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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

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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.

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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

43

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.

44

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

51

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.

58

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.

59

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