Determines The Extension Of The Duration Of The Measures Approved By Law No. 43/2005, Of 29 August, Until 31 December 2007

Original Language Title: Determina a prorrogação da vigência das medidas aprovadas pela Lei n.º 43/2005, de 29 de Agosto, até 31 de Dezembro de 2007

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445774e4331594c6d527659773d3d&fich=ppl104-X.doc&Inline=false

1 PROPOSAL of law No. 104/X explanatory memorandum to the Act No. 43/2005, of 29 August, ruled not to count the period of service for the purposes of progression in the careers and freezing the amount of all compensatory supplements to all employees, agents and other servants of the State until 31 December 2006. The proposal presented by the Government and which gave rise to the said Act No. 43/2005 found his motivation in strong growth trend of personal expenditure of General Government which represented, in 2004, 14.4% of GDP against 10.8% of the EU-15 average. The strong increase manpower costs he'd come to register though, in recent years, having been a moderate annual wage indices of public administration, finds explanation in the mechanisms of automatic progression expression in strong careers, posts and categories, as well as the existence of numerous additions specific peculiarities related remuneration of work. The career system and the associated remuneration status are of extreme complexity, resulting from the excessive number of existing careers (over 700 of general regime, more than 180 of special bodies or special arrangements and more than 400 isolated categories), and the wide range of compensatory supplements the existing system (there are ministries of which more than 90% of the workforce receives supplements) with the Government committed to review the careers and remuneration system of public administration. The complexity in it and the need for a broad public discussion advise that their realization, can technically not be made immediately without such discussion and without prejudice to its negotiation. It is important, however, to act immediately in order to continue to sustain the growth of public expenditure on personnel, which is only possible by maintaining the restriction of progression in careers, which experience has shown are basically automatic, and the maintenance of current levels of compensatory supplements 2. Such a measure, however, can only be understood in its transience as it continues to develop the process for reviewing the careers and remuneration system, in conjunction with the revision of the performance appraisal system and the design of systems of evaluation of public services. The high complexity of the issues in the review process and their dispersal by tens of degrees advise that your review is supplemented by lengthy and reasoned technical works that allow the proper weighting and the consequent policy negotiation with the representative organizations of workers of the public administration. Aware of the fundamental importance of the review of the links system, careers and rewards in the process of public administration reform drive, the Government considers it more appropriate to promote before the end of the year to discuss a reform of Law Links, careers and Salaries that allow the development of new diplomas careers special and General. The measures taken by law No. 43/2005, of 29 August, although in 2005 they produced effects only in the last four months of the year, allowed a saving that slowed to 14.5% of GDP public expenditure on personnel (provided that, if those measures have not been taken, if you were to encrypt in 14.6% of GDP) against 10.9% of the EU-15 average , demonstrating the need and opportunity of the Government decision. In these circumstances, continuing to be absolutely necessary to maintain the containment effort of public spending on personnel, what reaffirms just be possible by limiting progression mechanisms in careers and the maintenance of current levels of compensatory supplements, we must proceed to the extension for one year of validity of the measures adopted by law No. 43/2005, of 29 August. In the case of judges and prosecutors who joined recently in the Magistracy, not counting the length of service would maintain the same position with remuneration in the formative phase beyond the time prescribed by law, and it is understood the duty safeguard the service time for the period. Been observed trading procedures set out in law No. 23/98 of 26 May. Should be consulted the Government organs of the autonomous regions and the 3 representative associations of municipalities and parishes.

So: in accordance with subparagraph (d)) of article 197, paragraph 1 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of Law: article 1 amendment to law No. 43/2005, of 29 of August are amended articles 1, 2, 3 and 4 of Act No. 43/2005, of 29 August, which are replaced by the following : ' article 1 [...]

1 – the time of service by employees, agents and other employees of the central Government, regional and local levels and by the other servants of the State from the date of entry into force of this Act is not counted, for the purposes of progression in all careers, posts and categories, including the integrated into special bodies. 2 – […].

Article 2 [...]

Are kept in the amount in force at the date of entry into force of this law all compensatory supplements that do not have the nature of basic remuneration, regardless of their designation, including entertainment expenses, housing allowances, local allowances and fixing, by risk, hazard and unhealthiness, painfulness, bonuses and emolumentares holdings, in relation to employees, agents and other staff of the public administration and the other servants of the State.

4 Article 3 Judges and prosecutors-1 [previous article body]. 2-Is excluded by the provisions of the preceding paragraph the time elapsed in the period of admission.

Article 4 Entry and force and effect to this law shall enter into force on the day following that of its publication and shall have effect until 31 December 2007, unless his game than simply finishing degree of review links systems, careers and remuneration expressly determine earlier date.»

Article 2 effect the provisions of paragraph 2 of article 3 of law No. 43/2005, of 29 August, as amended by this Act, shall take effect from the date of entry into force of Act No. 43/2005, of 29 August.

Seen and approved by the Council of Ministers of 2 November 2006.

The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency