successively, in career and public function, from the largest to the smallest antiquity.
6. The identification and ordering of the personnel are made depending on the scope fixed in the
terms of paragraph 3, distinguishing the situations of employee and agent.
7. The end result of each employee and agent and their positioning in the respective
list will be given to know by written document.
8. The reallocation of personnel follows the constant order of the lists, starting with the
relating to employees and, exhausted these, using those of the agents, by form
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to which the number of herds that are reallocated corresponds to the number of posts
of identified work.
9. The placement of personnel in special mobility situation follows the reverse order to the
constant of the lists, starting with those relating to the agents and, exhausted these,
using those of the officials, so that the number of herds that
keep in exercise of duties corresponds to the number of jobs
identified.
Article 17.
Application of the performance evaluation method
The application of the method of performance evaluation is done, regardless of the
category of personnel, in the following terms:
a) Using the last qualitative classification awarded and, in the event of
equality, to the quantitative classification;
b) In the event of a tie, using, successively, the assigned classification
in previous years, including, if necessary, the one obtained in different category
or career or through different system of performance evaluation,
operating, in this case, the necessary equivalences, pursuant to the
general legislation on evaluation of performance.
Article 18.
Application of the professional evaluation method
1. The application of the method of professional evaluation is done, regardless of the
category of personnel, with the aim of determining the level of suitability of their
characteristics and professional qualifications to the requirements inherent in the pursuit
of the tasks and the exercise of the powers of the service, as well as to the
corresponding jobs.
2. The level of suitability referred to in the preceding paragraph shall be determined by the assessment,
on a scale of 0 a to 10 values, of the following factors:
a) Level of professional knowledge relevant to jobs
in cause;
19
b) Level of professional experience relevant to the jobs in
cause.
3. The assessment of the factors referred to in the preceding paragraph shall be based on the hearing of the
employee or agent and the analysis of your résumé and the respective performance
professional carried out by the two immediate hierarchical superiors prior to the
initiation of the procedure.
4. The order referred to in Article 16 (3) may determine that the assessment of the
factors referred to in paragraph 2 whether to perform, jointly or not, through the provision of
proofs, and may still set scales of values and forms of calculation of the score
final different from those provided for in n. paragraphs 2 and 7.
5. In the case provided for in the first part of the preceding paragraph, the provisions of the
n. 3.
6. It may still integrate the assessment referred to in paragraph 2 the level of adaptation to the posts of
work in question, demonstrated through the realization of appropriate evidence to the
functional content of the career.
7. The level of suitability expresses itself in a final score that results from the average
simple arithmetic of the values assigned to the factors indicated in paragraphs 2 and 6.
8. The final score is subject to approval by the leader responsible for the process
of reorganization or by the incumbent of top management of 2. degree in whom
delight.
Article 19.
Form of placement in special mobility situation
1. Without prejudice to the provisions of Article 12 (8) and Article 13 (11) thereof,
placement in special mobility situation is made by nominative list that
indicate the bond, career, category, rank and index of the employees or agents,
approved by dispatch of the leader responsible for the reorganization process, the
publish in the Journal of the Republic .
2. Without prejudice to the legal provisions ressalvated in the preceding paragraph, the list
nominative produces effects on the day following that of its publication.
20
Article 20.
Relevance of the category
The reference to the constant career of this section is replaced by reference to
category when each of the categories of the career matches, legally, a
determined number of herds.
Section II
Reallocation
Article 21.
Regime
1. The reassignment consists of integration, by undetermined time or the title
transient, from employee or agent to another service.
2. The reallocation is made without change of bond and, being the case, of instrument of
mobility under which the employee or agent transiently exerts
functions, operating for the same career, category and step.
Section III
Framework of staff in special mobility situation
Article 22.
Process
The staff placed in special mobility status falls within a process that
comprises the following phases:
a) Phase of transition;
b) Phase of requalification;
c) Phase of compensation.
21
Article 23.
Transition phase
1. The transition phase stems during the term of sixty days, followed or
interpolated, after the placement of the employee or agent in a mobility situation
special.
2. The transition phase is intended to allow the employee or agent to restart
functions, under the terms of this Law, without the need to proceed to the frequency of
vocational training actions that enable you to this start-up.
3. During the transition phase the employee or agent keeps the base pay
monthly corresponding to the category, rank and index held in the home service.
4. The provisions of paragraph 2 shall not preclude that, on its initiative, by indication of the entity
manager of mobility or in the scope of selection procedure for resuption of
functions, the employee or frequent agent actions of vocational training.
5. The frequency of trainings on the initiative of the Public Administration
constitutes charge of this.
Article 24.
Phase of requalification
1. The stage of requalification stems during the ten-month period, followed or
interpolated, after finished the transition phase.
2. The stage of requalification is intended to strengthen the professional capacities of the
employee or agent, creating better employability and resting conditions
of functions and may involve, heard the person concerned, the identification of their
capacities, motivations and vocations, the professional orientation, the elaboration and
implementation of an requalification plan, including vocational training actions,
the evaluation of the obtained results and the support for the restart of functions.
3. Without prejudice to the provisions of paragraph 5, during the stage of requalification the employee or
agent will earn remuneration in the value of five sexts of the monthly base remuneration
corresponding to the category, rank and index held in the source service.
4. The frequency of vocational training actions shall correspond to needs
identified by services and, preferably, enter into procedures
22
concrete selection for restarting functions in service.
5. The frequency of vocational training actions, after selection and as a condition
for restarcement of duties, confers right, during its course, to the base remuneration
monthly corresponding to the category, rank and index held in the home service.
6. It is correspondingly applicable to the provisions of paragraph 5 of the preceding Article.
Article 25.
Phase of compensation
1. The compensation phase elapses for indefinite time, after the end of the phase of
requalification.
2. The compensation phase is intended to support the employee or agent whose resonating
functions has not occurred in previous phases, and may involve the frequency of
vocational training actions entered into concrete selection procedures
for restart of functions in service.
3. During the compensation phase the employee or agent will earn remuneration in the
value of four sexes of the monthly base remuneration corresponding to the category,
level and index held in the home service.
4. It is correspondingly applicable to the provisions of Article 23 (5) and in paragraph 5 of the
previous article.
Article 26.
Suspension and cessation of proceedings
1. The process provided for in this section cesses with respect to each employee or
agent placed in special mobility situation when:
a) Restart the exercise of roles in any public service by time
undetermined;
b) If retiring;
c) Voluntarily dislink from the Public Administration;
d) Suffer an expulsive disciplinary penalty from the Public Administration.
2. The process provided for in this section suspending each other with respect to each
employee or agent placed in special mobility situation when:
a) Restart the exercise of roles in any public service to title
23
transitional in any of the modalities provided for in Section VI;
b) Pass to any unpaid leave situation.
3. Where it is given by finda any of the situations provided for in the preceding paragraph, the
employee or agent is remanded in the phase of the special mobility process at
that found itself when it started it.
Section IV
Jurydic-functional complex of personnel in special mobility situation
Article 27.
Principles
1. Staff in special mobility situation maintains, without prejudice to subsequent
changes, the nature of the bond, career, category, rank and index held, in the
source service, at the date of the placement in that situation.
2. For the purposes of the provisions of the preceding paragraph shall not be considered the posts,
categories or functions exercised on a transitional basis, specifically in regimes of
service, requisition commission, specific allocation, and admission stage
in career, as well as in extraordinary service commission in services at
installation regime, and in replacement.
3. Staff in special mobility situation may, without loss of that quality,
exercise functions as a transitional title, specifically through the instruments
applicable for general mobility, in any of the modalities provided for in the section
VI.
Article 28.
Personnel rights in the transition and requalification phases
1. In the phases of transition and requalification, the staff in mobility situation
special that does not find itself in the exercise of duties shall enjoy the rights provided for in
following numbers.
2. The personnel referred to in the preceding paragraph shall be entitled:
a) To the monthly remuneration set out in the terms of the previous section and Article 31;
b) To Christmas and holiday allowances calculated on the basis of the remuneration to which
24
have a right;
c) To the family allowance to children and young people and supplementary benefits;
d) A vacation and leave under the general law;
e) To social protection and assistance in the disease;
f) To the perks granted by the Social Services in the Public Administration;
g) From presentation to tender for pavement in office, category or career
for it to gather the legally fixed requirements;
h) At the frequency of vocational training courses;
i) Support for future professional forwarding to the labour market
private.
3. The time to stay in special mobility situation is considered for
effects of retiming and seniority on public function, career and the
category.
4. For the purposes of quota discount for the General Box of Retirements and computation
of retirement or survivor's pension, the earned remuneration is considered
by the employee or agent under the terms of the ( a) of paragraph 2, except if you choose to
remuneration that would earn if you found yourself in the exercise of duties.
5. The staff referred to in paragraph 1 shall be entitled to apply at any time to their
passage to any of the following phases.
6. Staff in special mobility situation who find themselves to perform duties to
transitional title enjoys the rights conferred on the staff with identical functions of the
entity for which it provides service, as well as, being the case, of those provided for in the
points g) a i) of paragraph 2 and in paragraphs 3 and 5 and, still, of the faculty of being opposed to the
selection procedure referred to in Article 34.
Article 29.
Duties of staff in the transition and requalification phases
1. In the phases of transition and requalification, the staff in mobility situation
special that does not find itself in the exercise of duties is subject to duties
predicted in the following numbers.
2. The personnel referred to in the preceding paragraph shall maintain the duties inherent in the
public functionalism, with the exception of those that relate directly to the
exercise of functions.
25
3. To the said personnel shall be vetted the exercise of any professional activity
remunerated, except in the modalities and conditions laid down in section VI.
4. The violation of the provisions of the preceding paragraph shall constitute a serious disciplinary offence,
punishable with penalty of resignation, to be applied upon disciplinary procedure.
5. Staff in special mobility situation has a duty to be opposed to the
selection procedure referred to in Article 34 and of it not giving up
unjustifiably, provided that they cumulatively check the following
conditions:
a) Be open for category not less than the one you hold at the time of
application;
b) If it addresses service situated:
i) In the county of your previous place of work or residence;
ii) In any confining concelain with the concelhos of Lisbon and the
Port, in case of them residing or from there if you are located your previous place of
work; or
iii) In concelain for which the foreseen conditions are observed
in Article 4 (6).
6. The same personnel also have a duty to attend to the application of the methods
of selection for restarting functions for it to be convened, as well as the de
attend the vocational training actions for it to be indicated.
7. That personnel still have a duty to accept the restart of duties, to any title and
in any of the modalities provided for in Section VI, verified the conditions
referred to in paragraph 5.
8. The unwarranted giving of the selection procedure to which that staff is
mandatory opposing and the unsubstantiated refusal of restarting functions in service
determine, preceding simplified procedure:
a) The reduction in twenty-five percentage points of the percentage applied for
determination of the remuneration earned, at the date of the first desistance or
refusal;
b) The passage to the unpaid leave situation of long duration, at the date of
second dismissals or refusal.
9. The flawings to the application of selection methods for restarting functions on the terms
of Articles 35 and 36 that are not justified on the basis of the regime of falters of the
officials and agents, the unsubstantiated refuses of restarting functions in
26
different entities of services or frequency of trainings
professional, as well as unsubstantiated dismissal in the course of these,
determine, preceding simplified procedure:
a) The reduction in 10% of the remuneration earned, at the date of the first lack, refusal
or desistance;
b) The reduction in 20% of the remuneration earned, at the date of the second foul, refusal
or desistance;
c) The reduction in 30% of the remuneration earned, at the date of the third lack, refusal
or desistance;
d) The passage to the unpaid leave situation of long duration, at the date of
fourth foul, refusal or desistance.
10. The said staff has a duty to communicate to the service to which it is affected
any relevant change in your situation, specifically as regards the
obtaining new educational qualifications or professional qualifications or the
alteration of your permanent place of residence.
11. Staff in special mobility situation who find themselves to perform duties to
transitional title is subject to the duties of the staff with identical functions of the
entity for which it provides service, as well as those provided for in paragraphs 5 and below
when they are likely to make a cessation of the special mobility situation.
Article 30.
Rights and duties of staff in the clearing phase
1. In the compensation phase, the staff in special mobility situation enjoys, with the
necessary adaptations, of the rights provided for in Article 28.
2. Without prejudice to the provisions of the following paragraphs, the said personnel shall be subject to the
duties provided for in the previous article.
3. That personnel may engage in any paid professional activity even
out of the modalities and conditions laid down in section VI.
4. Staff are eximed from the duty to attend to the application of selection methods
for restarts of duties pursuant to Articles 35 and 36, as well as of the
correspective duty to accept such a restart.
27
Article 31.
Change and guarantee of remuneration
1. The monthly base remuneration considered for the purposes of calculating the remuneration
provided for in Articles 23 to 25 is subject to updating on the terms in which it is
pay for staff in service effectiveness.
2. The remuneration provided for in Articles 23 and 24 reduced by application of the provisions
in Article 29 (8) and 9 replaces, for the purpose of calculating remuneration in the
the following stages of the process, the monthly base remuneration corresponding to the category,
level and index held in the home service.
3. In any case, remuneration may not be lower than the national minimum wage.
Section V
Extraordinary license
Article 32.
Regime
1. Staff in special mobility situation who find themselves in the phases of
requalification or compensation may require extraordinary license in the terms
of the following numbers.
2. The duration of the licence is fixed on a case-by-case period, in accordance with the defendant, not
may be less than one year.
3. Irrespective of its duration, the employee or agent may make a cessation of
license situation past the first year, in that case being placed in the phase of
compensation.
4. In the course of the licence, the employee or agent shall be entitled to a monthly grant,
abonade twelve times a year, of value corresponding to the following percentages of the
remuneration that would earn during the process in special mobility situation if
had not required the license:
a) 70% for the first five years followed or interpolated, in the situation of
license;
b) 60% of the sixth to the 10th year followed or interpolated, in the situation of leave;
28
c) 50% from the eleventh straight year or interpolated, in the situation of
license.
5. If, at the time when applying for the permit, the remuneration is reduced by
Application of the provisions of Article 29 (8) and (9) is taken into account, only
during the period of one year, for the basis of calculation of the monthly grant.
6. In the situation of leave, the employee or agent may only exercise any
paid professional activity outside the modalities provided for in Articles 33 to
35. and is eximed from the duties referred to in Article 29 (5 a) to 7.
7. The exercise of any paid professional activity in the modalities
provided for in Articles 33 to 35 constitutes a serious disciplinary offence, punishable by
penalty of resignation, to be applied by disciplinary procedure.
8. The exercise of activity referred to in the preceding paragraph shall incur who the
has authorized in civil liability and, being the case, to discipline, constituting
serious disciplinary offence, punishable with penalty of resignation or cessation of the
commission of service, or equated, to be applied by disciplinary procedure.
9. To staff in an extraordinary leave situation shall apply, for the purposes of
retirement, the staff regime on leave-without-long leave of absence
duration, and may, however, make the option referred to in the exception provided for in paragraph 4
of Article 28.
10. The granting of the extraordinary licence is incumbent upon the members of the Government
responsible for Finance and the Public Administration.
Section VI
Resume of duties of staff in special mobility situation
Article 33.
Restart of functions in service
1. Staff in special mobility situation can restart functions in any
service, either transient or by indefinite time, provided that it meets the
legally fixed requirements for the purpose.
2. The exercise of functions under a transitional title by the time limit of one year determines, by
option of the person concerned, their automatic conversion in exercise by time
indeterminate, with the nature of the bond and career, category, rank and index
29
that the employee or agent detains at the origin, in place vacant or to create the extinguishing
when to roam.
Article 34.
Selection for restarting functions in service
1. The selection of personnel in special mobility situation for restarting duties
in service, either on a transitional or for an indefinite basis, is carried out through
proper procedure.
2. The procedure starts with the advertise in the order's dispatch BEP
maximum of the service that fixed:
a) The number of personnel staff to recruit, by career, or by category
when necessary, and by functional, enabling and geographical areas, when
exigible, and other application requirements;
b) The methods and criteria for selection;
c) The composition of the selection juries;
d) The deadlines of the procedure.
3. You can only apply for the selection procedure the officials or
agents in special mobility situation.
Article 35.
Resume of duties in other legal persons under public law
1. Staff in special mobility situation can restart functions in associations
public or business public entities.
2. In the situations provided for in the preceding paragraph, the employee or agent is entitled to the
remuneration corresponding to the category, rank and index held, in the service of
origin, at the date of the placement in the situation of special mobility, competing for the
service to which it is affective to ensure 70% of that remuneration and to the legal person of
public law the remaining amount.
3. in those situations, it is incumbent upon legal persons in public law to secure the
payment of the difference, in case there is, between the remuneration to which the employee or
agent is entitled and the remuneration earned by the respective staff with identical
functions, increased meal allowance and too much social benefits.
30
4. Retention at source for tax purposes on the income of persons
singular and retiming and survival, as well as assistance in the disease, is
made by the service to which it is allocated on the basis of the total remuneration earned by the
employee or agent.
5. The exercise of duties pursuant to paragraph 1 shall have duration not exceeding two years,
finishes which the employee or agent passes on to any license situation,
it voluntarily dislinks from the Public Administration or cesses functions, being,
in this case, applied for the provisions of Article 26 (3).
6. The restart of duties pursuant to paragraph 1 takes place on the initiative of the employee or
agent, of the legal person concerned, of the service to which that is affection or of the
managing entity of mobility.
Article 36.
Restarcement of functions in private institutions of social solidarity
Personnel in special mobility situation may restart functions, under the terms of the
previous article, in private institutions of social solidarity that celebrate
protocol for the purpose with the managing entity of mobility.
Article 37.
Decision to restart functions
It is incumbent upon the managing entity of mobility, heard the employee or agent, to take the
final decision to restart functions in any of the modalities provided for in the articles
35. and 36.
Section VII
Management of staff in special mobility situation
Article 38.
Allocation
1. Staff in special mobility situation is affection to the general secretariat or
government department of human resources of the Ministry in which if
31
integrated the service where, last, it exerted functions.
2. Compete to the general secretariat or department referred to in the preceding paragraph:
a) Proceed to the payment of the remuneration and grants;
b) Practise the remaining acts of administration concerning that personnel.
Article 39.
Managing entity of mobility
1. The gestures entity of mobility is defined in a diploma of its own.
2. To the managing entity of mobility compete, specifically:
a) Promote or follow up studies of assessment of resource needs
humans of the Public Administration;
b) Follow up and streamline the process of supporting staff in a situation of
special mobility, following and zeling by the application of criteria of
exemption and transparency and seeking that your resume of duties has
place in the earliest stages of that process, specifically:
i) Informing you as to the open selection procedures;
ii) By officiously promoting your application to the procedures of
selection referred to in Article 34 when they check the conditions
provided for in Article 29 (5), regardless of compliance
of the corresponding duty that on him recaia;
iii) Promoting their requalification pursuant to Art. 24 para.
c) Practise, when necessary under this Act, acts relating to the
restarting of duties and the cessation of functions exerted on a transitional basis;
d) Inform the general secretariats or government departments of resources
humans of the practice of the acts referred to in the previous paragraph regarding the
personnel who are affection to them.
Article 40.
Transmission of information
1. Data relating to staff in special mobility situation are entered,
by the general secretariats or government departments of human resources, in the
Public Administration Human Resources Database (BDAP), always
32
that it occurs loading or updating data, and on BEP, within 8 days
useful to tell from the publication of the nominative list that puts the staff on that
situation.
2. The general secretariats or government departments of human resources
inform the worker about the loading or updating referred to in the number
previous.
3. The service of the Ministry of Finance and the competent Public Administration in
matter of information and communication technologies ensures the supports
technological necessary to the management of that personnel, as well as communications between
services, the secretariats-general or government departments of resources
humans and the managing entity of mobility.
Chapter IV
Final and transitional provisions
Article 41.
Previous advertition of recruitments
1. No service from the direct and indirect administration of the State and the administration
place with the exception of business public entities, can recruit staff by
indefinite time that is not previously affected to you before you run the
procedure referred to in Article 34.
2. The provisions of the preceding paragraph shall not apply when the consultation with BEP decorates the
inexistence, in the career or category concerned, as per cases, of personnel in
special mobility situation.
3. The recruitment of personnel following the schedule in paragraph 1 makes reference to the date on
that the advertiicitation occurred in the BEP of the procedure concerning this.
4. The recruitment of non-preceded personnel of the schedule in paragraph 1 makes reference to the date
where the inexistence referred to in paragraph 2 was found to be found.
Article 42.
Voluntary decoupling
In the terms provided for in their own diploma, proposals may be considered
33
voluntary decoupling of personnel in special mobility situation upon fair
compensation.
Article 43.
Amendment to Law No 23/2004
Articles 16 and 17 of Law No. 23/2004 of June 22, go on to have the following
wording:
" Article 16.
[...]
1. The employment contracts concluded by public legal persons
pass on to the subjects who come to the respective
assignments, under the terms set out in the Labour Code for the
transmission of enterprise or establishment.
2. [...].
3. [...].
4. [...].
Article 17.
[...]
The extinction of the public legal person to which the worker belongs
determines the expiry of the contracts of employment. "
Article 44.
Application of procedures to contract staff for indefinite time
1. In the event of extinction, merger, restructuring or rationalization of herds of a
service where you exercise personal functions with the qualities of employee or agent and
of contract worker for indefinite time, who find themselves joint and
indistinctly affection to the pursuit of the same assignments or the exercise of the
same competences, no distinction can be drawn unlawfully
34
provided that it underlies the employment regime that binds it to the service.
2. In the cases of the preceding paragraph, the decision on the working relationship of the
workers hired for indefinite time is taken, under the terms of
applicable legislation, after the application of the procedures laid down in Article 11.
3. The procedures referred to in the preceding paragraph shall be jointly and indistinctly
on all the personnel provided for in paragraph 1.
Article 45.
Application to business public entities
The provisions of this Law shall apply, with the necessary adaptations, to the staff who
has the quality of employee or agent, yet suspended by force of agreement of
special cedence, and exercise or have exercised functions in the period immediately
previous to their placement in situation of special mobility, in public entities
business.
Article 46.
Reallocation of personnel currently placed in special mobility situations
1. They are allocated to the General Secretariat of the Ministry of Finance and Administration
Public the officials and agents currently assigned to the transitional tables
set up with the General Directorate of Public Administration under Law No 1/95,
of January 14, and of the Decrees-Laws No. 13/97 of January 17, paragraph 14/97, 17 of
January, paragraph 89-F/98, of April 13, para. 416/99, October 21, and para. 493/99, of
November 18.
2. They are allocated to the corresponding secretariats-general staff and agents
presently allocated to the transitional tables of supernumeraries created together from the
general secretariats under the Decree-Law No. 193/2002 of September 25.
3. Are affected to the Secretariat-General of the Ministry of Science, Technology and Teaching
Superior the officials and agents currently covered by the Decree-Law n.
359/88, of October 13, and by the Decree-Law No. 48/85 of February 27.
4. It is allocated to the General Secretariat of the Ministry of Education the officials and agents
currently covered by Decree-Law No. 407/89 of November 19.
5. To the employees and agents referred to in the preceding paragraphs applies, to all the
35
effects, the regime applicable to personnel in special mobility situation.
6. To the staff referred to in the previous figures who currently earn remuneration
equal to or greater than that which would arise from the application of the appropriate provisions of the Section
III of Chapter III these legal provisions shall apply, starting with the counting
of the deadlines in them provided for with the beginning of the present law.
7. The staff referred to in the previous figures who currently earn remuneration
lower than that it would arise from the application of the appropriate provisions of Section III of the
Chapter III these legal provisions shall apply from the moment in which
they would pass on higher pay if they kept the remuneration
currently auwound.
8. For the purposes of the provisions of the preceding paragraph, the counting of the time limits provided for in the
legal provisions therein shall begin with the commencement of this Law.
9. For the purposes of the provisions of the preceding paragraphs, transfers are made
budget that are justified.
Article 47.
Review
This Law is the subject of review following the publication of a new regime of
linkages, careers and remunerations of the Public Administration.
Article 48.
Abrogation standard
They are revoked:
a) The Act No. 1/95 of January 14 and the Decrees-Laws No. 13/97 of January 17,
no 14/97 of January 17, para. 89-F/98, para. 416/99, 21 of
October, and paragraph 493/99, of November 18, all with regard to the framework of
allocation and the arrangements applicable to the respective staff;
b) Articles 25, 26, 27 and 27-A of the Decree-Law No 427/89 of December 7,
with the resulting wording of the Decree-Law No 175/95 of July 21, of the
Decree-Law No. 218/98, of July 17, and of Law No. 60-A/2005, 30 of
December;
c) Articles 23 and 24 of Law No 23/2004 of June 22;
36
d) The still current provisions of the Decree-Law No. 193/2002 of September 25.
Article 49.
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 June 29, 2006.
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs