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PROPOSED LAW NO. 104 /X

Exhibition of Motives

Law No. 43/2005 of August 29 mandated the non-counting of service time

for the purpose of progression in careers and the freezing of the amount of all the

remunerative supplements of all employees, agents and too many servers of the

State until December 31, 2006.

The proposal submitted by the Government and which gave rise to the said Act No 43/2005

has found its motivation in the strong trend of expenditure growth with personnel

of the public administrations that accounted for, in 2004, 14.4% of GDP against 10.8%

of the EU average-15.

The strong aggravation of expenditure on personnel who were coming to register despite, in the

recent years, if it has verified a moderate annual update of the wage indices of the

Public administration, finds explanation in the mechanisms of strong expression

automatic progression in careers, positions and categories, as well as in the existence of

numerous remunerative accruals related to specific particularities of the

provision of work.

The career system and the remunerative status associated with it are of

extreme complexity, resulting from the excessive number of existing careers (more than

700 of general scheme, more than 180 of special or special arrangements and more than

400 isolated categories), and of the wide range of remunerative supplements beholstered in the

current system (there are ministries in which more than 90% of the herds auga supplements),

having the Government made the commitment to proceed to the review of the system of

careers and remuneration of the Public Administration. The complexity in it demonstrated

and the need for a broad public discussion advise that they bring about it,

possible in the technical plan for already, do not be done immediately without such discussion and without

prejudice to their negotiation.

It shall, however, act immediately with the aim of continuing to sustain the

growth of public expenditure with personnel, which is only possible through maintenance

of the limitation of the mechanisms of progression in the careers, which the experiment has

shown to be basically automatic, and of the maintenance of the current levels of the

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remunerative supplements. Such a measure, however, cannot fail to be understood in the

your transitory while continuing to develop the process of reviewing the

career system and remuneration, in articulation with the review of the system of

performance evaluation of employees and the design of the evaluation systems of the

public services.

The high complexity of the subjects in review process and their dispersion by

tens of diplomas advise you to have your review completed by morose and

grounded technical work enabling the appropriate political weighting and the

consequent negotiation with the representative organizations of the employees of the

Public Administration.

Aware of the fundamental importance of the review of the system of linkages, careers and

remunerations in the process of reforming the Public Administration that is driving, the

Government understands to be more suitable to promote by the end of this year the discussion

of a Vagus Reform Act, Carreiras and Remunerations that allows for

drawing up of the development diplomas of the new general and special careers.

The measures taken through Law No. 43/2005 of August 29, despite in 2005 alone

have produced effects in the last four months of the year, allowed for a savings

which made it lower to 14.5% of GDP the public expenditure with personnel (which was anticipated to be

those measures had not been taken, if it came to cifrar at 14.6% of GDP) against

10.9% of the EU average-15, thus demonstrating the need and opportunity of the

decision of the Government.

In these circumstances and continuing to be absolutely necessary to maintain the effort of

containment of public expenditure with personnel, which reaffirms itself only possible through the

limitation of the mechanisms of progression in the careers and maintenance of the present

levels of the remunerative supplements, impose themselves on the extension for one year

of the duration of the measures passed by Law No 43/2005 of August 29.

In the case of the judges and magistrates of the Public Prosecutor's Office who recently joined

in the judgeship, the non-counting of the time of service would have as a consequence the

maintenance of the same remunerative position that they possessed in the training phase for

in addition to the time provided for in the law, so it was understood to safeguard the time of

service provided in the period of admission.

The negotiating procedures set out in Law No. 23/98 of 26 were observed

of May.

The self-governing bodies of the Autonomous Regions and the

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representative associations of municipalities and freguesias.

Thus:

Under the terms of the paragraph d) of paragraph 1 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for Law:

Article 1.

Amendment to Law No. 43/2005 of August 29

Articles 1, 2, 3 and 4 of Law No 43/2005 of August 29, are amended.

shall be replaced by the following:

" Article 1.

[...]

1-The time of service provided by the officials, agents and others

workers of the central, regional and local public administration and by the

too many servers of the State from the date of entry into force of the present

law is not counted, for the purpose of progression, in all careers, posts and

categories, including those integrated into special bodies.

2-[...].

Article 2.

[...]

They are kept in the amount beholed to the date of entry into force of this Law

all remunerative supplements that do not have the nature of

basis remuneration, regardless of the respective designation,

particularly expenses for representation, accommodation allowances, of

residence and fixing, by the risk, penosity, insalubrity and dangerousness,

gratuities and emolumentary stakes, concerning the employees,

agents and remaining personnel of the Public Administration and the remaining servers

of the State.

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Article 3.

Judges and magistrates of the Public Prosecutor's Office

1-[ Previous body of the article ].

2-Stay excepted from the previous number the time elapsed in the period of

ingress.

Article 4.

Entry and vigour and production of effects

This Law shall come into force on the day following that of its publication and produces

effects until December 31, 2007, save if diploma materialize from the

review of systems of linkages, careers and remuneration expressly

determine previous date. "

Article 2.

Production of effects

The provisions of Article 3 (2) of Law No 43/2005 of August 29, as amended

has been given by this Law, it produces effects from the date of entry into force of the Act

n. 43/2005, of August 29.

Seen and approved in Council of Ministers of November 2, 2006.

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs