Adopting A New Legal Regime Of Temporary Work (Repealing Decree-Law No 358/89 Of 17 October, As Amended By Laws No. 39/96, Of August 31, No. 146/99 Of 1 September, And No. 99/2003 Of 27 August)

Original Language Title: Aprova um novo regime jurídico do trabalho temporário (revoga o Decreto-Lei n.º 358/89, de 17 de Outubro, alterado pelas Leis n.º 39/96, de 31 de Agosto, n.º 146/99, de 1 de Setembro, e n.º 99/2003, de 27 de Agosto)

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624449334e7931594c6d527659773d3d&fich=pjl277-X.doc&Inline=false

1 DRAFT law No. 277/X APPROVES a NEW LEGAL REGIME of temporary work (repealing DECREE-law No 358/89 of 17 OCTOBER, as amended by law No 39/96 of 31 August and by law No 146/99 of 1 September) explanatory statement temporary work aimed, since its emergence, answer the objective needs of enterprises in transitional recruitment and use of workers , occupying a prominent role in the labour market, either at national level or at Community level. Indeed, recourse to temporary work allows companies and other users a fast and expeditious access to the human resources they need, particularly from the point of view qualititativo, responding in particular to specific situations, exceptional or temporary workforce. One undeniable business management tool, in particular for companies who need to deal with extraordinary activities or Extras who bet on innovation and specialization of labor, temporary work is also an important role in the absorption of human resources, representing for many workers the only port of entry to the labour market. In this context, and since that properly regulated, in particular in terms of relations between the parties (temporary-work agency/TEMP/user) ensuring respect for workers ' rights, enforcing compliance with licensing requirements, as well as preventing unfair competition between companies, temporary work can contribute to an adjusted and controlled labour market flexibility. The legal regime of temporary work, as well as the occasional workers providing regime had legal consecration in Portugal, through Decree-Law No 358/89 of 17 October, 2. Since its adoption in 1989, the said law was the subject of two legislative changes, in particular through the Laws Nos. 39/96, of 31 August and 146/99 of 1 September, always with the aim to make it more appropriate and balanced in relation to interests in presence. For its part, the labour code, approved in 2003, was to integrate the legal regime of occasional workers, providing the withdrawal expressed in articles 26 to 30 of Decree-Law No 358/89 of 17 October. After almost seven years since the last revision of the legal framework for temporary work, and in order to adapt it to developments in the meantime occurred, to ensure greater accountability of temporary employment undertakings, to strengthen the rights and guarantees of workers and promote a strengthening of control and supervision of the activities of temporary work, the Members of the parliamentary group of the Socialist party present this draft law establishing a new regime of temporary work by repealing the Decree-Law No 358/89 of 17 October. By means of this draft law, which preserves part of the scheme contained in Decree-Law No 358/89 of 17 October, the aim is to ensure an improvement and updating of the legal framework for temporary work giving a new framework centered on greater accountability of parties involved in this contract mode and a strengthening of the protection of temporary workers. So, with regard to the legal framework for temporary work currently in force, for its importance in particular, underline the following innovations to compete for the abovementioned objectives:) As temporary employment firms: i) replacing the system of prior authorisation for the license, which may be required in any job centre of the IEFP; II) addition of new requirements for the purposes of issue of the licence, namely the existence of a proper organisational structure (with technical qualifications and experience in the area of human resources and adequate facilities and equipped for the activity) and the impossibility of the pursuit of the activity on the part of those who do or have been part of the natural or legal person who has debts to workers , the IRS or the social security, resulting from the exercise of the activity of temporary employment, regardless of whether is or not terminated; 3 iii) prediction of the execution of the security mechanism in case of lack of prompt payment of cash benefits payable to the worker, extending for a period exceeding 15 days. IV) establishment of the duty of the employer to declare the lack of prompt payment of benefits owed to the worker within 5 days, in case of refusal or inability, can be supplied by IGT's statement after the worker's request; v) Consecration of a regime of apportionment of collateral when this amount is insufficient to ensure the amounts indebted; vi) payment by the IEFP, on the bond, the costs of repatriation of workers placed abroad when the termination of their contract of employment or in the case of lack of prompt payment of the consideration and the temporary employment business does not ensure the repatriation; VII) Obligation of annual maintenance requirements proof of license issuance of temporary workers-providing activities for use of users; VIII) suspension of activity in situations other than proof of maintenance of annual emission requirements of the license, for a maximum period of 2 months, after which the license is revoked by the Minister of labour under proposal of the IEFP; IX) express prohibition of transfer of workers between temporary employment undertakings for later transfer to third parties.

b) use contract i) adequacy of cases that can be concluded a contract of use of temporary work with express stipulation that the same must only be concluded for the period strictly necessary to the satisfaction of the needs of the user; II) definition of exceptional growth of activity as an addition whose duration does not exceed 12 months; III) Determination of invalidity of contracts of use concluded outside the situations referred to, in this case the work is provided to you under contract without term, 4 May 30, worker in the days after the beginning of the activity the user or the third party for compensation pursuant to article 443.º of the labour code; IV) specific formalities forecast of the contract of use, such as the reasoned statement of its reason through express mention of the facts that integrate, establishing relationship between the grounds invoked and the term stipulated; v) in situations of lack of written agreement or omission as to justification, the contract shall be considered null and that the work is provided to you under contract without term and may the employee opt, in the 30 days after the beginning of the activity the user, for compensation pursuant to article 443.º of the labour code; vi) Admissibility of renewal of contracts of use while maintaining their justification, cause up to a maximum of 3 years, unless the reason is the exceptional growth of activity whose duration may not exceed 12 months, does not apply such limits when workers disposed of have concluded contracts for an indefinite period for temporary assignment with the temporary employment business; VII) prohibiting the succession of temporary workers for the same job when has been reached the maximum duration allowed, before the expiry of a period of time equivalent to one third of the duration of the contract, including renewals.

(c)) regarding the temporary employment contract and the contract of employment for an indefinite period for temporary-providing i) Admissibility of temporary employment contract the term in the same situations in which contract is permitted; II) Admissibility of conclusion of an employment contract for an indefinite period, with specific procedures for temporary cession between the temporary employment undertaking and the worker; 5 iii) prediction of invalidity of the employment contract fixed-term temporary or uncertain concluded outside of the situations foreseen for the conclusion of contract of use, since the job is given to the temporary employment business under contract without term and may the employee opt, in the 30 days after the beginning of the activity the user or the third , for compensation pursuant to article 443.º of the labour code; IV) the duration of the temporary employment contract fixed-term or uncertain may not exceed 3 years, allowing the celebration for less than 6 months, regardless of the situation; v) application to the employment contract fixed-term temporary and uncertain expiry rules laid down in articles 388.º and 389.º of the labour code. vi) Possibility of temp, with indefinite contract for temporary, providing power to provide temporary employment business activity during periods of inactivity of temporary surrender.


d) As working conditions i) Obligation of the user to inform the temporary employment business and temporary worker about the need for appropriate professional qualification and specific medical surveillance; II) consecration of a specific professional training regime in charge of the temporary employment business; III) the duty of the user to inform the worker assigned to the existence of jobs available for the exercise of functions identical to those for which it was hired for the purpose; IV) inclusion of temporary workers in the company of temporary work and the user undertaking for the purposes of application of the rules on the establishment of structures for the collective representation of workers, as are concerned matters affecting the temporary employment company or user.

6 e) regarding the administrative scheme i) application of the general regime of responsibility for offences provided for in articles 614.º to 640.º of the labour code, without prejudice to the legal skills ascribed to autonomous regions; II) addition of new offences and updating of their amounts.

f) about the transitional and final provisions i) Establishes the duty of companies already engaged in temporary employment activity to adapt to the new legal provisions no later than 90 days from the date of entry into force of the new regime; II) Eliminates the obligation to delivery of birth certificates when this matter is put into practice the Simplex 2006.

As can be seen, this draft law, contains a wide range of innovations in relation to the legal regime of temporary work in place, the adoption of which will contribute to the objectives of greater accountability of companies that employ and utilize temporary workers, and for a strengthening of the fundamental rights of these workers.

Thus, in accordance with legal and constitutional regulations applicable, the Members of the Socialist Party petitions feature the following: DRAFT LAW Legal Regime of temporary work CHAPTER I General provisions article 1 scope 7 the present law regulates the licensing and the activity of temporary employment undertakings, as well as of contractual relations among temporary workers, temporary employment agencies and user companies.

Article 2 concepts for the purposes of this law: the temporary employment business): natural or legal person whose business is on temporary users, providing the activity of workers who, for this purpose, admit and return; b) temporary worker: person who celebrates with a temporary-work agency a temporary employment contract or an employment contract for an indefinite period for granting temporary; c) user: any natural or legal person, whether profit-making or not, that is, under its authority and direction, workers assigned by a temporary employment undertaking; (d) temporary work contract): fixed-term employment contract concluded between a temporary employment business and an employee, by which this is obliged, upon consideration of that, the pay temporarily its business to users, keeping the legal employment link to the temporary employment business; and) employment contract for an indefinite period for temporary transfer: indefinite employment contract concluded between a temporary employment business and an employee, by which this is obliged, upon consideration of that, the pay temporarily its business to users, keeping the legal employment link to the temporary employment business; f) temporary labor contract: service contract the term resolutivo concluded between a user and a temporary employment company, for which this is obliged, upon return, to yield one or more temporary workers.

CHAPTER II temporary work 8 section I Exercise the activity of temporary workers-providing for use of users article 3 Subject and title 1. The temporary employment business concerns temporary workers-providing activities for use of users and may even develop selection activities, guidance and vocational training, consultancy and management of human resources. 2. The temporary employment business must include in its name the words "temporary work".

Article 4 1 License. The activity of temporary workers-providing for use of users, is subject to a license, and shall for that purpose be meeting the following cumulative requirements: a) Suitability; b) appropriate organisational structure; c) Situation regularized before the tax authorities and social security; d) Constitution of security under paragraph 1 of article 6; and the Denomination) natural or legal person with the designation ' temporary employment '. 2. It is considered suitable: a) capacity for the practice of acts of Commerce; b) is not covered by the suspension or prohibition of the activities applied in accordance with articles 66 or 67 of the Penal Code; (c)) is not suspended or debarred from the exercise of the activity as a safety measure or accessory sanction administrative offense; 9 d) do not make or have made part of legal or natural person who has debts to workers, IRS or social security, resulting from the exercise of the activity of providing temporary workers to use to users, regardless of whether is or not terminated; 3. The suitability is required to all partners, managers, directors or managers of the temporary employment business, or individual entrepreneurs, in the case of natural persons. 4. considers that there is an adequate organisational structure when the company meets the following requirements: the) existence of a technician hired by the company with appropriate qualifications and experience in the area of human resources, providing their daily functions in the undertaking or establishment; b) existence of adequate facilities and properly equipped to engage in activity. 5. For the purposes of point (a)) of paragraph 4, shall be deemed to be qualifications and appropriate experience, cumulatively: a) successfully Completed secondary education or equivalent; b) 3 years of experience in activities carried out under the administrative and organizational support to the management of human resources, or 2 years of professional experience in roles of responsibility in the area of human resources management or 1 year of experience in the area of human resource management in the case of licensees in areas whose curricular plans incorporate disciplines relating to human resources management.

Article 5 Procedure


1. The person concerned shall submit the application for a license for the activity of temporary workers-providing for use of users, in any job centre of the Institute of employment and vocational training, with details of the activities the exercise and accompanied by the following documents: a) Declaration in which the applicant please indicate your name, tax number, tax ID number and permanent address or in the case of a legal person, the name, location, registration number, registration of Constitution and 10 amendments to the articles of Association, names of holders of social bodies and, in both cases, the location of the establishments who shall exercise the activity; b) certificate demonstrating to have paid before the tax administration, the pursuit of activity of providing temporary workers to use to users, regardless of whether is or not terminated; issued by the competent tax authority thereof; c) certificate demonstrating of paid before social security, the pursuit of the activity of providing temporary workers to use to users, regardless of whether is or not terminated; issued by the competent social security services; d) documents issued by the competent authorities regarding the qualifications of the applicant and, if a legal person, of partners, managers, directors or administrators; and supporting that) certificate is not covered by suspension or prohibition of activity as accessory sanction administrative offense, issued by the General Inspectorate of labour; f) Being a legal person, copy of the articles of Association; g) verifying the requirements of organizational structure suitable for the activity or declaration under rules of engagement that will satisfy requirements if the license is granted; h) statement that it will provide security under article 6 If the license is granted. 2. the application is assessed by the Institute of employment and vocational training, which should prepare the report and to formulate a proposal for a decision within 30 days. 3. The request is decided by the Minister responsible for labour, with faculty of delegation of competence, with the effect of the activity license of temporary workers-providing for use of users, dependent on the proof referred to in the following paragraph. 4. After the signing of order for issuance of license, the Institute of employment and vocational training shall notify the person concerned to, within 30 days, make proof of the security and existence of organizational structure and proper installation to the activity that has committed itself to satisfy. 5. The grant of license is notified to the person concerned after the presentation of the proof referred to in the preceding paragraph. 11 article 6 Security 1. The security is intended to ensure the responsibility of the temporary employment undertakings by the payment of compensation and other charges with the temporarily assigned employees, including social security contributions, and can be provided by deposit, bank guarantee or insurance contract. 2. The applicant shall constitute, in favour of the Institute of employment and vocational training, a deposit to the pursuit of the activity of temporary employment of corresponding value to 200 months of the minimum monthly wage, plus the amount of the social rate only on that value. 3. the security shall be annually updated by reference to the amount of the minimum monthly wage fixed for each year. 4. Without prejudice to paragraph 2, if the year before any payments from debt-claims the workers through the bail, the same will be enhanced to a value corresponding to at least 15% of the annual wage bill relating to workers in temporary handing over that year. 5. The update referred to in paragraph 3 shall be carried out until 31 January each year, or until 30 days after the publication of the order of review of the minimum monthly wage, if later. 6. The strengthening of the security referred to in paragraph 4 shall be carried out on the initiative of the temporary employment business, by 31 January each year. 7. When check payments on account of the security, the Institute of employment and vocational training shall notify the temporary work company to, within thirty days, evidence of their reconstitution. 8. The company responsible for the deposit, bank guarantee in "on first demand" or insurance contract shall communicate to the Institute of employment and vocational training, within 5 days, any fact which implies a reduction or cessation of the guarantee provided, under penalty of ineffectiveness. 9. Ceasing the activity, the employees shall, for the purposes of payment through the deposit, claim their credits within thirty days from the end of the activity, as well as communicate such fact to the Institute of employment and vocational training. 12 10. Proving the temporary employment business, upon proof the settlement of credits claimed referred to in the preceding paragraph and other charges with the workers, cease the effects of collateral and this will be returned by the Institute of employment and vocational training.

Article 7 implementation of security 1. In the case of the temporary employment business to prompt payment of cash benefits payable to the worker, extending for a period exceeding fifteen days, should the benefits in lives being met through the deposit. 2. If verified the existence of workers ' claims by decision of application of fine for non-payment of claims or judgment which has become final, the Institute of employment and vocational training should proceed to the payments due to the employee through the security referred to in paragraph 2 of article 6 3. The lack of prompt payment provided for in paragraph 1 shall be declared by the employer, at the request of the employee, within 5 days or, in the case of refusal or inability, supplied by declaration of the General Inspectorate of labour after the worker's request. 4. the Institute of employment and vocational training, compliance with the benefits in lives laid down in paragraph 1 and shall, to that end, be submitted to the Declaration of the employer or, in the absence thereof, of the General Labour Inspectorate. 5. In the case of the Declaration by the General Inspectorate of labour provided for in the preceding paragraph, the Institute of employment and vocational training must notify the company of temporary work which the employee requested the payment of compensation on the deposit and that the same shall be made if that doesn't prove the payment within 8 days. 6. also at the Institute of employment and vocational training, at the request of the holders of the other charges referred to in paragraph 1 of article 6, the achievement of benefits in lives more than thirty days and, to that end, be submitted to the respective Declaration. 13 7. In the event that the collateral is insufficient in the face of existing credits, payment is made according to the following precedence: the pay of workers) credits for the last 30 days of activity, with the corresponding limit to the amount of three minimum monthly payments guaranteed; (b)) other loans pay for order of request; c) compensation for the termination of the temporary employment contract; d) other charges with the workers.

Article 8 license and registration 1. The activity of temporary employment business is subject to the license issue, that Charter will be numbered. 2. The Institute of employment and vocational training organizes, maintains and makes available electronically updated for permanent public access, the national register of temporary employment undertakings licensed. 3. The register referred to in the preceding paragraph is public, any interested party may request a certificate of his inscriptions. 4. Will be published in the 1st series of the Bulletin of the labor and employment details of temporary employment undertakings licensed to the exercise of their activity, as well as those which are punished with the penalties of the prohibition of the exercise of the activity and temporary suspension of its exercise provided for in paragraphs. 1 to 3 of article 43.

Article 9 Duties


1. temporary employment firms shall communicate, within fifteen days, the Institute of employment and vocational training, through the competent employment Center, the changes relating to: a) domicile or seat and location of establishments governing the business; b) identification of administrators, managers or Board members; 14 c) Subject of its activity, as well as its suspension or termination on its own initiative. 2. The temporary employment undertakings must also: a) Include in all contracts, correspondence, publications, ads and generally in all its external activities the number and date of license license for the exercise of their activity; b) Communicate to the competent employment centre, up to 15 days of January and July, the complete list of national workers, whether foreigners, provided the previous year, indicating the name, gender, age, number of identity card or Passport, social security number, start and duration of the contract, workplace, activity contracted, and base consideration classification of economic activity (CAE) and its zip code c) Communicate to the Directorate-General of Consular Affairs and Portuguese communities, up to 15 days of January and July, the relationship of the employees assigned to serve abroad in the previous semester, indicating the name, gender, age, social security number, start and duration of the contract, workplace, activity contracted, base compensation, dates of exit and entry into the national territory, as well as identification, classification of economic activity (CAE) and location and country of performance of the contract. 3. the notification referred to in paragraph b) of the preceding paragraph must be performed through.

Article 10 work abroad 1. Without prejudice to the provision of security referred to in paragraph 1 of article 6, the temporary employment company that celebrate contracts for use of foreign workers must: a) Constitute, in favour of the Institute of employment and vocational training, a specific guarantee in the amount of 10% of the compensation corresponding to the foreseeable duration of the contracts and a minimum of two months of retribution or the value of compensation If the contract lasts less than two months, plus the cost of travel for repatriation; b) Ensure medical benefits, drug workers and hospital, where those do not enjoy the same benefits in the host country, 15 through secure which ensures the payment of costs of value at least equal to six months of retribution; c) Ensure the repatriation of the workers, ended the work covered by the contract, the termination of the employment contract or, in the case of lack of prompt payment of the consideration. 2. the security provided for in point (a)) of the preceding paragraph is not required if, in 36 months or, in respect of temporary employment undertakings established there is less time, since the beginning of its activity, there has been no payments from debt-claims the workers through the security referred to in paragraph 1 of article 6 3. The temporary employment business must also communicate with 5 days notice to the General Inspectorate of labour workers ' identity to yield abroad, the user, the workplace and the home and the foreseeable term the movement, as well as the establishment of security and the guarantee of benefits, pursuant to points (a)) and b) of paragraph 1. 4. The provisions of paragraphs. 1 and 7 to 10 of article 6 shall apply to the security referred to in point (a)) of paragraph 1. 5. If the temporary employment business does not ensure the repatriation in the situations referred to in subparagraph (c)) of paragraph 1, the workers ' request, the Institute of employment and vocational training shall pay the costs of repatriation on the bond. 6. the provisions of article 7 shall apply to the security referred to in point (a)) paragraph 1 whenever payments are concerned. 7. The temporary employment company has right of recourse against the worker with respect to repatriation expenses if termination occurs due to the fault of the employee, termination without notice or abandonment of work.

Article 11 verification of maintenance of requirements 1. The temporary employment business must prove to the Institute of employment and vocational training, by the end of the first quarter of each year, the requirements provided for in article 5, in relation to the previous year's 2. For the purposes of verification of the existence of an appropriate organisational structure, the temporary employment business must have a number of full-time workers 16 that matches at least 1% of the average number of temporary workers hired during the previous year or, when this number exceeds 5000, 50 full-time workers. 3. If the Institute of employment and vocational training does not notify the company of temporary work within the time limit laid down in paragraph 1 are deemed to have complied with the requirements set out in article 5.

Article 12 suspension or termination of the license 1. The Institute of employment and vocational training is suspended, for two months, the activity licence, temporary workers providing for use of any third party users, where there is non-compliance with the provisions of paragraph 1 of the preceding article. 2. The temporary employment business is considered, in the event of exercise of activity during the period of suspension of the license, the company is not licensed. 3. The suspension ends before the expiry of the period referred to in paragraph 1 if the temporary employment business proves missing requirements 4. The Minister responsible for labour area revokes, under proposal of the Institute of employment and vocational training the activity licence, where the temporary employment business don't do proof, during the period referred to in paragraph 1 the requirements whose absence has resulted in the suspension. 5. the permit shall expire if the temporary employment business to suspend the activity for 12 months because several of the prohibition or ban on the exercise of the activity.

CHAPTER III Contracts section 1 General provisions article 13 17 contracts to be awarded by the temporary employment business 1. The temporary employment exercise depends on the conclusion by the temporary employment business of the following contracts: the Contract of use) temporary work with the user; b temporary work contract) with the temporary worker; c) employment contract for an indefinite period for temporary transfer. 2. The use of temporary work contract must be concluded the term resolutivo may be certain or uncertain. 3. The temporary employment contract may be concluded the term resolutivo, right or uncertain.

Article 14 Form 1. The use of temporary work contracts and temporary work, as well as the employment contract for an indefinite period to transfer temporary, are subject to written form. 2. The contracts referred to in the preceding paragraph shall contain the identification and signature of the parties and be drawn up in duplicate, one of the copies delivered to the employee.

Article 15 freedom limitation Clauses are null and void the terms of use agreement, the temporary employment contract or an employment contract for an indefinite period for temporary assignment to prohibit the conclusion of a contract between the worker and the user assigned or that, in the case of conclusion of such contract, impose the user or to the worker the compensation or compensation to the temporary employment business.

Article 16 illegal Providing 18 1. Are void, contracts of temporary work and the contract of employment for an indefinite period for temporary concluded by providing temporary employment company not licensed in accordance with this law. 2. Is NULL, the contract concluded between temporary employment undertakings, pursuant to which one gives to the other a worker for subsequently ceded to third. 3. In the case referred to in paragraph 1 shall be deemed to work is provided to the temporary employment business under contract without term. 4. In the case referred to in paragraph 2 it is considered that the work is given to the company that held the assignment under contract without term. 5. In the case of the worker to be assigned to a user by a temporary employment undertaking licensed, without having concluded temporary employment contract or an employment contract for an indefinite period for temporary cession pursuant to the present law, it is considered that the work is provided by the employee this company under contract without term. 6. Replacing the preceding paragraphs, can the employee chooses, within 30 days after the beginning of the activity the user or the third party for compensation pursuant to article 443 of the labour code.

Article 17 special cases of responsibility for temporary labor contract with temporary employment company liable severally unlicensed this and the user by emerging employment contract claims and their violation or termination, belonging to the worker, as well as the corresponding social charges for the last three years.

SECTION II Use contract


Article 18 Eligibility 19 1 contract. The conclusion of the contract of use of temporary work is only permitted in the following cases: a) direct or indirect Replacement of absent worker or who, for whatever reason, is temporarily barred from service; b) direct or indirect Substitution of worker for which are pending in court action for assessing the lawfulness of the dismissal; c) direct or indirect Replacement of employee on leave retribution; d) replacement of full-time worker to provide part-time employment for specified period; and) need due to the vacancy of jobs when it attaches to the recruitment process are complete; f) seasonal Activities or other activities the annual production cycle report irregularities arising from the structural nature of the relevant market, including the supply of raw materials; g) exceptional growth of activity of the company; h) execution of occasional task or service determined precisely defined and not lasting; I) intermittent Needs manpower, determined by fluctuations of activity for days or parts of days, provided that the use does not exceed half the normal period each week to work on user; j) intermittent Needs of workers for the provision of direct family support, social, for days or parts of the day; l) needs of manpower to carry out projects with limited temporal nature, namely installation and restructuring of companies or industrial establishments, assemblies and repairs. 2. the contract of use must be concluded for the period strictly necessary to satisfy user requirements referred to in the preceding paragraph. 3. It is not allowed the use of temp jobs particularly dangerous to their safety or health, unless it is that their professional qualification. 4. For the purposes of subparagraph (g)) of paragraph 1, it is considered exceptional growth of activity adding whose duration does not exceed twelve months.

20 article 19 Justification of the contract 1. The proof of the reasons for the conclusion of the contract of use of temporary work rests with the user. 2. Are null use contracts concluded outside of the situations provided for in the preceding article. 3. In the case referred to in the preceding paragraph, it is considered that the work is provided by the user under contract without term. 4. The preceding paragraphs, can the employee chooses, within 30 days after the beginning of the activity the user or the third party for compensation pursuant to article 443 of the labour code.

Article 20 specific Formalities 1. Without prejudice to article 14 the temporary labor contract shall also comprise the following: a) the name and residence or seat of the temporary employment business and the user, as well as an indication of the numbers of taxpayers of the general social security scheme, as well as, first, the number and date of license license for the activity; b) Indication of the grounds of Appeal based on the temporary work by the user; c) description of the job to be completed and, where appropriate, adequate professional qualification, place and normal working period; d) Amount of the consideration due, referred to in paragraph 1 of article 36, the worker of the user holding the same job; and due Consideration by the user) to the temporary employment business; f) Beginning and duration, certain or uncertain, of the contract; g) date of conclusion of the contract. 2. For the purposes of aliena b) of the preceding paragraph, the justification must be made by express mention facts that the make up, and establish the relationship between the grounds invoked and the stipulated term. 21 3. In the absence of a written document or in the case of omission of mention required by subparagraph b) of paragraph 1, it is considered that the contract is null. 4. In the case referred to in the preceding paragraph shall be deemed to work is provided by the user under contract without term 5. In replacement of the previous paragraph, can the employee chooses, within 30 days after the beginning of the activity the user for compensation pursuant to article 443 of the labour code. 6. the user should require the temporary employment business, at the time of conclusion of the contract of use of temporary work, the junction East of copy of the insurance policy from industrial accident involving the temporary worker and the functions it will perform under the agreement for the use of temporary work to be jointly and severally liable for compensation for damage arising from an accident at work.

Article 21 Duration 1. The use of temporary work contracts, without prejudice to the provisions laid down in the following paragraphs and in paragraph 4 of article 18, can renew themselves, while maintaining its cause background, up to a maximum of 3 years. 2. The duration of the contract, may not exceed the duration of the case. 3. It is considered as a single contract that covered by one or more renewals. 4. The limits laid down in paragraphs 1 and 2 shall not apply to contracts of use the term uncertain when workers disposed of have concluded contracts for an indefinite period for temporary assignment with the temporary employment business.

Article 22 communications, the user is required to notify the services of safety, hygiene and health at work and the workers, where there is, within 5 working days the use of workers in temporary employment scheme.

22 article 23 non-observance of the time limit in the case of the temporary worker to continue to serve the user after 10 days after the termination of employment of temporary labor without having taken place the conclusion of the contract is based, it is considered that the work happens to be provided to the user based on open-ended employment contract concluded between this and the worker.

Article 24 Successive Contracts 1. The succession of temporary workers in the same job when has been reached the maximum duration provided for in article 21, before the expiry of a period of time equivalent to one third of the duration of the contract including renovations. 2. The preceding paragraph shall not apply in the following cases: a New worker's absence) replaced, when the contract of use has been celebrated for its replacement; b) exceptional Extras need for temporary employment in seasonal activities.

SECTION II temporary employment Contract article 25 Celebration of temporary employment contract 1. The temporary employment contract fixed-term or uncertain is allowed only in the situations provided for in the contract of use. 2. Is NULL the term stipulated in violation of the provisions of the preceding paragraph. 23 3. In the case referred to in the preceding paragraph shall be deemed to work is provided by the worker to the temporary employment business under contract without term. 4. If the result referred to in paragraph 2 to compete with the provided for in paragraph 3 of article 19 or in paragraph 3 of article 20 the work is provided to you under contract without term. 5. In place of the preceding paragraphs, can the employee chooses, within 30 days after the beginning of the activity the user or the third party for compensation pursuant to article 443 of the labour code. 6 article 26 mandatory particulars 1. The temporary employment contract term shall comprise the following: a) the name and domicile or registered office of the parties, and number and date of the licensing permit for the activity of temporary employment business; b) Indication of the reasons for the conclusion of the contract, with specific mention of facts that are part of these reasons; c) Activity contracted; d) Local and normal working period; and Retribution); f) date of commencement of work; g) Term of the contract, in accordance with article 27; h) date of conclusion. 2. In the absence of a written document or in the event of omission or insufficient indication of the reason justifying the conclusion of fixed-term employment contract, it is considered that the work is provided by the worker to the temporary employment business under the employment contract without term. 3. In place of the preceding paragraph, can the employee chooses, within 30 days after the beginning of the activity the user or the third party for compensation pursuant to article 443 of the labour code. 4. In the absence of indication required by paragraph (g)) of paragraph 1, the contract shall be deemed to have been concluded for a period of one month, not being allowed to renew.

24 Article 27 Duration


1. The temporary employment contract fixed-term lasts through time awake, not exceeding three years or 12 months, when the justification invoked by the user is the paragraph g) of paragraph 1 of article 18, including renewals, and can these occur while the cause justified its conclusion. 2. The temporary employment contract the uncertain term lasts for all the time you need the temporary needs of the user, but may not however exceed the maximum limit of three years or, twelve months, when the justification invoked is the paragraph g) of paragraph 1 of article 18.

Article 28 stipulation period of less than six months the temporary employment contract is not subject to the limits provided for in article 142 of the labour code.

Article 29 expiry of the temporary employment contract to the expiry of the temporary employment contract term, shall apply the provisions of articles 388º and 389 of the labour code, as in the case of fixed term or uncertain.

SECTION III of the employment contract for an indefinite period for temporary providing article 30 admissibility of the contract is allowed, in accordance with articles following the conclusion of an employment contract for an indefinite period for temporary cession between the temporary employment undertaking and the worker.

25 article 31 Formalities 1. Of the employment contract for an indefinite period for temporary transfer shall contain the following information: a) express acceptance on the part of the worker to the temporary employment business the ceda temporarily to users; b) contracted Activity or general description of functions the exercise and appropriate professional qualification, as well as the geographic area in which the worker belongs to serve; c) number and date of the permit of temporary-work agency; d) compensation limit for the compromises that may occur, but not less than the minimum monthly wage; 2. In the absence of written document or before the omission or insufficient references required by paragraph 1 (a)) and b) of the preceding paragraph, it is considered that the work is provided by the worker to the temporary employment business under contract without term. 3. In place of the preceding paragraphs, can the employee chooses, within 30 days after the beginning of the activity the user or the third party for compensation pursuant to article 443 of the labour code.

Article 32 period of inactivity in the periods in which is not in a situation of temporary, providing the employee hired for an indefinite period shall be entitled to the compensation provided for in the contract of employment or collective labour regulation instrument, unless the employee continue its activity in the temporary employment business.

Chapter 4 working conditions article 33 temporary workers 26 1 Framework. The worker assigned temporarily under contract of use is not included in the user's personal determination of the obligations relating to the number of workers employed, except as regards the organisation of services of safety, hygiene and health at work and for the purpose of qualifying as type of business. 2. The user must be included in the preparation of the social balance sheet information relating to the worker to be transferred temporarily under contract. 3. in the situations referred to in the preceding paragraphs is not considered for the purposes of the social balance sheet of the temporary employment business, and should be included in the staff of this map, drawn up in accordance with the order of the Minister responsible for labour area.

Article 34 replacing the temporary worker 1. Unless otherwise agreed, the termination or suspension of the temporary employment contract or contract for an indefinite period for temporary assignment due on the employee does not involve the termination of the contract of use, and the temporary employment business, within 48 hours, make available to the user the other worker to replace one whose contract has ceased or is suspended. 2. The same obligation exists for the temporary employment business if, during the first fifteen or thirty days of permanence of the worker in the service of the user, depending on the contract less than or equal to or greater than six months, this report that refusing the worker or in disciplinary procedure the preventive suspension of the Temp.

Article 35 Scheme of work 1. During the transfer, the employee shall be subject to the regime applicable to the user work with regard to the mode, place, duration of work and suspension of provision of 27 work, safety, hygiene and health at work and access to their equipment. 2. The user must inform the temporary employment business and workers about the risks to workers ' health and safety inherent in the workplace that is affection, as well as, where appropriate, the need for adequate vocational qualifications and specific medical surveillance. 3. The user must draw up the work schedule of the employee assigned and schedule your vacation, where they are taken to that service. 4. The exercise of disciplinary power is during the execution of the contract, to the temporary employment business. 5. Without prejudice to compliance with the working conditions resulting from the contract, the employee may be assigned to more than one user, even if it is not subject to an employment contract for an indefinite period for temporary transfer.

Article 36 Consideration and 1 holiday. The transferred worker has right to obtain the minimum wage fixed by law or collective labour regulation instrument applicable to user to the Professional category corresponding to the functions performed, unless another is higher for this practiced to perform the same functions, always with the caveat of higher retribution consecrated in collective labour regulation instrument applicable to the temporary employment business. 2. The worker is also entitled, in proportion to the duration of the temporary employment contract, the vacation, holiday and Christmas bonuses and other regular and periodic allowances that are payable by the user to their employees for identical work provision. 3. The preceding paragraph applies also to the temporary worker who has conducted its business to more than one user. 4. Temporary workers assigned to users abroad, less than eight months, is entitled to the payment of a monthly allowance for expenses up to a maximum of 25% of the value of the consideration basis. 5. The provisions of the preceding paragraph shall not apply to workers have an employment contract for an indefinite period for temporary or contract providing 28 work without end, which applies the rules of subsistence allowance mission allowances, provided for in the law.

Article 37 Compensation of holiday and Christmas bonus the retribution of vacation and holiday and Christmas allowances of workers hired for an indefinite period for temporary transfer are calculated on the basis of the average compensation paid in the last 12 months or the period of performance of the contract, if this is lower, not including the compensation referred to in article 32 and the corresponding periods.

Article 38 vocational training 1. The temporary-work agency cannot require the temporary worker any sum, that title is, in particular for guidance or vocational training services. 2. Without prejudice to the provisions of paragraph 7 of article 125 of the labour code, the temporary employment business must perform vocational training of temporary worker hired the term whenever the duration of the contract, initial or renewal, exceeding three months, or whenever there is succession of temporary fixed-term employment contracts, the sum of their lengths exceeding three months within a calendar year. 3. Without prejudice to paragraph 2 of article 137 of the labour code, the duration of vocational training referred to in paragraph 1 must correspond to a minimum of 8 hours. 4. The temporary employment business must affect the professional training of temporary workers, at least 1% of the annual volume of business in this activity.

Article 39 jobs available 29 the user must inform the worker given the existence of jobs available in the undertaking or establishment for the exercise of functions identical to those for which it was engaged, with a view to their application.

Article 40 social Security and workers ' compensation insurance 1. Temporary workers are covered by the General system of social security of the employees, competing to the temporary employment business compliance with their legal obligations. 2. In the situations referred to in article 10 will be delivered by temporary-work agency a copy of the temporary employment contract in the competent social security institution 3. The temporary employment business is obliged to transfer responsibility for the compensation due for work accident to companies legally authorised to perform this insurance.


Article 41 collective representation structures of workers 1. Temporary workers are considered, with respect to the temporary employment business, for the purposes of application of the rules on the establishment of structures for the collective representation of workers, whenever you're concerned matters affecting the temporary employment business, notably in the Constitution. 2. Temporary workers are considered, with respect to the user, for the purposes of application of the rules on the establishment of structures for the collective representation of workers, whenever you're concerned matters affecting the user in particular in the Constitution.

CHAPTER IV administrative Regime article 42 30 Administrative Responsibility the general regime provided for in articles 614º to 640º of the labour code applies to offences for breaches of licensing regimes of the temporary employment business and of the contract, without prejudice to the statutory powers conferred, in the autonomous regions, the respective agencies and regional services.

Article 43 administrative offences 1. Take misdemeanor: a) is Attributable to the temporary employment business, the breach of paragraph 1 and points (a)) and b) of paragraph 2 of article 9, paragraph 3 of article 10, paragraph 2 of article 14 (a)) and c) f) of paragraph 1 of article 26, paragraph 2 and article 40; b) attributable to the user, violation of article 22, paragraph 2 of article 33 and paragraphs 1 and 3 of article 35; c) Attributable to the temporary employment business and the user, violation (a)), c) and f) of paragraph 1 of article 20; 2. Constitutes a serious infraction: a) Attributable to the temporary employment business, the violation of paragraphs. 3, 4, 5, 6 and 7 of article 6, paragraph 1 of article 10, point (a)) of paragraph 1 of article 31 article 32 and article 38; b) attributable to the user, violation of paragraph 2 of article 35; 3. Is very serious infraction: a) Attributable to the temporary employment business, the activity of providing unlicensed workers, or without the security referred to in paragraph 2 of article 6, or without the requirement of technical capacity referred to in paragraph 4 of article 4; b) attributable to the user, the use of worker assigned in violation of the provisions of article 18, the breach of paragraph 3 of article 18 and the celebration of temporary labor contract with unauthorised company.

Article 44 penalties 31 1. Along with the fine, can be punished with the withdrawal or suspension of the exercise of its activity the company of temporary work to admit workers with violating the rules on the minimum age and the compulsory education. 2. The temporary employment business can still be punished with disbarment or suspension of the exercise of its activity in case of recurrence in practice of the following offenses: a) update or not replenish security referred to in article 6; b) Constitution or not replenish specific collateral referred to in subparagraph (a)) of paragraph 1 of article 10; c) No entry of temporary workers on social security; d) late for a period exceeding 30 days in the prompt payment of the consideration due to temporary workers. 3. Along with the fine, could be punishable by the temporary suspension of activities for a maximum period of two years the temporary employment business that does not include all workers and all corporate liable to social security rebate on monthly remuneration or that violates the provisions of paragraph 1 of article 38 4. The penalties referred to in the preceding paragraphs are registered in the register referred to in article 8.

Chapter V transitional and final provisions article 45 settlement of temporary employment undertakings companies that have engaged in temporary employment activity must adapt to the provisions of this law, within a maximum period of 90 days from the date of its entry into force.

Article 46 Removal of 32 certificates on the date of execution of the measure "to strengthen the channels of communication and the sharing of public information – elimination of certificates", provided for in the Simplex 2006-administrative and Legislative simplification programme, no longer required the submission of certificates referred to in paragraph 2 of article 5 and paragraph 1 of article 11.

Article 47 autonomous regions 1. In the application of this law to the autonomous regions are taken into account the legal powers granted to the respective agencies and regional services. 2. Autonomous Regions publications are made in the respective series of official journals.

Article 48 Set Standard is revoked Decree-Law No 358/89 of 17 October, with all the changes to take effect.

Article 49 entry into force this law shall enter into force within 30 days from the date of its publication.

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