Key Benefits:
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PROPOSED LAW NO. 152 /X
Exhibition of Motives
The reform of the linking, career and compensation schemes of workers
of the Public Administration is fundamentally based on the finding that the solutions
currently existing in those domains do not already meet the needs
imposed by good organisation and management of public resources, to the new requirements
placed by the Portuguese society and also to the challenges that, on the international level,
in a context of globalization, the Country faces and for whose overcoming the Administration
Public should continue to make an active and positive contribution.
The Public Administration serves the Country and its Citizens, through its
workers, constituting, therefore, the working regimes that apply to them.
matter of the utmost importance, conditioner of efficiency and quality of services
that are provided.
It is with these fundamental objectives that the present reform is launched in the belief that
of it will result in better Public Administration, with more mobilized workers
for the service of public interests.
It is practically unanimous the diagnosis made in relation to linkages, careers and
remunerations. Emphasis is on the great complexity of modalities and submodalities
of constitution of the legal employment relationship public and the situations to which they are
legally applicable. It is today practically impossible to draw a distinction
clear conceptual between the situations in which a employment relationship is to be constituted
in the modality of appointment, those in which the individual contract of
work for indefinite time and the rest in which one can make use of the remaining
modalities.
It is also consensual to acknowledge the rigidity of the rules applicable to personnel in
appointment regime, largely majority in the Public Administration, of which
stem from management difficulties and little flexibility in the relationship with needs
of services and in the adjustment to the performance levels revealed.
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There is a high number of careers with identical functional content and
proliferation of special regime and special-body careers, often without
clear functional justification.
It should also be recognized that the dynamics of careers have been very much based
in antiquity and in levels of generalizedly obtained performance evaluation, the
that gives you almost automatic nature, or based on contests with
very bureaucratized procedures which in practice give particular relief to requirements and
conditions of a formal nature.
There are several remunerative scales contributing to the little transparency of the
system of remuneration and an excessive number of different salary positions.
Contributing to the complexity of the remunerative systems, there are numerous
consecrated supplements often with the sole purpose of ensuring
additions to the base remuneration. On the other hand, they are poorly developed the
remunerative mechanisms truly related to the levels of
performance.
The relationship between the mechanisms of human resources management and the needs of the
overall management of services is weak, and very deficient the relationship between the mechanisms of
management of human resources and the budgetary capacities of the State, contributing to
the impossibility of control of the evolution of expenditure with personnel and for the
imbalances of public finances.
Thus, in the forecast sequence made in the Government Programme, also the Programme of
Stability and Growth (PEC), presented in June 2005, pointed to the
need to " deeply reform the system of careers and remuneration
substantially reducing the number of careers, as well as narrowing drastically
the elements of currently existing automatic progression ". In it refers that the
" wage progression must become strongly conditioned by the assessment of the
performance of employees "and it is recommended" to introduce appropriate incentives to the
improvement in the quality of public services, without impaing wage progression, before
on the contrary, intending to speed it up for the employees with good performance ".
Also in the update of the PEC presented in December 2006 takes aim at the
" need for a very broad reform, which will translate in particular into a new
human resource management system and its relationship to the global management cycle of the
public services, subordinated to principles of management by objectives ".
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It is this reform that now presents itself after, in September 2006, it became
public an exhaustive diagnostic report and already in November of the same year and since
January 2007 proceeded to negotiations with trade union associations
representative of the employees of the Public Administration on the principles
advisors to which one is to subordinate.
They are general enformative principles of the new solutions that now present themselves:
-the subordination of the linking regimes, careers and remunerations to the interest
public and the principles of equal access to the exercise of public functions and
of impartiality and transparency of the management of human resources of the
Public Administration;
-the strengthening of human resource management in the Public Administration targeting the
professional valorisation of workers, essential element of operation
of the public services, their professional motivation, the recognition of the
merit, the development of their competences and the increase in productivity,
in particular through organisational, procedural, technological and
of vocational training promoted by the Public Administration;
-the approximation to the common labour regime with respect to the specificities of the
Public Administration resulting from the pursuit of public interests, and which
should produce impact on numerous aspects of the scheme, specifically from the
contract of employment in public functions;
-the subjection to the same regime in key areas of employment relationship
public, regardless of the type of linkage: integration into careers and
respect for the legal rules of your organization, respect for the rules of
recruitment, figures of general mobility and respect for the general rules
enformers of the remunerative system;
-the maintenance of a career perspective for employees, with
evolution articulated with the needs of the overall management of services, based
on merit revealed through the performance or provision of evidence;
-the integration of human resources management in the overall management of services
public, being this conditioned by the legal assignments by the objectives
fixed and by the budgetary availabilities of services, on an annual horizon and
multiannual;
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-the management of human resources developing from the identification of the
activities and jobs necessary for the pursuit of objectives and
getting results from the services, through update staff maps
annual or multiannual, and progressively based on the definition of profiles of
competencies;
-the consecration of the principle of budgetary equality between services for the management
of human resources, aiming to prevent the existence of relative injustices in the
treatment of workers for reasons resulting exclusively from the assignment
of financial resources;
-the increase in management capacities of leaders, with strengthening mechanisms
of management control and accountability, of the need for reasons
of the acts of management and their transparency.
In relation to linkages two modalities of employment linkage are enshrined
public: the linking by contract of employment, for indefinite time (without prejudice
of the course of an experimental period) and the resolute term, which may be right or
unsure, and the binding by appointment, definitive (without prejudice to a period
experimental) and transient for temporary exercise of functions, for functions
expressly identified in the law.
The scheme of the employment contract in Public Administration, made modality
common, will follow a regime adapted from that fixed in the Labor Code, but
safeguarding always the pursuit of the public interest, hence it has nature
administrative. Such an adaptation will build on the Work Contract Regime in Roles
Public (RCTFP) which, upon additions, changes and derogations from that Code,
will regulate the remaining subjects of the legal public employment relationship in the modality of
contract. It will be stressed that the causes of termination of the contract provided for in that
Code. However, in this area an optive optive regime of mobility is envisaged
special with duration of one year, intended for the realization of the necessary initiatives to
reallocation of the worker to another public service, anteceding the cessation of the
linkage in case that reallocation does not occur.
The appointment will, in essence, follow the current regime. However, changes will be made
in the matter of termination of the binding, consecration by mutual cessation,
by means of fair compensation, in the terms already referred to in the legislation on mobility, and,
in a diploma of its own that will review the Disciplinary Statute, shall be provided for
cessation for insufficiency of performance, revealed in the allocation of assessments
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negative in two consecutive years that, upon verification in the process of nature
discipline, substantiate serious and repeated violation of professional duties.
It is stressed that for the exercise of the duties subject to the appointment regime never if
may resort to the contracting scheme, as for the initiation of duties subject to the
contract regime will never be able to resort to the appointment regime.
How the Disciplinary Status has already been referred to will be the subject of review and will be applicable to all
the workers of the Public Administration, with a cast of common duties and the
specifics that punctually justify themselves as to the disciplinary procedures
and as to the penalties applicable in each type of bond, derived from their nature.
It should also be underlined by the application to all employees, bound by
appointment and by contract, of a common body of impediments and incompatibilities,
without prejudice to greater demands to be provided for in careers in which they are justified,
regardless of the linkage modality.
Definite nominations and hiring go on to have a clear regime of
publicitation in Journal of the Republic. The remaining hires and nominations will be
appropriate advertised advertised, specifically through affixing in places
own of public services.
In the matter of collective bargaining is expected to consecrate the principle of equality
minimum between the statutes of the two modalities of linking and the principle of
inderogability, by instruments of collective bargaining, of the principles
fundamental enformers of the systems enshrined in this Law.
Notwithstanding, collective bargaining will emerge strengthened, predicting on the future RCTFP
instruments celebrated by career or set of careers, regardless of the
service, sector or ministry (without prejudice to welcoming of its specificities) and
pursuing principles of balance and relative fairness within each service, sector or
ministry, without prejudice to the particularities of each career.
In matters of careers, it reduces their number, giving rise to careers with
assignments and more comprehensive functional content. Such a reduction is accompanied by the
consecration of mechanisms that allow for greater flexibility for employees in the
change between careers.
They devote general and special careers and these will replace, as a rule, the current ones
special regime careers and special bodies, which vanish.
The careers will have the categories that the functional requirements impose. In the case of
there are several categories each must match a functional specificity
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own, even though it covers the contents of the lower category. Each category will integrate
different remunerative positions.
The dynamics of careers will be related to the management of human resources in
each service, and such management will naturally articulate with the managerial needs
global, being this naturally conditioned by budgetary capacities
existing and with the dynamics of performance evaluations.
The remuneration integrates the base remuneration components, including the allowance of
holiday and Christmas, supplements and compensations for performance.
It is devotes a unique remunerative table that encompasses the whole of the levels
remunerations likely to be used in the remunerative positions of all
careers, general or special, of the employees of the AP., with the exception of magistratures
given their constitutional status.
The change of remunerative position operates for the position immediately higher,
depending on the mentions obtained in performance evaluation. However, having in
view awarding the exceptional merit of the worker revealed in the evaluation of his
performance, by means of a detailed act, the full content of which is
advertised, may change your remunerative position to another that is superior to you.
Eliminates the automatic and permanent nature of any supplements
remunerations, assuming, of course, that specific functional complexes if
they find remuneratively recognized in the respective base remuneration.
Supplements should translate, as a rule, in specified amounts and not in
percentages of the base remuneration.
The remunerative supplements are always to be referred to a post of
concrete work and never just to the title of the career or category.
With the present reform it is therefore giving fulfilment to the Government Programme and opens up
a new phase in the management of the human resources of Public Administrations that,
observing the constitutional principles and specificities of the exercise of functions
public, allow the approximation of the respective regimes, in some respects, to the
common labour law.
The present reform is incircumvable. Failing to do so would lead the Public Administration, the
State and its workers to an unsustainable situation.
The effects produced by this reform are positive not only for the Administration
Public and the State, but also for its employees and for the Citizens and the
Society in general.
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Benefit the workers as it is retaken, in new molds, the dynamics of their
careers and remuneration, creating themselves still conditions for their performance in them
be reflected more directly.
They benefit the Public Administration and the State as the adopted schemes translate
more flexibility in management, introduce new capacities to attract and compensate for the
better talents and ensure the articulation between the management of human resources and the
overall management of services.
They benefit, still, the Society and Citizens, as the Public Administration better
organized you will provide your services more effectively and more efficiently and will contribute
actively to overcoming the challenges facing the Country in the context of the
global competition in which it participates.
The governing bodies of the Autonomous Regions were heard and initiated to
consultation with the National Association of Portuguese Municipalities and the National Association
of Freguesias.
The procedures stemming from Law No. 23/98 of May 26 were observed.
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:
Title I
Object and scope of application
Article 1.
Subject
1. This Law defines and regulates the regimes of linking, of careers and of
compensation of workers performing public duties.
2. Complementarily, the present law defines the legal-functional regime applicable to
each modality of constitution of the public employment legal relationship.
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Article 2.
Scope of subjective application
1. This Law shall apply to all employees who perform public duties,
regardless of the modality of linking and constituting the relationship
legal employment law under which they carry out their respective functions.
2. This Law is also applicable, with the necessary adaptations, to the present
employees with the quality of employee or agent of legal persons who if
find excluded from their scope of purpose.
3. Without prejudice to the provisions of the Constitution of the Portuguese Republic and in laws
special, the present law is still applicable, with the necessary adaptations, to the judges
of any jurisdiction and the magistrates of the Public Prosecutor's Office.
Article 3.
Scope of objective
1. This Law shall apply to the services of the direct and indirect administration of the
State.
2. This Law shall also apply, with the necessary adaptations, in particular
with respect to the competences in the administrative matters of the correspondents
organs of own government, the services of regional and local government administrations.
3. This Law shall be still applicable, with the adaptations imposed by the observance of the
skills of the corresponding holders, the bodies and support services of the
President of the Republic, the Assembly of the Republic, the courts and the Ministry
Public and their respective bodies of management and other independent bodies.
4. The applicability of this Law to the external peripheral services of the State shall not
damages the duration:
a) Of the standards and principles of international law that they have on the contrary;
b) Of the linking, career and local remunerations schemes;
c) Of the special instruments and internal mobility normations.
5. Without prejudice to the provisions of paragraph 2 of the preceding Article, this Law shall not apply to the
corporate public entities or the support offices of the members of the
Government either of the holders of the organs referred to in paragraphs 2 and 3.
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Title II
Management of human resources
Article 4.
Planning of activity and resources
1. Taking into consideration the mission, the tasks, the strategy, the objectives
superiorly set, the competences of the organic units and the resources
financial available, the organs and services plan, when preparing the
proposed budget, activities, of a permanent or temporary nature, the
develop during its implementation, the possible changes to be made in the
flexible organic units, as well as the respective personnel map.
2. The elements referred to in the preceding paragraph shall accompany the respective proposal of
budget.
Article 5.
Maps of personnel
1. Staff maps contain the indication of the number of jobs of which the
organ or service lacks for the development of the respective activities,
characterized in function:
a) Of the assignment, competence or activity that your occupant is intended for
comply or to perform;
b) From office or career and category that correspond to them;
c) Within each category, when it is necessary, of the training area
academic or professional that your occupant should be a holder of.
2. In the devolved organs and services, personnel maps are unfolded in
so many maps as many as the deconconcentrated organic units.
3. Staff maps are approved, maintained or amended by the competent entity
for the approval of the budget proposal and made public by affixing the
organ or service and insertion on electronic page, thus it shall remain.
4. The change in personnel maps that involves reduction of jobs
is grounded in reorganization of the organ or service on the legally
predicted.
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Article 6.
Management of human resources in the function of personnel maps
1. Face the personnel maps, the organ or service checks if they are in office
workers in sufficient numbers, insufficient or excessive.
2. Being insufficient the number of employees in duties, the organ or service, without
prejudice to the provisions of paragraph b) of paragraph 1 and in paragraphs 3 and 4 of the following article, may
promote the recruitment of the necessary to the occupation of the jobs in
cause.
3. The recruitment referred to in the preceding paragraph, for occupancy of the jobs
necessary for the implementation of the activities, it operates with recourse to the constitution of
legal relations of public employment for indefinite time, except when
such activities are of a temporary nature, in which case the recruitment is
carried out with recourse to the constitution of legal relations of public employment by
time determined or determinable.
4. The recruitment to constitution of public employment legal relationships by
indefinite time in the modalities provided for in Article 9 (1) begins
always from among workers with a public employment legal relationship for time
indefinite previously established.
5. The recruitment to constitution of public employment legal relationships by
time determined or determinable in the modalities provided for in Article 9 (1).
always starts from among workers who:
a) Do not wish to conserve the quality of subject legal relationships of
public employment constituted by indefinite time; or
b) If they find themselves placed in a special mobility situation.
6. In the event of the impossibility of occupation of all or a few jobs
by application of the provisions of the preceding paragraphs, the organ or service, preceding
assent of the members of the Government responsible for Finance and the
Public Administration, may proceed to the recruitment of employees with
legal employment relationship of public employment for time determined or determinable or without
previously established public employment legal relationship.
7. The sense and date of the opinion referred to in the preceding paragraph is expressly
mentioned in the recruitment procedure there in question.
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8. Under the conditions laid down in paragraph 4 of the preceding Article, the number of
workers in office, the organ or service begins by promoting the representations
legal necessary for the cessation of legal public employment relationships constituted
for time determined or determinable that it does not lack and, when still
required, applies to the remaining the legally foreseen regime, including that of
placement of personnel in special mobility situation.
9. The recruitment provided for in paragraph 5 may still occur, when especially admited.
in the law, upon own selection established on the grounds of scientific aptitude, technical
or artistic, duly substantiated.
Article 7.
Budgeting and management of personnel expenditure
1. Budget monies of organs or services allocated to expenditure on staff
are intended to bear the following types of charges:
a) With the remuneration of workers who should be kept in exercise of
functions in the organ or service;
b) With the recruitment of workers required for the occupation of posts of
work planned, and not occupied, on the approved personnel maps and, or, with
changes in remunerative positioning in the category of workers
that they remain in exercise of functions;
c) With the award of performance awards of the workers of the organ or
service.
2. Without prejudice to the provisions of Article 47 (6), the budgeting of the types of
charges referred to in points b) and c) of the previous number is carried out in a manner
equitable among the organs or services and is based on the weighting:
a) Of the objectives and activities of the organ or service and the motivation of the
respective employees, as to the referred to in the b) of the previous number;
b) From the level of performance reached by the organ or service in the year prior to the
preparation of the budget proposal, when it is referred to in the c) from the
previous number.
3. Compete to the maximum leader of the organ or service, weighted the factors referred to
in the paragraph a) of the preceding paragraph, decide on the maximum amount of each of the
types of charges referred to in paragraph b) of paragraph 1 that it proposes to bear, and may
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opt, without prejudice to the provisions of Article 47 (6), for the full allocation of the
budget appropriations corresponding to only one of the types.
4. The decision referred to in the preceding paragraph shall be taken within fifteen days after the
beginning of budget implementation.
5. When the totality of budget appropriations is not used to bear
the type of charges referred to in paragraph b) of paragraph 1, the remaining part add to the
intended to support the type of charges referred to in paragraph c) of the same number.
Title III
Regimes of linking
Chapter I
Constitution of the public employment legal relationship
Section I
Requirements for the worker
Article 8.
Requirements
The constitution of the public employment legal relationship depends on the meeting, by the
worker, in addition to others that the law provides for, of the following requirements:
a) Portuguese nationality, when not dispensed by the Constitution,
international convention or special law;
b) Eighteen years of full age;
c) Non-inhibition of the exercise of public functions or non-interdiction for the
exercise of those that you propose to perform;
d) Physical robustness and psychic profile indispensable for the exercise of functions;
e) Compliance with the mandatory vaccination laws.
Section II
Modalities
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Article 9.
Modalities
1. The legal relationship of public employment shall constitute by appointment or by contract of
work in public functions, henceforth designated by contract.
2. The appointment is the unilateral act of the public employer entity whose effectiveness
depends on the acceptance of the nominee.
3. The contract is the bilateral act concluded between a public employer entity,
with or without legal personality, acting on behalf and in representation of the State,
and a particular one, pursuant to which it constitutes a subordinate working relationship
of an administrative nature.
4. The legal public employment relationship constitutes a commission of service when
treat yourself:
a) From the exercise of posts not inserted in careers, specifically from the
leaders;
b) From the frequency of specific training course or the acquisition of certain degree
academic or certain professional title prior to the experimental period with
that begins the appointment or the contract, in both cases on the part of who
be subject to a legal public employment relationship by time
indefinite constituted beforehand.
Section III
Appointment
Article 10.
Scope
1. Are appointed the employees to whom it competes, depending on their integration in the
careers suitable for the purpose, compliance or execution of assignments,
competences and activities relating to:
a) Generic and specific Missions of the Armed Forces in permanent frameworks;
b) External representation of the State;
c) Safety information;
d) Criminal investigation;
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e) Public safety, either in free or in an institutional medium;
f) Inspection.
2. Without prejudice to the provisions of the Constitution of the Portuguese Republic and in laws
special, the judges of any jurisdiction and the magistrates of the
Prosecutor's Office.
Article 11.
Modalities of the appointment
1. The appointment shall be the modalities of final appointment and appointment
transient.
2. The final appointment shall be made for indefinite time, without prejudice to the
trial period planned and regulated in the following article.
3. Transitional appointment is carried out by time determined or determinable.
Article 12.
Experimental period of the final appointment
1. The definitive appointment of a worker for any career and category starts
with the course of an experimental period intended to substantiate if the worker
possesses the competencies required by the job that it will occupy.
2. In the lack of special law to the contrary, the experimental period has the duration of a
year.
3. During the trial period, the worker is accompanied by a jury
specially constituted for the purpose, to which it competes in its final assessment.
4. The final assessment takes into account the elements that the jury has collected, the
report that the employee must present and the results of the trainings
frequented.
5. The final assessment translates into a scale of 0 a to 20 values, considering
successfully completed the trial period when the worker obtained
an evaluation of not less than 14 or 12 values, depending on whether or not they are treated,
respectively, of career or grade 3 category of functional complexity.
6. Completed with success the experimental period, your term is formally
pointed out by written act of the competent entity for the appointment.
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7. The time of service elapsed in the experimental period that has been completed with
success is counted, for all legal effects, in the career and category concerned.
8. Completed without success the experimental period, the appointment is made a cessation and the
worker returns to the legal situation-functional of which he was a holder before her,
when constituted and consolidated for indefinite time, or cesses the relationship
public employment legal, in the contrary, in any case without a right to
compensation.
9. By specially reasoned act of the competent entity, heard the jury, the
experimental period and the appointment can be made ceasing in advance when
the worker manifestly reveals not to possess the skills required by the
job posting that occupies.
10. The time of service elapsed in the experimental period that has been completed without
success is counted, being the case, in the career and category to which the worker
regress.
11. The rules laid down in the general law on concursal procedure for the purpose of
recruitment of workers are applicable, with the necessary adaptations, à
constitution, composition, operation and competence of the jury, as well as to the
homologation and administrative challenge of the results of the final assessment.
Article 13.
Regime of the transitional appointment
1. To the assumptions of recourse to the transitional appointment, the experimental period and its
duration and renewal are applicable, with the necessary adaptations, the provisions
proper Work Contract Regime in Public Functions (RCTFP)
relative to the contract to term resolute.
2. The area of recruitment of the transitional appointment consists of the workers
that they have not or do not wish to conserve the quality of subject goods
public employment legal persons consisting of indefinite time, as well as
for those who find themselves in a special mobility situation.
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Article 14.
Form of the nomination
1. The appointment takes the form of dispatch and may consist of mere statement of
concordance with proposal or previous information that, in that case, is a part of
member of the act.
2. Of the appointment dispatch is stated in reference to the enabling legal devices and the
existence of appropriate budget cabling.
Article 15.
Acceptance of the appointment
1. Acceptance is the public and personal act by which the nominee declares to accept the
appointment.
2. Acceptance is titled by the respective term, model approved by the porterie of the
member of the Government responsible for the area of Public Administration.
3. In the act of acceptance the worker provides the following commitment of honour:
" I, the undersigned, solemnly assert for my honour that I have fulfilled with
loyalty the functions that are entrusted to me. "
Article 16.
Competence
1. The competent entity for the appointment shall also be for the signing of the term of
acceptance.
2. The competence provided for in the preceding paragraph may, the solicitation of the organ or service,
yet, on the initiative of the employee, be exercised by the civil governor or, in the
foreign, by the diplomatic or consular authority.
Article 17.
Deadline for acceptance
1. Without prejudice to the provisions of special laws, the time limit for acceptance shall be twenty days
counted, continuously, from the date of the advertised act of the act of appointment.
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2. In duly justified cases, specifically of sickness and vacations, the term
provided for in the preceding paragraph may be extended, by specified periods, by the
competent entity for the signing of the respective term.
3. In the event of an absence by maternity, paternity or adoption of phalts by accident
in service and provision of military service, the time limit provided for in paragraph 1 is
automatically extended for the term of such situations.
Article 18.
Effects of acceptance
1. Acceptance determines the beginning of functions for all legal effects,
in particular those of perception of remuneration and counting of the time of
service.
2. In the cases of absence by maternity, paternity or adoption and phalings by
accident in service, the perception of remuneration arising from final appointment
retroacts to the date of the advertised of the respective act.
3. In the cases provided for in paragraph 3 of the preceding Article, the counting of the time of service
arising from definitive appointment retroacts to the date of the respective publication of the respective
act.
Article 19.
Lack of acceptance
1. The competent entity for the signing of the term of acceptance cannot, under penalty
of civil, financial and disciplinary responsibility, refuse to do so.
2. Without prejudice to the provisions of special laws, the lack of acceptance of the nominee matters
the automatic revocation of the act of appointment without it can be repeated in the
procedure in which it was practiced.
Section IV
Contract
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Article 20.
Scope
Are employed persons who should not be appointed and whose legal relationship of
public employment should not be constituted by commission of service.
Article 21.
Modalities of the contract
1. The contract shall be the modalities of an indefinite contract and of
contract to term resolute, right or uncertain.
2. The time of service elapsed in the experimental period that has been completed without
success is counted, being the case, in the career and category to which the worker
regress.
Article 22.
Contract recruitment area the resolute term
The contract recruitment area the resolute term consists of the employees
that they have not or do not wish to conserve the quality of subject goods
public employment legal persons constituted for indefinite time, as well as by the
that they find themselves in a special mobility situation.
Section V
Commission of service
Article 23.
Duration and renewal
1. In the lack of special law to the contrary, the service commission shall have the duration of three
years, successively renewable for equal periods.
2. The time of service elapsed in commission of service is counted, the case being, in the
career and category to which the worker returns.
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Article 24.
Possession
1. Without prejudice to the provisions of special laws, the acceptance of the exercise of office in
commission of service takes the form of possession.
2. The possession is a public, personal and solemn act by which the employee manifests the
willingness to accept the exercise of the post.
3. It shall apply to the commission of service and possession, with the necessary adaptations, the
provisions of Article 14, paragraphs 2 and 3 of Article 15, in Articles 16 and 17, paragraph 1
of Article 18 and in Article 19 para.
Chapter II
Guarantees of impartiality
Article 25º
Modalities
1. The existence of incompatibilities and impediments contributes to ensuring the
impartiality in the exercise of public functions.
2. Without prejudice to the provisions of the Constitution of the Portuguese Republic, in Articles 44.
a 51. of the Code of Administrative Procedure and in special laws, the
incompatibilities and the impediments to which the employees are subjected,
regardless of the modality of constitution of the employment legal relationship
public under which they exercise functions, are those provided for in this Chapter.
Article 26.
Incompatibility with other functions
The public functions are, as a rule, exercised in exclusivity arrangements.
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Article 27.
Accumulation with other public functions
1. The exercise of functions may be accumulated with that of other public functions
when these are not remunerated and there is in the accumulation manifest interest
public.
2. Being remunerated and there is manifest public interest in the accumulation, the
Exercise of functions can only be accumulated with that of other public functions
in the following cases:
a) Ineries;
b) Activities for the representation of organs or services or of ministries;
c) Participation in committees or working groups;
d) Participation in advisory boards and in supervisory commissions or
other collegial bodies, in this case for supervision or control of monies
public;
e) Activities of occasional and temporary nature that can be considered
complement of the function;
f) Teaching or research activities of a duration not exceeding that set at
dispatch of the members of the Government responsible for finance,
Public administration and education or higher education and that do not overlap
at more than one third to the time inherent in the main function;
g) Holding of conferences, lectures, short-form trainings and
other activities of identical nature.
Article 28.
Accumulation with private functions
1. Without prejudice to the provisions of the following paragraphs, the exercise of duties may be
accumulated with that of private functions or activities.
2. remunerated title or not, in autonomous or subordinate work arrangements, not
may be accumulated, by the employee or by interposed person, functions or
private activities competing or similar with the public functions
performed and that with these are confrontational.
21
3. They are, in particular, covered by the provisions of the preceding paragraph of the duties or
activities that, having content identical to that of the public functions performed,
are developed in a permanent or habitual manner and address the same
circle of recipients.
4. remunerated title or not, in autonomous or subordinate work arrangements, not
may still be accumulated, by the employee or by interposed person, functions or
private activities that:
a) Be legally considered incompatible with public functions;
b) They are developed on overlapper hours, albeit partially, to the
public functions;
c) They commit the exemption and impartiality required by the performance of the
public functions;
d) Prove some injury to the public interest or to the rights and
legally protected interests of citizens.
Article 29.
Authorization for accumulation of functions
1. The accumulation of functions under the terms set out in Articles 27 and 28 depends on
authorization of the competent entity.
2. Of the application to be submitted for the purpose shall appear in the indication:
a) From the place of the exercise of the function or activity to accumulate;
b) Of the time in which she is due to exercise;
c) Of the remuneration to be earned, when it is the case;
d) Of the autonomous or subordinate nature of the work to be developed and of the
respective content;
e) Of the reasons why the applicant understands that the accumulation, as per the
cases, is of manifest public interest or does not incur the provision in the subparagraphs
a) and d) of paragraph 4 of the preceding Article;
f) Of the reasons why the applicant understands there is no conflict with the functions
performed, specifically by the function to accumulate not to rewear the
characteristics referred to in paragraphs 2 and 3 and in the c) of paragraph 4 of the preceding Article;
g) From the commitment of immediate cessation of the function or activity accumulated in the
case of supervenient occurrence of conflict.
22
3. Compete to the holders of leading office, under penalty of termination of the commission of
service, in the terms of the respective status, check of the existence of situations of
accumulation of unauthorised functions, as well as scrutinize, in general, the strict
observance of the guarantees of impartiality in the performance of public functions.
Article 30.
Interest in the procedure
1. Workers shall not be able to provide to third parties, by themselves or by interposed person, in
autonomous or subordinate working regime, services within the framework of the study,
preparation or financing of projects, applications or applications that
should be subjected to their assessment or decision or to that of organs or units
organic placed under its direct influence.
2. Workers shall not benefit, personally and unduly, from acts or taking
part in contracts in which the training process will intervene organs or units
organic placed under its direct influence.
3. For the purposes of the provisions of the preceding paragraphs, they shall be deemed to be placed under
direct influence of the worker to the organs or organic units which:
a) Be subject to their power of direction, superintendence or guardian;
b) Exercise powers by it delegates or subdelegates;
c) Have it been by him instituted, or relatively to whose holder has
intervening as a public employer entity, for the specific purpose of
intervene in the procedures in question;
d) Be integrated, in whole or in part, by workers appointed by it
per time determined or determinable;
e) Whose holder or workers in them integrated have, for less than a year,
been benefited by any remunerative advantage, or obtained mention
on the evaluation of its performance, in whose procedure it has
intervening;
f) With it collaborate, in a situation of hierarchical parity, within the framework of the same
organ or service or organic unit.
4. It is equated to the interest of the employee, defined in the terms of the n. ºs 1 and 2, the
interest:
23
a) Of your spouse, not separated from persons and property, of your ancestry and
descendants to any degree, from the collateral to the 2. degree and from that which
with him living in the conditions of Article 2020 of the Civil Code;
b) Of the society in whose capital it detains, directly or indirectly, by itself
or jointly with the persons referred to in the preceding paragraph, a
participation not less than 10%.
5. The violation of the duties referred to in paragraphs 1 and 2 produces the consequences
disciplars provided for in the respective statute.
6. For the purposes of the provisions of the Code of Administrative Procedure, the
workers must communicate to the respective hierarchical superior, before
taken the decisions, practiced the acts or concluded the contracts referred to in the
n. ºs 1 and 2, the existence of the situations referred to in paragraph 4.
7. It shall apply, with the necessary adaptations, the provisions of Article 51 of the Code of the
Administrative Procedure.
Chapter III
Termination of the legal public employment relationship
Article 31.
General provisions
1. When provided for in special law, and in the terms of it established, the non-meeting
supervenient of any of the requirements referred to in Article 8 makes cessation or
modify the legal relationship of public employment.
2. In any case, in the lack of special law to the contrary, the legal relationship of
public employment cesses when the worker completes seventy years of age.
Article 32.
Cessation of the appointment
1. The definitive appointment cesses by:
a) Unsuccessful completion of the experimental period under the terms of the n. ºs 8, 9 and 10
of Article 12;
b) Exoneration at the request of the employee;
24
c) Mutual agreement between the public employer and the employee, upon
fair compensation;
d) Application of expulsive disciplinary penalty;
e) Death of the worker;
f) Disconnection of the service for retirement effects.
2. The exoneration referred to in para. b) of the preceding paragraph produces effects on 30 th day a
counting from the date of the submission of the respective application, except where the entity
public employer and the worker to wake up differently.
3. The cause of cessation referred to in paragraph c) of paragraph 1 is regulated by the porterie of the
members of the Government responsible for finance and the Public Administration and
generates the worker's failure, by the ten-year term, to constitute a
relation of binding, to the title of public or other employment, with the organs and
services to which this Law is applicable.
4. At the cessation of the transitional appointment are applicable, with the necessary adaptations,
the appropriate provisions of the RCTFP relating to the contract to be resolutely terminated.
Article 33.
Termination of the contract
1. Completed without success the experimental period, the contract is made ceasing and the
worker returns to the legal situation-functional of which he was a proprietor before him,
when constituted and consolidated for indefinite time, or cesses the relationship
public employment legal, in the contrary case.
2. The contract may cease for the causes provided for in the RCTFP.
3. When the contract for indefinite time should cease for collective dismissal
or by dismissal for extinction of the job posting, the identification of the
workers in respect of which such cessation should produce effects operates by
application of the procedures provided for in the Act in the event of a reorganisation of services.
4. Identified the workers whose contract should cease apply the remaining
procedures provided for in the RCTFP.
5. Committing to the need for termination of the contract, the worker is notified
for, in ten working days, to inform if you want to be placed in a mobility situation
special by the deadline of one year.
25
6. Not wishing him, and there has been no revocation agreement in the terms of the RCTFP, is
practiced the act of termination of the contract.
7. Being placed in special mobility situation and restarting functions by time
undetermined in any organ or service to which this Law is applicable, the
procedures for termination of the contract are filed without being practiced the
corresponding act.
8. Not taking place the restart of functions, in the terms of the preceding paragraph, during the
term of placement of the worker in special mobility situation, is practiced the
act of termination of the contract.
9. The provisions of paragraphs 5 a to 8 shall apply, with the necessary adaptations, to the cessation of
contract for time undetermined by:
a) Deciduation by supervenient, absolute and definitive impossibility of the
public employer receiving the work; or
b) Dismissal for inadaptation.
Article 34.
Termination of the commission of service
1. In the lack of special law to the contrary, the commission of service cesses, at all time,
on the initiative of the public employer or the worker.
2. Cessed the service commission, the worker returns to the jurydicate-functional situation
of which it was holder before it, when constituted and consolidated by time
indeterminate, or cesses the legal relationship of public employment, in the contrary case,
in any case with a right to compensation when provided for in special law.
Chapter IV
Contracts for the provision of services
Article 35.
Scope
1. The organs and services to which this Law is applicable may conclude contracts of
provision of services, in the modalities of task and avickness contracts, in the
terms set out in this chapter.
26
2. The celebration of task and avickness contracts can only take place when,
cumulatively:
a) If it deals with the execution of non-subordinated work, for which it proves to be
inconvenience the recourse to any modality of the employment legal relationship
public;
b) The work is carried out, as a rule, by a legal person;
c) The legal regime of the acquisition of services is observed;
d) The contractor proves to have regularised his tax obligations and with the
Social Security.
3. It is considered work not to subordinate what, being provided with autonomy, not
is found subject to the discipline and hierarchy of the organ or contracting service or
imposes the fulfillment of working hours.
4. Exceptionally, when it proves to be impossible or inconvenient, in the case,
observe the provisions of the paragraph b) of paragraph 2, the member of the Government responsible for the
area of Finance may authorize the conclusion of task and avease contracts
with natural persons.
5. The task contract shall be the object of the execution of specific work, of
exceptional nature, and may not exceed the term of the contractual deadline initially
established.
6. The contract of avickness shall have as its object successive benefits in the exercise of
liberal profession, with a certain monthly consideration, and may be made ceasing to the whole
time, by any of the parties, even when celebrated with clause of
tacit prolongation, with advance notice of sixty days and no obligation to
indemnify.
Article 36.
Failure to fulfil the scope of the celebration
1. Without prejudice to the full production of its effects during the time they have
state running, the contracts for the provision of services concluded with violation
of the requirements set out in paragraphs 2 and 4 of the preceding Article are void.
2. The violation referred to in the preceding paragraph makes incurryof its responsible in
civil, financial and disciplinary liability.
27
3. The cautionary title, the competent organic units for processing and
payment of the remunerations captivate automatically, from the following month
to the one in which the administrative or jurisdictional procedure has been instituted,
tendant to ascertain the unvalidity of contracting or to effect liability
financial, respectively, half of the base remuneration of the indicted responsible,
up to the limit of the amount that has been dispended by force of the contracting.
4. Fishing the procedure, captivated importances are delivered in the coffers of the
State, in the legal terms, or are returned, with the corresponding legal interest,
as the case.
5. For the purposes of the provisions of paragraph 3 a the competent entity by the instruction of the
procedure informs of its establishment of the organic units there.
Chapter V
Publission of the modalities of linking
Article 37.
Publication
1. Are published in the 2 th series of the Journal of the Republic , by extract:
a) The final acts of appointment, as well as those that determine, relatively
to the appointed workers, final changes of organ or service and, or,
of category;
b) The contracts for indefinite time, as well as the acts that determine,
relatively to contract workers, definitive organ changes or
service and, or, of category;
c) The service commissions;
d) The acts of termination of the modalities of the legal public employment relationship
referred to in the previous paragraphs.
2. Of the extracts of the acts and contracts appears the indication of the career, category and
remunerative position of the nominee or contractor.
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Article 38.
Other forms of publicitation
1. Are affixed to the organ or service and inserted on electronic page, by extract:
a) Transitional acts of appointment and the respective renewals;
b) The fixed-term contracts, right or uncertain, and the respective renewals;
c) The contracts for the provision of services and the respective renovations;
d) The cessations of the modalities of binding referred to in the preceding paragraphs.
2. Of the extracts of the acts and contracts appears the indication of the career, category and
remunerative position of the nominee or contractor, or, being the case, of the function a
play and respective retribution, as well as of the respective deadline.
3. Of the extracts of the service contracts appear still the reference to the
granting of the visa or the issuance of the declaration of conformity or, being the case, to the
your dispensability.
Title IV
Regime of careers
Chapter I
Scope of application
Article 39.
Scope of application
1. Without prejudice to the provisions of the following number and in Article 58, the present title is
applicable to legal public employment relationships constituted by time
undetermined.
2. Transitional appointments and contracts at the resolute term, right or uncertain, are
applicable, with the necessary adaptations, Articles 50 and 51, the n. paragraphs 2, 3 and 4 of the
Article 53, Articles 54 and 55 and Article 57 (1)
Chapter II
Careers
29
Section I
Organization of careers
Article 40.
Integration into careers
The workers named definitely and hired for indefinite time
exert their integrated roles in careers.
Article 41.
General and special careers
1. Are general the careers whose functional contents characterize jobs
that the generality of the organs or services lacks for the development of the
respective activities.
2. Are special the careers whose functional contents characterize posts of
work that only one or a few organs or services lack for the
development of the respective activities.
3. Only special careers can be created when, cumulatively:
a) The respective functional contents may not be absorbed by the
functional content of general careers;
b) The respective employees should be found to be subject to functional duties
more demanding than those provided for those of the general careers;
c) For integration into such careers, and in any of the categories in which if
unfold, be required, as a rule, to be approved in a training course
specific duration of not less than six months or the acquisition of certain degree
academician or certain professional title.
4. The approval and acquisition referred to in para. c) from the previous number can take place
during the trial period with which the appointment or the contract begins.
30
Article 42.
Unicategorials and pluricategorials careers
1. Irrespective of your qualification as general or special, the careers are
unicategorials or pluricategorials.
2. Are unicategorials the careers to which it corresponds a single category.
3. Are pluricategorials the careers that unfold in more than one category.
4. Only pluricategorial careers can be created when each of the
career categories corresponds to a functional content distinct from that of the rest.
5. Functional content of the top categories always integrates with those of you
lower.
Article 43.
Functional content
1. Each career, or each category in which it unfolds, corresponds to a content
functional legally described.
2. Functional content of each career or category should be described in a way
comprehensive, dismising detailed details of the tasks in it.
3. The description of the functional content may not, in any case, and without prejudice to the
provisions of Article 271 (3) of the Constitution, constitute grounds for non-
compliance with the duty of obedience and is without prejudice to the assignment to the worker of
functions, not expressly mentioned, that are either related to or functionally
linked.
Article 44.
Degrees of functional complexity
1. As a function of the entitlement level entitlement as a rule required for integration
in each career, these rank in three degrees of functional complexity, in the
following terms:
a) From grade 1, when you require the entitlement of compulsory schooling, yet
increased appropriate vocational training;
31
b) From grade 2, when you require the entitlement of the 12. th year of schooling or
course that is equated to you;
c) From grade 3, when you require a degree or academic degree
top.
2. The diploma that creates the career makes reference to the respective degree of complexity
functional.
3. pluricategorial careers may present more than one degree of
functional complexity, each of them referenced to categories, when the
integration in these relies, as a rule, of the entitlement of habilitational levels
different.
Article 45.
Remunerative positions
1. Each category of the careers corresponds to a variable number of positions
remunerative.
2. The category of the unicategorial career corresponds to a minimum number of eight
remunerative positions.
3. In the pluricategorial careers, the number of remunerative positions of each
category complies with the following rules:
a) To the lower category corresponds to a minimum number of eight positions
remunerative;
b) Each of the successively higher categories corresponds to a number
proportionally decreasing remunerative positions in such a way that:
i) Being career unfolded in two categories, be it from four o
minimum number of the paying positions of the top category;
ii) Being career unfolded in three categories, be it from five and two
the minimum number of the remunerative positions of the categories
successively higher;
iii) Being career unfolded in four categories, be it six, four and
two the minimum number of the remunerative positions of the categories
successively superior.
32
Article 46.
Change in remunerative positioning: gestioness option
1. Taking into consideration budgetary monies intended to bear the type of
charges laid down in paragraph b) of Article 7 (1), the maximum leader of the organ
or service decides, pursuant to paragraphs 3 and 4 of the same article, if, and to what extent,
this one proposes to bear charges arising from changes of the positioning
remunerative in the category of employees of the organ or service.
2. The decision referred to in the fixed preceding paragraph, grounded in the amount
maximum, with the necessary breakdowns, of the charges that the organ or service if
proposes to support, as well as the universe of careers and categories where the changes
of the remunerative positioning in the category may take place.
3. The universe referred to in the preceding paragraph may still be disaggregated, when so the
understand the maximum leader, in function:
a) Of the attribution, competence or activity that the workers integrated into
certain career or holders of a particular category should comply or
perform;
b) From the area of academic or vocational training of integrated employees
in a particular career or holders of certain category, when such area
of training has been used in the characterization of the jobs
contained in the personnel maps.
4. For the purposes of the provisions of the preceding paragraphs, the amendments may not have
place in all careers, or in all categories of a same career or
still relatively to all workers integrated in a particular career or
holders of certain category.
5. The decision is made public by affixing on the organ or service and insertion on page
electronics.
Article 47.
Change in remunerative positioning: rule
1. Fill in the universes defined in the terms of the previous article the workers of the
organ or service, wherever they find themselves in an exercise of functions, which, in the absence
of special law to the contrary, they have obtained, in the latest assessments of their
33
performance referred to the duties exerted during remunerative positioning
where they are found:
a) Two maximum, consecutive mentions;
b) Three mentions immediately below the highs, consecutively; or
c) Five mentions immediately below those referred to in the previous subparagraph, since
that substantiate positive, consecutive performance.
2. Determined the workers who fill each of the defined universes, are
ordered, within each universe, by descending order of classification
quantitative obtained in the last assessment of their performance.
3. In the face of the ordinance referred to in the preceding paragraph the maximum amount of charges
fixed by each universe, pursuant to paragraphs 2 and 3 of the preceding Article, is distributed,
by the order mentioned, in such a way that each worker changes his or her
positioning in the category for the immediately following remunerative position
the one he finds himself in.
4. There is no place to change remunerative positioning when, notwithstanding
meeting the requirements set out in paragraph 1, the maximum amount of charges laid down
for the universe in question if it has, predictably, effectively depleted with the
change concerning the ordinance ordered superiorly.
5. For the purposes of the provisions of the provisions of b) and c) of paragraph 1 are also considered the
mentions obtained that are higher than those referred to.
6. There is room for mandatory change for the remunerative position immediately
next to the one in which the worker is found, when there is,
regardless of the universes defined in the terms of the previous article, when
that one, in the lack of special law to the contrary, has accumulated ten points in the
evaluations of their performance referred to the duties performed during the
remunerative positioning in which it is found, counted in the following terms:
a) Three points for each maximum mention;
b) Two points for each mention immediately lower than the maximum;
c) One point for each mention immediately below the one referred to in the
previous, provided that it substantiated positive performance;
d) One negative point by each mention corresponding to the lowest level of
evaluation.
7. In the lack of special law to the contrary, the change in remunerative positioning
reports on January 1 of the year in which it takes place.
34
Article 48.
Change in remunerative positioning: exception
1. Even if the requirements set out in Article 1 (1) are not met
previous, the maximum leader of the organ or service, heard the Coordinating Board
of the Assessment and on the limits set by the decision referred to in Article 46 (2e) 3,
may change, for the remunerative position immediately following that in which if
finds, the remunerative positioning of worker in whose last assessment
of the performance has obtained the maximum mention or the immediately lower.
2. Similarly, in the limits set by the decision referred to in paragraphs 2 and 3 of the article
46., the maximum leader of the organ or service, heard the Coordinating Board of the
Assessment, may determine that the change of the positioning in the category of
worker referred to in paragraph 3 of the preceding Article if he operates for any other position
remunerative following the one in which you find yourself.
3. The provisions of the preceding paragraph shall have as a limit the maximum remunerative position
for which they have changed their positioning the workers who, in scope
of the same universe, find themselves commanded superiorly.
4. Changes in the remunerative positioning provided for in this article are
particularly substantiated and made public, with the full content of
respective statement of reasons and of the opinion of the Coordinating Board of the Assessment, by
publication in own space of the 2 th series of the Journal of the Republic , by affixing in the
organ or service and by insertion on electronic page.
5. The provisions of paragraph 7 of the preceding Article shall apply.
Section II
General careers
Article 49.
Enumeration and characterization
1. Are general the careers of:
a) Top technician;
b) Technical assistant;
35
c) Operational assistant.
2. The characterization of general careers as a function of the number and designation of the
categories in which they unfold, of the functional contents, of the degrees of
functional complexity and the number of remunerative positions of each category
is listed in the Annex to this Law, of which it is an integral part.
3. The forecast, in the maps of personnel, of jobs that should be occupied
by technical coordinators of the technical assistant career depends on the existence
of flexible organic units with the section level or the need for
coordinate at least ten technical assistants from the respective sector of activity.
4. The forecast, in the maps of personnel, of jobs that should be occupied
by the operational general officers of the operational assistant career depends
of the need to coordinate at least three operational taskpersons of the
respective sector of activity.
5. The forecast, in the maps of personnel, of jobs that should be occupied
by operational tasking of the operational assistant career depends on the
need to coordinate at least ten operational assistants of the respective
sector of activity.
Chapter III
Recruitment
Article 50.
Concursal procedure
1. Decided by the maximum leader of the public employer entity under the terms of the n.
2 of Article 6 and (6) b) of paragraph 1 and of paragraphs 3 and 4 of Article 7, promote the
recruitment of workers required for occupation of all or a few posts
of planned work, and not occupied, on the approved personnel maps, is
advertised the respective concursal procedure, specifically by means of
publication in the 2 th series of the Journal of the Republic .
2. The concursal procedure referred to in the preceding paragraph observes the injunctions
arising from the provisions of paragraph 3 a to 7 of Article 6.
3. From the publicitation of the concursal procedure it appears, with clarity, the reference to the
number of jobs to be occupied and their characterization in function of the
36
assignment, competence or activity to be fulfilled or to perform, career, category, and,
when it is necessary, area of academic or professional training that
match.
4. For the purposes of the provisions of the preceding paragraph, the publicitation of the procedure does
reference:
a) To the area of academic training when, in the cases of the paragraph c) of paragraph 1 of the
article 44, there is more than one at the same emitational level;
b) To the area of vocational training when, in the cases of the points a) and b) of paragraph 1
of Article 44, career integration does not depend on, or do not depend on
exclusively, of literary habilitations.
Article 51.
Habilitational level requirement
1. As a rule, it may only be a candidate for the procedure who is holder of the level
habilitational and, when the case is, of the training area, corresponding to the degree
of functional complexity of the career and characterizing category of the posts of
work for whose occupation the procedure is advertised.
2. The publicitation of the procedure may, however, provide for the possibility of application
of whom, not being a holder of the required habilitation, consider having the training and,
or, professional experience necessary and sufficient for the replacement of that
habilitation.
3. The replacement of the habilitation in the terms referred to in the preceding paragraph is not
permissible when, for the exercise of a particular profession or function, implicated
in the characterization of the jobs in question, special law requires title or the
fulfillment of certain conditions.
4. The jury, preliminarily, analyses the training and, or, the professional experience and
deliberates on the admission of the candidate to the concursal procedure.
5. In the event of admission, the deliberation, accompanied by the full content of its
statement of reasons, is notified to the remaining candidates.
37
Article 52.
Other recruitment requirements
1. When it deals with unicategorial careers or the lower category of careers
pluricategorials, can apply for the procedure:
a) Workers integrated in the same career, to comply or perform differently
assignment, competence or activity, of the organ or service concerned;
b) Workers integrated in the same career, to be fulfilled or to perform any
assignment, competence or activity, of another organ or service or that if
find in a special mobility situation;
c) Integrated workers in other careers;
d) Being the case, workers who exercise the respective posts in committee
of service or who are subject to other legal employment relationships
public by time determined or determinable and individuals with no relation
public employment legal system previously established.
2. In the lack of special law to the contrary, when it deals with higher categories of
pluricategorial careers, can apply for the procedure, in addition to the
referred to in the previous number, workers integrated in the same career, in
different category, of the organ or service concerned, which they find themselves to be fulfilled or the
perform identical attribution, competence or activity.
Article 53.
Methods of selection
1. Without prejudice to the provisions of the following numbers, the methods of selection to be used
mandatorily in the recruitment are as follows:
a) Evidence of knowledge, written or oral, and, or, of competences, theoretitians or
practices, intended to assess whether, and to what extent, applicants have the
knowledge and, or, of the skills necessary for the exercise of the function; and
b) Psychological assessment aimed at assessing whether, and to what extent, candidates
they have the remaining competencies required for the exercise of the function.
2. When requested by applicants who, cumulatively, be holders of the
category and find themselves or, dealing with candidates placed in situation of
special mobility, if they have last found, to comply or to perform the
38
allocation, competence or characterizing activity of the jobs for
whose occupation the procedure has been advertised, the selection methods to be used in the
recruitment are as follows:
a) Curriculum assessment incident especially about the functions that have
performed in the category and in the fulfillment or execution of the assignment,
competence or activity in question and the level of performance in them achieved;
b) Interview of assessment of the skills required for the exercise of the function.
3. They can still be adopted, facultatively, other methods of selection
legally forecasted.
4. In exceptional cases, duly substantiated, specifically when the
predictable number of candidates is such a high that the use of the
selection methods referred to in the previous figures becomes impracticable, the
public employer may limit itself to use, in any recruitment,
those referred to in points a) of the n. ºs 1 or 2.
Article 54.
Tramping of the concursal procedure
1. Concursal procedure is simplified and urgent, obeying the following
principles:
a) The jury of the procedure is composed of workers of the entity
public employer, other body or service and, when the area of training
required to reveal it at its convenience, from private entities;
b) Non-existence of acts or preparatory lists of the final ordinance of the
candidates;
c) The final ordinance of the candidates is unitary, yet they have been
applied different selection methods;
d) The recruitment takes place by the descending order of the final ordinance of the
candidates placed in special mobility situation and, depleted these,
of the remaining candidates.
2. The plotting of the concursal procedure, including that of the intended to constitute
recruitment bookings in each organ or service or in centralized entity, is
regulated by porterie of the member of the Government responsible for the area of
Public Administration.
39
Article 55.
Determination of remunerative positioning
1. When it is in the cause of work for which the modality of the
legal employment legal relationship is the contract, the positioning of the
worker recruited in one of the remunerative positions in the category is the subject of
negotiation with the public employer entity and takes place:
a) Immediately after the end of the concursal procedure; or
b) Upon approval in a specific training course or the acquisition of
certain academic degree or of certain professional title, under the terms of the ( c) from the
n Article 41 (3), which are due before the conclusion of the contract.
2. For the purposes of the provisions of the paragraph d) of paragraph 1 of the previous article, the negotiation with
candidates placed in special mobility situation precedes that which has
place with the remaining candidates.
3. Without prejudice to informal contacts that may and should take place, the negotiation
between the public employer entity and each of the candidates, by the order in which
figurem in the final ordinance, carry out in writing.
4. In exceptional cases, duly substantiated, specifically when the
number of candidates is such a high mode that the negotiation becomes
impracticable, the public employer may take the initiative of the
consubstantiate in a proposal to join a particular positioning
remunerative sent to all applicants.
5. The possible agreement obtained or the proposal for accession shall be the subject of reasons
written by the public employer entity.
6. In each of the universes of candidates referred to in the d) of the Article 1 (1)
previous, as well as regarding the ordering of all applicants, the lack of
agreement with a given candidate determines the negotiation with what follows in the
ordering, to which, under no circumstances, may be proposed positioning
remunerative higher than the maximum that has been proposed to, and not accepted by,
any of the candidates who precede it in that ordinance.
7. After its closure, the documentation relating to the negotiated proceedings in
cause is public and of free access.
40
8. When it is in the cause of work for which the modality of the
legal relationship of public employment is the appointment, special law can make you
applicable the provisions of the preceding paragraphs.
9. Not using from the faculty provided for in the preceding number, the positioning of the
worker recruited takes place in or in one of the remunerative positions of the
category that have been advertised jointly with the elements referred to
in Article 50 (3)
Article 56.
Course for Advanced Studies in Public Management
1. Observation of the constraints referred to in Article 50 (1) relatively to
activities of a permanent nature, the maximum leader of the employing entity
public may opt, in alternative to the publicitation of concursal procedure in it
anticipated, by the resource to graduates of the Course of Advanced Studies in Management
Public (CEAGP).
2. For the purposes of the provisions of the preceding paragraph, the public employer shall refer
to the National Institute of Administration (INA) list of the number of jobs
occupy, as well as the respective characterization under the terms of paragraphs 3 and 4 of the article
50.
3. The characterization of the jobs whose number is shown in the list takes place in
consideration that graduates with CEAGP can only be integrated into the
general career of higher technician and for fulfillment or execution of the assignments,
skills or activities that the respective regulation identifies.
4. The shipment of the list to the INA undertakes the public employer entity to, fining the
CEAGP, integrate the corresponding number of graduates.
5. The recruitment for frequency of CEAGP observes the injunctions arising from the
provisions of Article 6 (4 a) to 7.
6. Integration in the general career of superior technician takes place in the first position
remunerative or at that of which the remunerative level is identical or, in the absence of it,
immediately superior to the remunerative level corresponding to the positioning
of the candidate in the category of origin, when she is a holder in the framework of a
legal employment legal relationship consisting of indefinite time.
41
7. CEAGP may also take place in other higher education institutions in the
terms set on the porterie of the members of the Government responsible for the
Public administration and higher education, being, in this case, the Directorate General of
Administration and Public Employment the competent entity for the management of the whole
procedure.
8. CEAGP is regulated by poration of the member of the Government responsible for the
area of Public Administration.
Article 57.
Vocational training
1. Not dealing with a special career for whose integration has been required to
approval in a specific training course, the beginning of employee roles
recruited takes place with a period of training in room and in exercise, whose
duration and content depend on the prior legal situation-functional of the worker.
2. Workers have the right and the duty to attend, every year, shares of
training and further education in the activity in which they perform duties.
Chapter IV
General mobility
Article 58.
Ceding of public interest
1. There is room for the celebration of budding agreement of public interest when a
entity worker excluded from the scope of purpose of this Law
should exercise functions, albeit part-time, in organ or service to which the
present law is applicable and, conversely, when an organ or service worker
should exercise functions, albeit in the same regime, in entity excluded from that
scope of application.
2. The agreement presupposes the written concordance of the organ or service, of the members of the
Government respective and responsible for the finances and the Public Administration, da
entity and the worker and implies, in the lack of provision to the contrary, the suspension
of the status of origin of this.
42
3. The ceding of public interest subject to the worker to the orders and instructions of the organ
or service or the entity where it will perform duties, being remunerated by these with
respect for the normative provisions applicable to the exercise of those functions.
4. The exercise of the disciplinary power shall compete with the transferee entity, except where
is in question the application of expulsive disciplinary feathers.
5. The behaviors of the ceded worker have relevance in the scope of the relationship
legal employment of origin, owing to the disciplinary procedure which apure the
disciplinary offences to respect the disciplinary status of origin.
6. The ceded worker is entitled:
a) On the count, in the category of origin, of the time of service provided under regime
of cedence;
b) To opt for the maintenance of the social protection regime of origin, focusing on
discounts on the amount of remuneration that would compete you in the category
of origin;
c) To occupy, in the legal terms, different post of work in the organ or service
or in the entity of origin or other organ or service.
7. In the case provided for in paragraph c) of the previous number, the ceding agreement of interest
public lapse with the occupation of the new job.
8. The agreement may be made ceasing, at all time, at the initiative of either Party
that in it have intervenor.
9. There can be no place, during the period of one year, the ceding of public interest
to the same organ or service or to the same worker entity as if
has found it ceded and has returned to the legal-functional situation of origin.
10. In the case provided for in the first part of paragraph 1, the exercise of functions in the organ or
service is titled through the proper modality of constitution of the relationship
public employment legal.
11. The functions to be held in an organ or service correspond to a post or a
career, category, activity and, when indispensable, area of training
academic or professional.
12. When the functions correspond to a leading post, the ceding agreement of
public interest is preceded by the observance of the legal requirements and procedures
of recruitment.
13. The budding agreement of public interest for the exercise of functions in an organ or
service to which this Law is applicable shall have the maximum duration of one year, except
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when it has been celebrated for the exercise of a post or is in cause organ
or service, in particular temporary, which may not constitute legal relations
of public employment for indefinite time, cases in which their duration is
undetermined.
14. In the case provided for in paragraph b) of paragraph 6, the organ or service or the entity
attend:
a) In the financing of the applicable social protection scheme in concrete with
importance that you find legally established for the contribution of the
employing entities;
b) Being the case, in the administration expenditure of health subsystems of the
public function, in the applicable legal terms.
15. When an organ or service worker should perform functions in central
trade union or confederation employer, or in private entity with representativeness
equated in the economic and social sectors, the agreement can predict that it will continue to be
remunerated, as well as the corresponding comprisals secured, by the
organ or service.
16. In the case provided for in the preceding paragraph, the maximum number of workers ceded is
of four by each union plant and of two by each of the remaining entities.
Article 59.
Internal mobility to organs or services
1. When there is convenience for the public interest, specifically when the
economy, the effectiveness and efficiency of the organs or services the impose of, the
workers can be subjected to internal mobility.
2. The mobility referred to in the preceding paragraph shall always be duly substantiated and
may operate:
a) Within the same modality of constitution of the employment legal relationship
public for indefinite time or between both modalities;
b) Within the same organ or service or between two organs or services;
c) Covering indistinctly employees in activity or who find themselves
placed in special mobility situation;
d) Full-time or part-time, as per the agreed upon among the subjects that
should give your agreement.
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Article 60.
Modalities of internal mobility
1. Internal mobility is the modalities of mobility in the category and of
inter-career mobility or categories.
2. Mobility in the category operates for the exercise of functions inherent in the category
of which the employee is a holder, in the same activity or in different activity to
that detains proper habilitation and training.
3. Inter-career mobility or categories operates for the exercise of functions not
inherent in the category of which the employee is holder and inherent:
a) The upper or lower category of the same career; or
b) The career of degree of equal functional complexity, higher or lower than the
career in which it is integrated or that of the category of which it is holder.
4. Inter-career mobility or categories depends on the entitlements of habilitation and
proper training of the worker and cannot substantially modify his / her
position.
Article 61.
Agreements
1. In rule, internal mobility depends on the agreement of the worker and the organs or
source and destination services.
2. Without prejudice to the provisions of the following figures, the agreement of the
worker for the purposes of internal mobility, in any of its modalities,
when:
a) If you operate for organ, service or organic unit situated in the concelho of your
organ, service or organic unit of origin or in that of your residence;
b) The organ, service or organic unit of origin or your residence is situated in the
concelho from Lisbon or in that of Porto and mobility opts for organ, service
or organic unit situated in confining concelho with any of those;
c) If you operate for any other concelain, as long as you check
cumulatively the following conditions, awound in function of the use of
public transport:
45
i) Do not imply monthly expenses for offsets between the residence and the
place of work, in both senses, exceeding 8% of the remuneration
monthly net or, being superior, that do not exceed expenditure
monthly for offsets between the residence and the organ, service or
organic unity of origin;
ii) The time spent on those displacements does not exceed 25% of the time of
work or, exceeding it, do not exceed the time spent on the displacements
between the residence and the organ, service or organic unit of origin.
3. The provisions of the paragraph c) of the previous number is not applicable when the worker
invokes and proves that of internal mobility would be of serious injury to your
personal life.
4. When internal mobility opts for lower category of the same career or
for a career of degree of functional complexity lower than that of the career in which if
finds integrated or that of the category of which it is holder, the agreement of the worker never
can be waived.
5. When internal mobility opts for organ or service, specifically
temporary, which cannot constitute legal relations of public employment by
indefinite time and if it stipulates that it may have duration of more than one year, the agreement
of the worker who does not find himself placed in a special mobility situation
can never be dispensed with.
6. Within the scope of the services referred to in Article 3 (1) and (2), the agreement is waived
of the home service for the purpose of internal mobility, in any of its
modalities, when you operate:
a) For service or organic unit located outside the metropolitan areas of
Lisbon and the Port;
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.
Article 62.
Remuneration
1. The worker in mobility in the category, in a different organ or service or whose
legal status-functional of origin is that of placed in a mobility situation
46
special, may be remunerated by the immediately following remunerative position
to the one where you find yourself positioned in the category or, in the event of a non-existence,
by the remunerative level succeeding to the corresponding to its position in the table
single remunerative.
2. The worker in inter-career mobility or categories under no circumstances is affected
in the remuneration corresponding to the category of which it is holder.
3. In the case referred to in the preceding paragraph, the remuneration of the employee is increased to
the higher remunerative level closest to the one that corresponds to your
positioning in the category of which it is holder to find itself predicted in the category
whose duties will exercise, provided that the first remunerative position of this
category corresponds to the upper remunerative level at the remunerative level of the
first position of that of which it is holder.
4. Not checking the hypothesis provided for in the preceding paragraph, may the worker be
remunerated pursuant to paragraph 1.
5. Except different agreement between the organs or services, the worker in mobility
internal is remunerated by the target organ or service.
Article 63.
Duration
1. Internal mobility has the maximum duration of one year, except when it is in
cause organ or service, specifically temporary, that it cannot constitute
legal relations of public employment for indefinite time, in which case your
duration is undetermined.
2. There can be no place, during the period of one year, internal mobility for the
same organ, service or organic worker unit that has found itself
in internal mobility and has returned to the legal-functional situation of origin.
Article 64.
Consolidation of mobility in the category
1. Mobility in the category that operates within the same organ or service
consolidates definitively, by decision of the respective maximum leader:
47
a) Regardless of agreement of the worker, if it has not been required for the
your start, or with your agreement, in the contrary case when you have operated on the
same activity;
b) With the worker's agreement, when you have operated in different
activity.
2. The consolidation referred to in the preceding paragraph shall not be preceded or unsuccessful
any experimental period.
Article 65.
Evaluation of performance and service time in internal mobility
The mention obtained in the evaluation of the performance, as well as the exercise time of
roles in career and category arising from internal mobility of the worker
report, alternatively, to their legal situation-functional of origin or to the
corresponding to the internal mobility in which it found itself, as in the meantime, the
worker shall not come or come, respectively, to constitute a legal relationship of
public employment for indefinite time, without interruption of functions, in the last
juridical situation-functional.
Title V
Regime of remunerations
Chapter I
Remuneration
Section I
Components of remuneration
Article 66.
Right to remuneration
1. The right to remuneration due for the purpose of exercise of duties in an organ or
service to which the present law is applicable is, as a rule, with the acceptance of the
48
appointment, or equated act, or, not owing these to take place, with the beginning of the
effective exercise of functions.
2. The provisions of the preceding paragraph shall be without prejudice to the legally required different regime,
in particular in Article 18 (2)
3. The remuneration, when it is periodical, is paid monthly.
4. The law provides for the situations and conditions under which the right to remuneration is total or
partially suspended.
5. The right to remuneration cede with the cessation of any of the modalities of
linkage, specifically of the legal public employment relationships constituted.
Article 67.
Components of remuneration
In the lack of special law to the contrary, the remuneration of the workers who exercise
functions under public employment legal relationships is composed of:
a) Base remuneration;
b) Remunerative supplements;
c) Performance awards.
Section II
Base remuneration
Article 68.
Single remunerative table
1. The single remunerative table contains the totality of the remunerative levels
likely to be used in the fixation of the base remuneration of workers who
carry out duties under public employment legal relationships.
2. In the setting of the base remuneration of judges of any jurisdiction and the magistrates
of the Public Prosecutor's Office shall not be used the remunerative levels contained in the table
referred to in the previous number.
3. The number of remunerative levels and the corresponding pecuniary amount to each
one is fixed in joint portery of the Prime Minister and the member of the Government
responsible for the area of Finance.
49
4. The change in the number of remunerative levels is the subject of collective bargaining,
in the terms of the law.
5. The change in the corresponding pecuniary amount at each remunerative level is
object of annual collective bargaining, pursuant to the law, and shall, however, remain
the relative proportionality between each of the levels.
Article 69.
Fixation of the base remuneration
1. The identification of the remunerative levels corresponding to the positions
remunerations of the categories, as well as to the posts exercised in committee of
service, is carried out by regulatory decree.
2. On the identification of the remunerative levels corresponding to the positions
remunerations of the categories are, biased, the following rules:
a) Addressing pluricategorial careers, the intervals between those levels are
decrescently smaller as the corresponding positions are
make it superior;
b) No remunerative level corresponding to the positions of the various categories
of the career finds overlapping, verifying a unique movement
growing from the level corresponding to the first position of the lower category
up to the corresponding to the last position of the top category;
c) Exceptionally, the level corresponding to the last remunerative position of
a category may be identical to that of the first position of the category
immediately higher;
d) Addressing unicategorial careers, the intervals between those levels are
constants.
Article 70.
Concept of base remuneration
1. Monthly base remuneration is the corresponding pecuniary amount at the level
remunerative, as per cases, of the remunerative position where the employee is
finds in the category of which he is a holder or of the office exercised in commission of service.
50
2. The base remuneration is referenced to the title, respectively, of a
category and the respective remunerative positioning of the worker or that of a
job title exercised in service commission.
3. Annual base pay is paid in fourteen tuition fees, corresponding to a
of them to the Christmas allowance and another to the holiday allowance, under the law.
Article 71.
Hourly pay
1. The value of the normal working hour is calculated through the formula Rbx12, being
Rb52xN
the monthly basic remuneration and N the number of hours of the normal weekly duration of the
work.
2. The formula referred to in the preceding paragraph serves as the basis for calculating the remuneration
corresponding to any other fraction of the working time.
Article 72.
Base pay option
When the legal public employment relationship constitutes itself by commission of service, or
there is place the ceding of public interest, the worker has the right to opt, to the whole
time, by the basic remuneration due in the legal-functional situation of origin that
be constituted for indefinite time.
Section III
Remunerative supplements
Article 73.
Conditions of assignment
1. Are remunerative supplements the remunerative accruals due by the
exercise of functions in jobs that present conditions more
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demanding in respect of other jobs characterized by identical charge
or by identical career and category.
2. remunerative supplements are refered to the exercise of duties in the
jobs referred to in the first part of the previous number, being only
due to those who occupy them.
3. remunerative supplements are due when workers, at posts of
work determined in accordance with paragraph 1, suffer, in the performance of their duties,
most demanding working conditions:
a) Abnormally and transiently, specifically those arising from the provision of
extraordinary, night work, on weekly rest days, complementing
and holidays and outside the normal place of work; or
b) On a permanent basis, specifically those arising from the provision of work
risky, pensive or unhealthy, by turns, in peripheral zones and of
steering secretariat.
4. remunerative supplements are only due while perduing the conditions
of work that determined their attribution.
5. In the lack of provision to the contrary, remunerative supplements are only
due as long as there is effective exercise of functions.
6. In rule, remunerative supplements are set in pecuniary amounts, only
exceptionally may be set as a percentage of the base remuneration
monthly.
7. With observance of the provisions of the preceding paragraphs, the supplements
remunerations are created and regulated by law and, or, in the case of relations
public employment legal contract consisting of contract, by collective agreement of
work.
Section IV
Performance awards
Article 74.
Preparation of the assignment
1. Taking into consideration budgetary monies intended to bear the type of
charges laid down in paragraph c) of paragraph 1 and in Article 7 (5), the maximum leader
52
of the fixed organ or service, grounded in the period of fifteen days after the beginning
of the implementation of the budget, the universe of the posts and that of careers and categories where
the allocation of performance awards can take place, with the disaggregations
required of the amount available in function of such universes.
2. It shall apply to the award of performance awards, with the necessary adaptations,
the provisions of paragraphs 3 a to 5 of Article 46.
Article 75.
Conditions of the assignment
1. Fill in the universes defined in the terms of the previous article the workers
that, cumulatively, exercise functions in the organ or service and, in the lack of law
special to the contrary, they have obtained, in the last assessment of their performance, the
maximum mention or the immediately lower than it.
2. Determined the workers who fill each of the defined universes, are
ordered, within each universe, by descending order of classification
quantitative obtained in that assessment.
3. In the face of the ordinance referred to in the preceding paragraph, and after exclusion of the
workers who, in that year, have changed their remunerative positioning
in the category by whose remunerative level they find themselves to be earned the remuneration
basis, the maximum amount of charges fixed by each universe under the terms of the
previous article, is distributed, by the order mentioned, by form to which each
worker receives the equivalent of his or her monthly base pay.
4. There is no place the award of performance award when, notwithstanding, meeting
the requirements set out in paragraph 1, the maximum amount of charges laid down for the
universe in question if it has been exhausted with the award of the worker
ordered superiorly.
5. Performance awards are referenced to the performance of the worker
objectively revealed and evaluated.
53
Article 76.
Other performance reward systems
1. On the limits of the envisaged in the ( c) of Article 7 (1) and (5), by law and, or, in the
case of the legal relations of public employment constituted by contract, by agreement
collective of work, other systems of
reward of performance, in particular as a function of results obtained in
team or the performance of workers who find themselves positioned in the
last remunerative position of the respective category ..
2. The systems referred to in the preceding paragraph may depart the application of the envisaged in the
present section.
Chapter II
Discounts
Article 77.
Enumeration
1. On the remuneration due for the performance of duties in organ or service to which
this Law shall apply to:
a) Mandatory discounts;
b) Optional discounts.
2. The discounts that result from legal imposition are mandatory.
3. Are optional the discounts that, being allowed by law, lack authorization
express from the holder of the right to remuneration.
4. In the lack of special law to the contrary, discounts are carried out directly
through withholding at the source.
Article 78.
Mandatory discounts
Constituted of the public employment legal relationship, are compulsory discounts the
following:
a) Tax on the income of natural persons;
54
b) Contributions to the applicable social protection scheme.
Article 79.
Optional discounts
1. Constituted the legal relationship of public employment, are optional discounts,
specifically, the following:
a) Premiums for health insurance or personal injury insurance, life insurance and
retirement add-ons and savings plans-reform;
b) Union quota.
2. Since being requested by the appointed employees or in the service commission, the
trade union quotas are compulsorily discounted at the source.
3. It shall be subsidally applicable to the discounts referred to in the preceding paragraph, with the
necessary adaptations, the appropriate provisions of the RCTFP.
Title VI
Legal-functional regime of the modalities of constitution of the legal relationship of
public employment
Article 80.
Appointment
1. The normative sources of the legal-functional regime applicable to workers who,
while subject to a different public employment legal relationship from the committee
of service, if they find themselves in the conditions referred to in Article 10 are, by this order:
a) This Law and the legislation that regulates it, in the applicable part;
b) The general laws whose scope of subjective application covers all the
workers, regardless of the modality of constitution of the relationship
legal employment law under which they carry out their respective functions,
in the applicable part;
c) The special laws applicable to the corresponding special careers, in the
matters which, in the face of the provisions of the law, may regulate;
d) Secondarily, the general laws whose scope of subjective application if
circumscribe to the then assigned staff and agents.
55
2. They are, in particular, general laws provided for in the b) of the previous number as
define:
a) The regime of the reorganisation of services and placement of personnel in situation
of special mobility;
b) The status of the governing staff;
c) The systems for evaluating the performance of services, leaders and the
workers;
d) The disciplinary status.
3. They shall, in particular, be matters governed by the special laws set out in paragraph c)
of paragraph 1 to which they define:
a) The structuring of special careers;
b) The recruitment requirements and the subsequent determination of the
remunerative positioning;
c) The remunerative levels of the positions of the categories of careers;
d) The remunerative supplements;
e) Other reward systems for performance;
f) Specific performance evaluation systems;
g) The scheme applicable in matters not governed by the laws laid down in the paragraphs a )
and b) of paragraph 1.
Article 81.
Contract
1. The normative sources of the legal-functional regime applicable to workers who,
while subject to a different public employment legal relationship from the committee
of service, find themselves under conditions other than those referred to in Article 10 are,
by this order:
a) This Law and the legislation that regulates it, in the applicable part;
b) The general laws whose scope of subjective application covers all the
workers, regardless of the modality of constitution of the relationship
legal employment law under which they carry out their respective functions,
in the applicable part;
c) The special laws applicable to the corresponding special careers, in the
matters which, in the face of the provisions of the law, may regulate;
56
d) The RCTFP;
e) Secondarily, the general laws whose scope of subjective application if
circumscribe to the then designated officials and agents;
f) Secondarily, the provisions of the contract.
2. They are still a normative source, in the matters which, in the face of the provisions of the law, may regulate,
the collective labour agreements that integrate or derogate from provisions or
schemes set out in the sources referred to in points a) a d) of the previous number,
Specifically about:
a) Remunerative supplements;
b) Other reward systems for performance;
c) Specific performance evaluation systems;
d) The scheme applicable in matters not governed by the laws laid down in the paragraphs a )
and b) of paragraph 1 when expressly they may regulate them.
3. It shall apply, with the necessary adaptations, the provisions of paragraphs 2 and 3 of the article
previous, except as far as the point is concerned b) of the latter, the contents of which are restricted
to the recruitment requirements.
Article 82.
Commission of service
1. The normative sources of the legal-functional regime applicable to workers whose
legal employment legal relationship is constituted by commission of service are,
by this order:
a) This Law and the legislation that regulates it, in the applicable part;
b) The general laws whose scope of subjective application covers all the
workers, regardless of the modality of constitution of the relationship
legal employment law under which they carry out functions, in the party
applicable;
c) The special laws applicable to the corresponding commission of service, in the subjects
that, in the face of the provisions of the law, may regulate;
d) Secondarily, those applicable to the public employment legal relationship of
origin, when there is and subsist;
e) Those provided for in Article 80, when there is no or no legal relation to the legal relationship of
public employment of origin.
57
2. It shall apply, with the necessary adaptations, the provisions of paragraph 2 and paragraphs (2) b) ,
first part, and c) a g) of Article 80 (3)
Title VII
Final and transitional provisions
Article 83.
Competent jurisdiction
The courts of the administrative and tax jurisdiction are the competent to appreciate the
emerging disputes of public employment legal relations.
Article 84.
Continuity of the exercise of public functions
The exercise of duties under any modality of constitution of the relationship
legal employment law in any of the organs or services to which the present law is
applicable releva as an exercise of public functions or in career, in the category and, or,
in the remunerative position, as per the cases, when the workers, maintaining
that exercise of functions, change definitively from organ or service.
Article 85.
Remuneration for category and exercise
1. The base remuneration integrates the category remuneration and the remuneration of
exercise, equal, respectively, to five sexts and one sixth of the base remuneration.
2. The law provides for the situations and conditions under which the right to remuneration is lost
exercise.
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Article 86.
Prevalence
Except where it expressly results in the contrary, the provisions of this Law
prevails over any special laws and instruments of collective regulation of
work beholsvers to the date of its entry into force.
Article 87.
Approval of the RCTFP
The RCTFP is approved, by legislative act, by way of entry into force
simultaneously with this Law.
Article 88.
Transition of modality of constitution of the public employment legal relationship
for indefinite time
1. The current appointed workers definitely carrying out duties in the
conditions referred to in Article 10 hold the final appointment.
2. The current workers hired for indefinite time performing duties
in the conditions referred to in Article 10 shall transit, without other formalities, to the
definite modality of appointment.
3. The current workers hired for indefinite time performing duties
under conditions other than those referred to in Article 10 hold the contract for time
indefinite, with the content arising from this Law.
4. The current appointed workers definitely carrying out duties in
conditions other than those referred to in Article 10 shall maintain the cessation schemes of
legal relationship of public employment and reorganization of services and placement of
personnel in special mobility situation of the final appointment and
transite, without other formalities, to the modality of contract by time
undetermined.
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Article 89.
Conversion of provisional appointments and service commissions during the period
probationary
1. The current workers provisionally appointed and in commission of service
during the probationary period transitam, in the constraints provided for in the n. ºs 1 and
4 of the previous article, as per cases:
a) For the final modality of appointment, in experimental period;
b) For the time-indefinite contract modality, in period
experimental.
2. In the experimental period is charged the time elapsed in provisional appointment or
on commission of service.
Article 90.
Conversion of the extraordinary service commissions and the service commissions into
services in installation regime
1. The current workers in extraordinary service commission for the realization of the
stage transitam, in the constraints provided for in Article 88 (1) and (4),
as the cases:
a) For the final modality of appointment, in experimental period;
b) For the time-indefinite contract modality, in period
experimental.
2. In the experimental period, the time elapsed in service commission is charged
extraordinary.
3. The present workers in service commission, albeit extraordinary, in
services in installation regime transitam to the proper modality of
internal mobility.
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Article 91.
Conversion of the administrative contracts of provement
1. Without prejudice to the provisions of Article 108, the present employees in contract
pavement administrative transitam, in accordance with the nature of the
functions exerted and with the foreseeable duration of the contract:
a) For the final modality of appointment, in experimental period;
b) For the modality of transient appointment;
c) For the time-indefinite contract modality, in period
experimental;
d) For the modality of contract to term resolutely right or uncertain.
2. In the experimental period, the time elapsed in administrative contract is charged
of the pavement.
3. To workers who are transiting under the terms of the c) of paragraph 1 shall apply after the
experimental period, with the necessary adaptations, the provisions of paragraph 5 of the article
88.
4. For the purposes of the transition referred to in points b) and d) of paragraph 1 considers to be term
initial of the respective legal employment relationships public the date of entry into
vigour of this Law.
Article 92.
Conversion of contracts to a resolute term
The current workers in contract to term resolute for the exercise of duties in the
conditions referred to in Article 10 transition to the transient appointment modality.
Article 93.
Conversion of substitutions in non-leading posts
1. The workers who currently find themselves in replacement in office do not
leader transitions to the proper modality of internal mobility.
2. Without prejudice to the consideration of the time of service previously provided in
replacement in the terms and for the purposes of Article 23 (3) of the Decree-Law n.
61
427/89, of December 7, the initial term of the transition referred to in the
previous number the date of entry into force of this Law.
Article 94.
Reassessment of service contracts
1. Within six months of the date of the entry into force of this Law, the
organs and services promote reexamination, in the light of the approved scheme, of all
the contracts for the provision of services in the victors.
2. It shall apply to non-compliance with the provisions of the preceding paragraph, with the necessary
adaptations, the scheme provided for in Article 36.
Article 95.
Transition to the general career of top technician
They transition to the general career of higher technician the current workers who:
a) If they find themselves integrated into the careers of general manager technician;
b) They find themselves integrated into the careers of general regime technician;
c) If they find themselves integrated into the careers provided for in decree-lei;
d) If they find integrated into careers with different designation whose degree of
functional complexity and functional content are identical to those;
e) Not finding themselves integrated into careers, the degree of functional complexity
and the functional content of the functions they perform are identical to those of that.
Article 96.
Transition to the category of technical coordinator
Transitions to the category of technical coordinator of the general assistant technical career
the current workers who:
a) Be holders of the category of head of section;
b) Be holders of the category of coordinator of the careers of technician-
general regime professional;
c) Be holders of the categories provided for in decree-lei;
62
d) Be holders of categories with different designation whose degree of
functional complexity and functional content are identical to those of that
category;
e) Not being holders of categories, the degree of functional complexity and the
functional content of the functions they perform are identical to those of that
category.
Article 97.
Transition to the technical assistant category
Transitions to the technical assistant category of the general career of technical assistant the
current workers who:
a) If they find themselves integrated into the careers of administrative assistant of regime
general;
b) They find themselves integrated into the careers of general regime treasurer;
c) Without prejudice to the provisions of the previous article, they find themselves integrated into the
careers of technical-professional general regime;
d) Whether they find themselves integrated into careers or are holders of the categories
provided for in decree-lei;
e) Whether they find integrated into careers or are holders of categories with
different assignment whose degree of functional complexity and content
functional are identical to those of that category;
f) Not finding themselves integrated into careers nor being any category-holders,
the degree of functional complexity and the functional content of the functions that
exercise are identical to those in that category.
Article 98.
Transition to the category of operational general charge
Transitions to the general career operational category of the general career of
operational assistant the current workers who:
a) Be holders of the category of general in-charge of personnel careers
general regime laborer;
b) Be holders of the categories provided for in decree-lei;
63
c) Be holders of categories with different designation whose degree of
functional complexity and functional content are identical to those of that
category;
d) Not being holders of categories, the degree of functional complexity and the
functional content of the functions they perform are identical to those of that
category.
Article 99.
Transition to the category of operational charge
Transitions to the operational in-charge category of the general assistant career
operational the current workers who:
a) Be holders of the category of in-charge of the careers of working staff
of a general regime;
b) Be holders of the categories provided for in decree-lei;
c) Be holders of categories with different designation whose degree of
functional complexity and functional content are identical to those of that
category;
d) Not being holders of categories, the degree of functional complexity and the
functional content of the functions they perform are identical to those of that
category.
Article 100.
Transition to the category of operational assistant
Without prejudice to the provisions of Articles 98 and 99, they transition to the category of assistant
operational from the general career of operational assistant the current employees who:
a) They find themselves integrated into the careers of general regime laborers;
b) They find themselves integrated into the careers of general regime auxiliary personnel;
c) Be holders of the category of in charge of the careers of auxiliary staff of
general regime;
d) Whether they find themselves integrated into careers or are holders of the categories
provided for in decree-lei;
64
e) Whether they find integrated into careers or are holders of categories with
different assignment whose degree of functional complexity and content
functional are identical to those of that category;
f) Not finding themselves integrated into careers nor being any category-holders,
the degree of functional complexity and the functional content of the functions that
exercise are identical to those in that category.
Article 101.
Review of careers and special bodies
1. Special regime careers and special bodies that subsist by the
workers in them integrated should not be transiting under Articles 95 to
100 shall be revised up to the date of the entry into force of this Law so as to:
a) Be converted, with respect to him willing, in special careers; or
b) Be absorbed by general careers.
2. Being converted into special careers, to their characterization is applicable the willing
in Article 49 (2)
3. In any case, the review diplomas define the rules of transition of the
workers.
Article 102.
Conversion of mobility situations to, or from, other entities
1. The current workers in mobility situation for, or of, excluded entity
of the scope of purpose of this Law transitions to the legal situation-
functional of ceding of public interest.
2. An initial term of the yielding referred to in the preceding paragraph of the date of entry is deemed
in force of this Law.
65
Article 103.
Conversion of the requisitions, detachments and special cedances
1. The present workers requisitioned, seconded and specially yielded from, and in,
organ or service to which the present law is applicable transitions to the modality
suitable for internal mobility.
2. An initial term of the internal mobility referred to in the preceding paragraph shall be considered
of the entry into force of this Law.
Article 104.
Remunerative repositioning
1. In the transition to the new career and category, the workers are repositioned
in the remunerative position to which it corresponds to remunerative level the amount of which
pecuniary be identical to the pecuniary amount corresponding to the base remuneration
to which they are currently entitled, in it including additional and differential integration
eventually due.
2. In the event of a lack of identity, workers are repositioned in the position
remunerative, automatically created, of remunerative level the amount of which
pecuniary be identical to the pecuniary amount corresponding to the base remuneration
the one they are currently entitled to.
3. In the case provided for in the preceding paragraph, the workers, until subsequent amendment of the
remunerative positioning, category or career, retain the right to
base pay that come auinjuring, which is the subject of change in identical
proportion to that resulting from the application of Article 68 (5).
4. For all legal purposes, the initial term of the repositioning is considered
remunerative referred to in the preceding paragraphs the date of the entry into force of the
present diploma, regardless of the time of service that employees
have been provided in the ranking and index in which they were to be placed or in
position to match the base pay that come to be auferally.
66
Article 105.
Remuneration for trainees
1. During the trial period, the present trainees retain the right to the amount
pecuniary corresponding to the remuneration that they come to be aujuring.
2. Completed with success the experimental period, the present trainees maintain
also that right when at the remunerative level of the remunerative position
that should occupy match a pecuniary amount lower than they come
auhurting.
3. It shall apply, with the necessary adaptations, to the provisions of paragraph 3 of the preceding Article.
Article 106.
Residual careers
1. Becoming the transition of workers in the terms of Articles 95 to
101. by virtue of the degree of functional complexity and, or, of the functional content of the
career in which they are integrated or from the category of which they are holders and, or,
of the rules of the remunerative repositioning provided for in Article 104, the careers
e, or, corresponding categories remain in the terms under which it is currently
find foreseen.
2. While there are integrated workers in the careers or holders of the categories
referred to in the preceding paragraph, the organs or services where they exercise functions adopt
the necessary legal arrangements, in particular those provided for in paragraphs 2 and
the following of Article 51, to their integration into careers or categories that are not
residual.
3. Cash amounts corresponding to the indices of the careers and categories
referred to in paragraph 1 are the subject of change in identical proportion to the result of the
Application of Article 68 (5)
67
Article 107.
Remunerative levels of service commissions
The base remunerations of the posts and duties that should be exercised in committee of
service are reviewed up to the date of entry into force of this diploma with a view to
your conformation with the one in it willing.
Article 108.
Transition of learners and helpers
1. The current apprentices and helpers transient to the term contract modality
resolute right.
2. An initial term of the contract referred to in the preceding paragraph of the date of entry is considered
in force of this diploma.
3. Until the termination of the contracts referred to in the preceding paragraphs applies, with the
necessary adaptations, the provisions of paragraphs 2, 3, 6 and 7 of Article 13 of the Decree-Law
n 404-A/98, of December 18.
4. The pecuniary amounts corresponding to the indices referred to in the provisions
legal ones mentioned in the previous number are subject to change in identical
proportion to that resulting from the application of Article 68 (5).
Article 109.
Nominative list of transitions and maintenances
1. The transitions referred to in Articles 88 and the following, as well as the maintenance of the
legal situations-functional in them predicted, are performed, in each organ or
service, through nominative list notified to each of the workers and made
public by affixing on the organ or service and insertion on electronic page.
2. Without prejudice to what is available to it otherwise, the transitions produce effects
from the date of the entry into force of this Law.
3. From the nominative list appears, in respect of each worker of the organ or service,
among other elements, the reference to the modality of constitution of their relationship
public employment legal, the general mobility situations of, or the, organ or
68
service and to your office or career, category, assignment, competence or activity
which fulfils or performs, remunerative position and remunerative level.
4. Relatively to the employees referred to in Article 88 (4), the list
nominative appear yet note that every one of them keeps the regimes there
mentioned, as well as that referred to in Article 114 (2).
5. To the staff placed on special mobility situation is also applicable, in the
proper part, the provisions of the previous figures.
6. Without prejudice to the provisions of Article 104 (4), the pretthonth exercise of duties,
by the constant employees of the list, under any modality of
constitution of the public employment legal relationship releva, in the legal terms then
beams, as an exercise of public functions or in office or career, in the
category or in the remunerative position, as the cases, which result from the
transition.
Article 110.
Recruitment competitions and selection of personnel
1. The recruitment and selection contests of valid staff at the date of entry into
vigour of this Act, as well as those pending on such date with respect to which
find complete the application of the selection methods, remain beholdant to the
term of the respective shelf life.
2. Legal relations of public employment arising from the contests referred to in the
previous paragraph shall constitute with observance of the rules laid down in the present
title.
3. Caducate the remaining recruitment and selection contests of outstanding personnel at the
date of entry into force of this Law, regardless of its modality and
situation.
Article 111.
Ongoing procedures relating to staff
The ongoing procedures aimed at the practice of acts of administration and management of
personnel who, in the face of the provisions of this Law, have disappeared from the legal order or
whose substantial and formal requirements for validity and, or, efficacy if they have
69
modified, respectively lapse or, being procedurally possible and useful,
proceed in order to the verification and application of such requirements.
Article 112.
Review of remunerative supplements
1. In view of its conformation with the provisions of this Law, the supplements
remunerations that have been created by special law are revised up to the date of
entry into force of that, so that:
a) They are kept, in whole or in part, as remunerative supplements;
b) Be integrated, in whole or in part, into the base remuneration;
c) Stop being auwounded.
2. When, by application of the provisions of the preceding paragraph, the supplements
remunerations are not, in whole or in part, kept as such or integrated
in the base remuneration, its exact pecuniary amount, or the part that it has about,
continues to be earned by workers until the end of their active career life
or in the category because of whose integration or entitlement acquired right to
them.
3. The pecuniary amount referred to in the preceding paragraph shall be unceable from any
change.
4. To the pecuniary amount referred to in paragraph 2 shall apply to the scheme then in force of the
respective remunerative supplement.
5. The provisions of paragraphs 2 and following shall not apply when the supplement
remunerative has been created or amended by non-legislative act after 30 of
August 2005.
Article 113.
Relevance of assessments in the change in remunerative positioning and in the
performance awards
1. For the purposes of the provisions of Article 47 (1) and (1) and 6 (1),
reliefs the evaluations of the performance referred to the duties performed during the
placement in the step and index immediately preceding the transition or position a
that corresponded to the base pay that the workers came to be auinjuring,
70
provided that, in any case, such assessments have taken place under the terms of the Law n.
15/2006, of April 26.
2. For the purposes of Article 47 (6), and without prejudice to the provisions of the
the following number, the relevance of the evaluations of the performance referred to in the number
previous one obeys the following rules:
a) When the applied performance evaluation system provides for five
mentions or levels of assessment, the number of points to be allocated is three, two,
one, zero and one negative, respectively from the most to the least high;
b) When the applied performance evaluation system provides for three mentions
or levels of assessment, the number of points to be allocated is two, one and one
negative, respectively from the most to the least high;
c) When the applied performance evaluation system provides for two mentions
or levels of assessment, the number of points to be allocated is one and a half points
for the mention or level corresponding to positive performance and a
negative for the mention or level corresponding to negative performance.
3. When, in performances pertaining to years decorated until December 31, 2007,
has been obtained mention or level of negative evaluation, points are awarded in the
following terms:
a) Zero points when a single mention or level of assessment has been obtained
negatives;
b) One negative point by each mention or level of negative assessment that
add to the mention or level referred to in the preceding paragraph.
Article 114.
Social protection and social benefits
1. All employees are entitled, under the law, to social benefits and to
meal allowance.
2. The workers referred to in Articles 88 and following maintain the scheme of
social protection which is applied to them at the date of the entry into force of this Law.
71
Article 115.
Transitional regime of relevant literary habilitations
1. In the lack of special law to the contrary, as long as the workers stay
integrated in the career resulting from the transition provided for in this chapter, not the
the habilitational level corresponding to the degree of functional complexity is required
of the career in question, even if they apply for the advertised concursal procedure
for occupancy of jobs, in the organ or service where they perform duties or
on another organ or service, corresponding to the identical or the different category of
career.
2. Without prejudice to the provisions of the preceding paragraph and in paragraphs 2 and following of Article 51,
when the attributions, skills or activities of the services impose it, may
special law to admit that until December 31, 2012, holders of higher course than
does not set degree of degree if they apply for the concursal procedure
Advertised for occupation of job correspondents corresponding to careers or
grade 3 categories of functional complexity.
Article 116.
Abrogation standard
All legal provisions contrary to the provisions of this Law shall be repealed,
specifically:
a) Those who have approved or changed the staff cadres of the organs or
services to which this Law is applicable;
b) The Decree No. 16563 of March 2, 1929;
c) The Decree-Law No 719/74 of December 18;
d) Article 2 of Decree-Law No 729/74 of December 20;
e) The Decree-Law No 485/76 of June 21;
f) The Decree-Law No 191-E/79 of June 26;
g) Article 3 of Decree-Law No 465/80 of October 14;
h) Article 25 of the Decree-Law No 110-A/81 of May 14;
i) The Decree-Law No 65/83 of February 4;
j) The Regulatory Decree No. 82/83 of November 30;
72
l) The Decree-Law No 41/84 of February 3;
m) The Decree-Law No 85/85 of April 1;
n) The Regulatory Decree No. 20/85 of April 1;
o) The Decree-Law No 248/85 of July 15;
p) Article 2 of Decree-Law No 12/87 of January 8;
q) The Decree-Law No 265/88 of July 28;
r) Article 3 of Law No 102/88 of August 25;
s) The Decree-Law No 184/89 of June 2;
t) The Decree-Law No 244/89 of August 5;
u) The Decree-Law No 353-A/89 of October 16;
v) The Decree-Law No. 381/89 of October 28, with the exception of its articles
4. and 5.
x) The Decree-Law No 427/89 of December 7;
z) The Decree-Law No 407/91 of October 17;
aa) The Decree-Law No 409/91 of October 17;
bb) The Decree-Law No 413/93 of December 23;
cc) Article 29 of Decree-Law No 77/94 of March 9;
dd) The Decree-Law No 230/94 of September 14;
ee) Article 2 of Decree-Law No 233/94 of September 15;
ff) Article 20 of Decree-Law No 45/95 of March 2;
gg) The Decree-Law No 159/95 of July 6;
hh) The Decree-Law No 121/96 of August 9;
ii) The Decree-Law No 226/96 of November 29;
jj) Articles 18 and 19 of Decree-Law No 13/97 of January 17;
ll) The Normative Order No. 70/97, published on November 22, 1997;
mm) The Decree-Law No 22/98 of February 9;
nn) The Decree-Law No 53-A/98 of March 11;
oo) The Decree-Law No 175/98 of July 2;
pp) The Decree-Law No 204/98 of July 11;
qq) The Decree-Law No 404-A/98 of December 18;
rr) Article 33 of Decree-Law No 84/99 of March 19;
ss) The Decree-Law No 238/99 of June 25;
tt) Articles 5 and 6 of Decree-Law No 324/99 of August 18;
uu) Articles 6 to 8 of the Decree-Law No. 325/99 of August 18;
73
vv) Articles 10 and 11 of Decree-Law No 326/99 of August 18;
xx) The Portaria No. 807/99 of September 21;
zz) The Decree-Law No 497/99 of November 19;
aaa) The Decree-Law No 518/99 of December 10;
bbb) The Decree-Law No 54/2000 of April 7;
ccc) The Resolution of the Council of Ministers No. 12/2001 of February 8;
ddd) The Decree-Law No 142/2001 of April 24;
eee) The Resolution of the Council of Ministers No. 97/2002 of May 2, and
complimentary dispatches;
fff) The Decree-Law No 149/2002 of May 21;
ggg) The Decree-Law No 101/2003 of May 23;
hhh) Article 6 of Law No 99/2003 of August 27.
Article 117.
Entry into force
1. Without prejudice to the provisions of the following number, this Law shall come into force in 1 of
January 2008.
2. Articles 101, 107 and 112 come into force on the day following that of the publication of the
present law.
3. Failure to comply with the revisions provided for in the Articles referred to in the preceding paragraph
determines the automatic expiry, as of the date of the entry into force of the present
law, of the laws that created and regulated the expected remunerative supplements
in the last of them.
Seen and approved in Council of Ministers of June 14, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
ANNEX
(Referred To in Article 49 (2))
CHARACTERIZATION OF GENERAL CAREERS
CAREER CATEGORIES FUNCTIONAL CONTENT
DEGREE OF
COMPLEXITY
FUNCTIONAL
NUMBER OF POSITIONS
REMUNERATIONS
Top Technical Top Technical
Advisory, study, planning, programming, evaluation and
application of methods and processes of a technical and / or scientific nature, which
substantiate and prepare the decision.
Elaboration, autonomously or in group, of opinions and projects, with
various degrees of complexity, and execution of other activities of
general or specialized support in the areas of common, instrumental acting
and operatives of the organs and services.
Functions exerted with responsibility and technical autonomy, yet
with qualified upper framing.
Representation of the organ or service in matters of its specialty,
taking technical indidole options, framed by directives or
higher orientations.
3 to 14
Technical assistant
Technical coordinator
Technical and administrative managerial roles in an organic subunit
or support team, for whose results are responsible.
Realization of the programming activities and organization of the work of the
personnel coordinating, second guidance and higher directives.
Execution of works of a technical and administrative nature of greater
complexity.
Functions exerted with relative degree of autonomy and responsibility.
2 to 4
75
CAREER CATEGORIES FUNCTIONAL CONTENT
DEGREE OF
COMPLEXITY
FUNCTIONAL
NUMBER OF POSITIONS
REMUNERATIONS
Technical Assistant Technical Assistant
Functions of an executive nature, of application of methods and processes,
on the basis of well-defined directives and general, grade-grade instructions
of complexity, in the areas of common and instrumental acting and in the
various fields of performance of the organs and services.
2
8
Operational assistant
General charge
operational
Managerial roles of the personnel of the operational assistant career.
Overall coordination of all tasks carried out by the personnel assigned to the
sectors of activity under its supervision.
1
2
In charge
operational
Coordination functions of operating assistants assigned to their
sector of activity, for whose results it is responsible.
Realization of the tasks of programming, organisation and control of the
work to be carried out by the personnel under their coordination.
Replacement of the general in-charge in its absences and impediments.
5
Operational assistant
Functions of an executive nature, of a manual or mechanical character,
framed in well-defined general directives and with degrees of
variable complexity.
Execution of elementary support tasks, indispensable to the
functioning of the organs and services, and may conduct physical effort.
Responsibility for equipment under your guard and for your correct
use, by proceeding, where necessary, to the maintenance and repair of the
same.
8