Establishes The Binding Schemes, Careers And Remuneration Of Workers Who Exercise Public Functions

Original Language Title: Estabelece os regimes de vinculação, de carreiras e de remunerações dos trabalhadores que exercem funções públicas

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445314d6931594c6d527659773d3d&fich=ppl152-X.doc&Inline=false

1 PROPOSAL of law No. 152/X explanatory statement the binding schemes, reform of careers and remuneration of civil servants is based primarily on the fact that the existing solutions in those areas do not match the requirements already imposed by a good organization and management of public resources, the new requirements placed by the Portuguese society and also the challenges that at international level, in the context of globalization, the country faces and to whose overcoming public administration must continue to give an active and positive contribution. The Public Administration serves the Country and its citizens, through its employees, constituting therefore the labour regimes which apply to a matter of the greatest importance, condition of the efficiency and quality of services that are provided. It is with these fundamental objectives that launches this reform in the belief that will result a better Public Administration, with most workers mobilized for the service of the public interest. Is practically unanimous diagnosis done regarding links, careers and remuneration. Highlight the great complexity of the modalities and submodalities of Constitution of the legal relationship of public job and situations which are legally applicable. It is today almost impossible to establish a clear conceptual distinction between situations in which must be constituted an employment relationship in the mode of appointment, those in which use-if the contract of employment for an indefinite period and the other where you can make use of other modalities.

It is also widely accepted recognition of rigidity of rules applicable to staff on appointment, largely in public administration, majority of arising difficulties and little flexibility in relation to the needs of services and performance levels adjustment revealed. 2 there is a large number of careers with functional content identical and proliferation of special regime careers and special bodies, often without clear justification. It should be recognised that the dynamics of careers has been based on seniority and performance evaluation levels generally obtained, which gives it almost automatic nature, or based in contests with very bureaucratic procedures that, in practice, give particular emphasis to the requirements and conditions of formal nature. There are several pay scales contributing to the low transparency of the remuneration system and an excessive number of different wage positions. Contributing to the complexity of the payment systems, there are numerous established supplements often aimed exclusively to ensure the base remuneration increases. On the other hand, are poorly developed compensatory mechanisms truly related to the levels of performance. The relationship between the human resource management mechanisms and the needs of the overall management of services is weak, and very poor the relationship between human resource management mechanisms and budgetary capacities of the State, contributing to the impossibility of controlling the evolution of expenditure on personnel and public finance imbalances.

So, following forecast made in the program of the Government, also the stability and growth program (PEC), presented in June 2005, pointed to the need to "profoundly reform the career system and compensation while substantially reducing the number of careers, as well as limiting dramatically the elements of existing automatic progression". It refers to the "salary progression must be strongly conditioned by the performance evaluation of employees" and recommended "the introduction of appropriate incentives to improve the quality of public services, without sacrificing wage progression, on the contrary, intending to speed it up for employees with good performance. Also in the update of the SGP introduced in December 2006 if points to the "need for a broad reform, which will result in particular in a new human resources management system and its relation to the cycle of global management of public services, under the principles of management by objectives". 3 is this reform that now presents itself after, in September 2006, having made public an exhaustive diagnostic report and already in November of the same year and since January 2007 have carried out negotiations with the unions representing the employees of the Public Administration on the guiding principles to which they must comply. Are general principles that shape the new solutions which now are: — tying of linking schemes, careers and salaries to the public interest and the principles of equal access to public office and the impartiality and transparency of the management of human resources in public administration; — strengthening the human resource management in public administration aimed at the professional valuation of workers, which is an essential element in the functioning of public services, their professional motivation, recognition of merit, the development of their skills and increasing productivity, in particular through organisational, procedural, technological improvements and professional training promoted by the public administration; — the approach to the common labour regime, with respect for the specificities of the Government arising from the pursuit of public interests, and to produce impact on numerous aspects of the regime, notably of employment contract in public functions; — entry for the same system in key areas of public employment relationship, regardless of the type of link: integration in careers and respect for legal rules in your organization, respect for the rules of recruitment, General mobility figures and compliance with the General rules enformadoras remuneration system; — maintaining a career perspective for workers, articulated with the needs of global 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 public services, this being conditioned by legal duties by the objectives set and the budgetary availability of services, in a annual and multi-annual horizon; 4 — human resource management developing from the identification of activities and jobs necessary for the attainment of objectives and results of the services, through personal maps update yearly or multi-yearly, and progressively based on competency profiles definition; — the consecration of the principle of fiscal equality between services for the management of human resources, in order to prevent the existence of injustices on the treatment of workers for reasons arising exclusively from the allocation of financial resources; — increasing the management capacity of managers, with reinforcement of the management and control mechanisms of accountability, the need for justification of acts of management and their transparency. With regard to links consecrate themselves two modes of public job binding: binding for contract work, indefinitely (subject to the course of a trial period) and the term resolutivo, which may be right or uncertain, and binding by appointment, final (subject to a trial period) and transitional temporary exercise functions to functions expressly identified in law. The regime of employment contract in public administration, become common mode, follow a regime adapted from fixed in the labour code, but always safeguarding the pursuit of the public interest, then it has an administrative nature. Such adaptation will be indicated in the Regime of employment contract in Public Functions (RCTFP) which, through additions, amendments and derogations to that code, will govern the remaining subjects of the legal relationship of public employment in contract mode. Highlight that will keep the causes of termination of employment provided for in that code. However, in this area provides for a discretionary scheme of special mobility with duration of one year, for the initiatives necessary for the redeployment of workers to other public service, preceding the cessation of case binding that redeployment does not check. The appointment will follow in the current regime. However introduce changes will be in the area of cessation of binding, consecrating himself to termination by mutual agreement, subject to fair compensation, in accordance with the abovementioned legislation, and mobility in diploma who shall review the Disciplinary Status, will be the end for performance failure, revealed on the assignment of 5 negative reviews in two consecutive years that upon checking in process of disciplinary nature constitute serious and repeated, of professional duties. It should be noted that for the exercise of its functions subject to the naming scheme can never resort to hiring scheme, as to the duty placed under the contract can never resort to naming scheme. As already mentioned the Disciplinary Status will be reviewed and will be applicable to all Public servants, with a cast of common duties and the specifics that occasionally are justified with regard to disciplinary procedures and sanctions in each link type, derived from his nature. It should also be noted the application to all workers bound by appointment and by contract, of a common body of incompatibilities and impediments, without prejudice to further requirements to provide in careers that are justified, regardless of the mode of binding. Appointments and hiring of finality are a system of advertising in Diário da República. The other hires and appointments will be the subject of appropriate publicity, in particular through posting on own sites of public services. As regards collective bargaining is expected to enshrine the principle of equality between the statutes of the minimum two methods of linking and the principle of non-withdrawal, by instruments of collective bargaining, of the fundamental principles that shape the systems enshrined in this law. Nevertheless, collective bargaining will emerge strengthened, and in the future RCTFP instruments concluded by career or set of careers, regardless of the service sector or Ministry (without prejudice to accommodate its specificities) and pursuing principles of balance and Justice on within each service, sector or Ministry, without prejudice to the particularities of each career. In terms of careers, reduce their number, giving rise to careers with names and functional content more comprehensive. Such a reduction is accompanied by the consecration of mechanisms that allow more flexibility for workers in switching between careers. Consecrate themselves General and special careers and these will, as a rule, the current careers of special arrangements and special bodies that disappear. The careers will have the categories that the functional requirements dictate. If there are multiple categories to each must match a functional specificity 6 own, still covering the contents of the category below. Each category will integrate different compensation positions. The dynamics of careers will be related to the management of human resources in each service, and such joint management will naturally with the needs of global management, and this naturally conditioned by existing budgetary and capabilities with the dynamics of performance evaluations. Remuneration remuneration components integrates base, including holiday and Christmas allowances, supplements and compensation for performance. Dedicates a single remuneration table that includes all remuneration levels which can be used in place of compensation every career, General or specific, of employees of the PA, with the exception of the Clocktower given its constitutional status. The change of remuneration position operates to the immediately higher position, depending on the particulars obtained in performance evaluation. However, in order to reward exceptional merit employee revealed in evaluation of their performance, through detailed Act based, full content is advertised, may change your pay position to another to be superior. Remove the automatic nature of any compensatory supplements, assuming, of course, that specific functional complexes are remuneratoriamente recognised in their base remuneration. The supplements shall be, as a rule, in certain amounts and not in percentages of the basic remuneration. The compensatory supplements are always referenced to a job and never only concrete ownership of career or category. With this reform is because compliance with the Government Programme and opens a new phase in human resource management of public administrations which, observing the constitutional principles and the specifics of the exercise of public functions, allow the approximation of their regimes, in some ways, to the common labour law. This reform is unavoidable. Not doing would lead to Public Administration, the State and its workers to an intolerable situation. The effects produced by this reform are positive not only for the Public Administration and the State, but also for their workers and citizens and society in General. 7 Benefit because workers resumes in new moulds, the dynamics of their careers and salaries, creating even conditions for its performance in reflecting more directly. Benefit the Public Administration and the State because the schemes adopted reflect more flexibility in management, introduce new capabilities to attract and compensate top talent and ensure linkage between human resources management and the overall management of the services. Benefit the society and citizens, since the Public Administration will provide better organized its services more effectively and more efficiently and contribute actively to overcoming the challenges that the country faces, in the context of global competition in which participates. Were heard the Government organs of the autonomous regions and initiated the consultation with the National Association of Portuguese municipalities and the National Association of Parishes. The procedures were observed as a result of law No. 23/98 of 26 May. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: title I subject matter and scope Article 1 subject-matter 1. This law defines and regulates binding schemes, careers and remuneration of workers who exercise public functions. 2. In addition, this law defines the legal regime applicable to each functional mode of formation of the legal relationship of public employment.

8 article 2 scope of subjective 1. This law applies to all workers who carry out public functions, regardless of the binding mode and formation of the legal relationship of public employment under which they exercise their functions. 2. this law shall also apply, mutatis mutandis, to the current workers with the quality of an employee or agent of legal persons that are excluded from the scope of purpose. 3. Without prejudice to the provisions of the Constitution of the Portuguese Republic and in special laws, this law is still applicable, mutatis mutandis, to the judges of any jurisdiction and the prosecutors.

Article 3 scope of objective 1. This law shall apply to the direct and indirect administration services of the State. 2. this law shall also apply, with any necessary adaptations, in particular as regards the administrative powers of the corresponding government agencies own, regional and local administrations. 3. this law is still applicable, with the adaptations imposed by compliance with the responsibilities of the corresponding holders, bodies and services in support of the President of the Republic, the Parliament, the courts and the public prosecutor and their respective management agencies and other independent bodies. 4. The applicability of this Act to the services external peripherals of the State shall not affect the validity and norms: a) principles of international law which have otherwise; b) binding schemes, careers and pay. c) and special regulatory instruments internal mobility. 5. Without prejudice to paragraph 2 of the preceding article, the present law shall not apply to public bodies, nor to the business support offices of members of the Government of the holders of the organs referred to in paragraphs 2 and 3.

9 TITLE II human resources management article 4 Planning the activity and resources 1. Taking into consideration the mission, responsibilities, strategy, objectives, skills of superiorly organic units and the financial resources available, the organs and services plan, at the time of preparation of the proposed budget, the activities, permanent or temporary nature, to develop during his execution, any amendments to be made on flexible organic units, as well as the respective map. 2. The elements referred to in paragraph 1 are attached to its budget proposal.

Article 5 1 personal maps. Personal maps contain the indication of the number of jobs that the agency or service needs for the development of their activities, characterized in function: a) the attribution, competence or activity that an occupant is intended to fulfill or perform; b) from Office or career and category to which they correspond; c) within each category, when essential, of the academic or professional training area that an occupant should be holder. 2. In the organs and decentralised services, personal maps are broken down into so many maps how many devolved organic units. 3. personal maps are approved, maintained or amended by the competent authority for approval of the proposed budget and made public by posting in the body or service and insertion into electronic page, and should remain so. 4. Amendment of personal maps involving reduction of jobs is based on reorganization of the agency or service in accordance with legally prescribed. 10 article 6 human resources management on the basis of personal maps 1. In the face of personal maps, the agency or service checks are a sufficient number of workers functions, inadequate or excessive. 2. Being insufficient the number of employees in the agency or service functions, without prejudice to the provisions of paragraph b) of paragraph 1 and paragraphs 3 and 4 of the next article, can promote the recruitment of necessary for the occupation of the jobs concerned. 3. Recruitment referred to in the preceding paragraph, for the occupation of posts needed to carry out the activities, operate through the establishment of legal relations of public employment indefinitely, except when such activities are of temporary nature, in which case the recruitment is carried out through the establishment of legal relations of public employment by time determined or determinable. 4. Recruitment for the establishment of legal relations of public employment indefinitely in the manner provided for in paragraph 1 of article 9 starts always from among workers with legal relationship of public employment for an indefinite period previously established. 5. Recruitment for the establishment of legal relations of public employment by time determined or determinable in the manner provided for in paragraph 1 of article 9 starts always from among workers: a) wish to preserve the quality of subjects of legal relations of public employment constituted for an indefinite period; or (b)) are placed in a situation of special mobility. 6. In case of impossibility of occupation of all or of some jobs by application of the preceding paragraphs, the agency or service, preceding assent of members of the Government responsible for the finance and Public Administration, can proceed with the recruitment of workers with employment legal relationship public by time determined or determinable or no legal relationship of public job previously established. 7. The meaning and the date of the opinion referred to in paragraph 1 is expressly mentioned in the recruitment procedure in question there. 11 8. Under the conditions laid down in paragraph 4 of the preceding article, the number of workers being excessive, the agency or service begins to promote the legal steps necessary for the termination of the legal relationship of public job consisting of time determined or determinable that there lacks and, when necessary, apply to the rest of the system legally foreseen, including the placement of people in a situation of special mobility. 9. The recruitment laid down in paragraph 5 may still occur, when specially admitted by law, by selection established itself on the grounds of scientific, technical or artistic aptitude, duly substantiated.

Article 7 budgeting and expenditure management personnel 1. The budgetary resources of the bodies or services earmarked for staff costs are intended to support the following types of charges: a) With the salaries of workers must keep in the Office or service; b) With the recruitment of workers necessary for the occupation of posts and not busy, personal approved and maps, or with changes in the remuneration in the category placement of workers remaining in Office; (c)) With the award of prizes for performance of workers of the agency or service. 2. Without prejudice to the provisions of paragraph 6 of article 47, the budgeting of costs referred to in paragraph 1 (b)) and c) of the preceding paragraph is carried out in an equitable manner between the organs or services and is based on the weighting: a) the objectives and activities of the agency or service and motivation of employees, as far as referred to in point (b)) of the preceding paragraph; b) performance level reached by the agency or service in the year preceding the preparation of the budget proposal, when referred to in point (c)) of the preceding paragraph. 3. the maximum leader of the agency or service, considered the factors referred to in point (a)) of the preceding paragraph, decide on the maximum amount of each of the types of costs referred to in point (b)) of paragraph 1 which proposes support, 12 may opt, subject to the provisions of paragraph 6 of article 47, allocating budgetary funds full corresponding to just one of the guys. 4. The decision referred to in the preceding paragraph shall be taken within 15 days after the beginning of implementation of the budget. 5. When is not used all the budgetary funds intended to support the type of charge referred to in point (b)) of paragraph 1, the remaining part in addition to designed to withstand the kind of charge referred to in point (c)) of the same paragraph.

TITLE III chapter I Constitution binding schemes of the legal relationship of public employment section I requirements for worker article 8 Requirements the Constitution of the legal relationship of public job depends on the meeting by the worker, in addition to others that the law provides for the following requirements: a) Portuguese nationality, when not excused by the Constitution, International Convention or law; b) full eighteen years of age; c) inhibition of the exercise of public functions or not to ban the exercise of those aims; d) physical Robustness and psychological profile, essential to the exercise of its functions; and) compliance with laws of mandatory vaccination.

Section II article 9 13 1 Modes Modes. The legal relationship of public employment is constituted by appointment or employment contract in public functions, hereinafter referred to as agreement. 2. The appointment is the unilateral act of public employer whose effectiveness depends on the acceptance of the named. 3. the contract is a bilateral Act between a public employer, with or without legal personality, acting on behalf and in representation of the State, and a special, which is a subordinate work relationship of an administrative nature. 4. The legal relationship of public employment is constituted by tour case: a) of ungraded posts inserted into careers, notably the leaders; b) the frequency of specific training or the acquisition of certain academic degree or professional title right before the trial period with beginning the appointment or the contract, in both cases by the person who is subject to a legal relationship of public employment indefinitely lodged previously.

Section III article 10 Appointment Framework 1. Are named workers who compete on the basis of their integration into appropriate careers for this purpose, the fulfillment or performance of duties, responsibilities and activities related to: generic and specific Missions) 's armed forces on permanent frames; b) external representation; c) security information; d) criminal investigation; 14 e) public safety, either in free amid institutional means; f) inspection. 2. Without prejudice to the provisions of the Constitution of the Portuguese Republic and in special laws, are appointed judges of any jurisdiction and the prosecutors.

Article 11 arrangements for appointment 1. The appointment is the modalities of appointment and transient naming. 2. The final appointment is made for an indefinite period, without prejudice to the trial period provided for and regulated in the following article. 3. The appointment shall be made for transitional time determined or determinable.

Article 12 trial period of definitive appointment 1. The definitive appointment of a worker for any career category starts with the course of a trial designed to prove if the worker has the skills required by the job that will occupy. 2. In the absence of a special law to the contrary, the trial period lasts for one year. 3. During the trial period, the employee is accompanied by a jury especially set up for that purpose, to which it is up to your final assessment. 4. The final assessment takes into account the elements that the jury has collapsed, the report that the worker must present and the results of training courses attended. 5. The final evaluation results on a scale of 0 to 20 values, considering successfully completed the trial period when the worker has obtained an assessment of not less than 14 or 12 values, depending on whether it is or not, respectively, of career or category 3 level of functional complexity. 6. Successfully completed the trial period, your term is formally marked by an act of the competent authority for the appointment. 15 7. The time elapsed in the service trial period that has successfully completed is counted, for all legal purposes, in career and category concerned. 8. Complete without success the trial period, the appointment is made to cease and the employee returns to legal and functional situation that was before her, When constituted and consolidated indefinitely, or cease the legal relationship of public job otherwise, in any case without compensation. 9. By an act of the competent authority, in particular reasoned heard the jury, the trial period and the appointment can be made to cease in advance when the worker clearly reveal does not have the skills required by the job he holds. 10. The time elapsed in the service has completed trial period without success is counted, where applicable, in the career category to which the worker and returns. 11. The rules laid down in the General Law on tendering for the purposes of recruitment of workers shall apply, mutatis mutandis, to the establishment, composition, functioning and competence of the jury as well as the approval and administrative challenge of the results of the final evaluation.

Article 13 transitional appointment Regime 1. The assumptions of the appointment to the trial period and transitional to its duration and renewal are applicable, mutatis mutandis, the provisions of the Regime of employment contract in Public Functions (RCTFP) concerning the contract the term resolutivo. 2. The area of recruitment of temporary appointment is made up by workers who have not or do not wish to preserve the quality of subjects of legal relations of public employment constituted for an indefinite period, as well as by those who are special mobility.

16 article 14 1 of the Nomination Form. The nomination is of the form of order and can consist of mere declaration of agreement with proposed or prior information that, in this case, is an integral part of the Act. 2. The order of appointment is set out in the reference to the legal provisions and the existence of enabling appropriate budgetary place.

Article 15 acceptance of appointment 1. Acceptance is the public and personal act by which the named declares to accept the appointment. 2. Acceptance is known by the term, approved by order of the Member of Government responsible for public administration. 3. In the Act of acceptance the worker pays the following commitment of Honor: "I, the undersigned, do solemnly affirm on my honour that I will fulfil with loyalty the functions that are assigned to me."

Article 16 Jurisdiction 1. The competent authority for the appointment is also the signature of the end-user license agreement. 2. the jurisdiction provided for in the preceding paragraph may, at the request of the agency or service, even if by the employee, be exercised by civil Governor or, abroad, diplomatic or consular authority.

Article 17 deadline for acceptance 1. Without prejudice to the provisions of special laws, the deadline for acceptance is twenty days measured continuously the date of publication of the notice of appointment. 17 2. In duly justified cases, in particular sickness and holidays, the period referred to in the preceding paragraph may be extended for periods determined by the competent authority for the relevant subscription term. 3. In case of absence for maternity, paternity or adoption of fouls by accident in service and military service, the period referred to in paragraph 1 is automatically extended to the expiration of such situations.

Article 18 effects of acceptance 1. Acceptance determines the beginning of functions for all legal purposes, including the perception of pay and service time count. 2. in the cases of absence for maternity, paternity or adoption and fouls by accident, the perception of compensation arising from definitive appointment retroactive to the date of publication of the respective Act. 3. In the cases referred to in paragraph 3 of the preceding article, the time of service due to permanent appointment retroactive to the date of publication of the respective Act.

Article 19 lack of acceptance 1. The signature of the end-user license agreement may not, on pain of disciplinary and financial liability, refuse to do so. 2. Without prejudice to the provisions of special laws, the lack of acceptance of the named automatic revocation matter act without naming that can be repeated in the procedure in which it was practised.

Section IV Contract 18 article 20 Scope are hired workers who should not be named and whose legal relationship of public job shouldn't be of service.

Article 21 1 contract modes. The contract is the contract modalities for an indefinite period and fixed term contract resolutivo, right or uncertain. 2. The time elapsed in the service has completed trial period without success is counted, where applicable, in the career category to which the worker and returns.

Article 22 recruitment Area of the fixed term contract resolutivo recruitment area resolutivo forward contract is constituted by workers who have not or do not wish to preserve the quality of subjects of legal relations of public employment constituted for an indefinite period, as well as by those who are special mobility.

Section V Commission article 23 duration and renewal 1. In the absence of a special law to the contrary, the service lasts for three years, renewable for equal periods. 2. The time elapsed in service service is counted, where applicable, in the career category to which the worker and returns.

19 article 24 Possession 1. Without prejudice to the provisions of special laws, the acceptance of positions in service is the form of possession. 2. Possession is a personal and solemn public Act, by which the employee expresses the will to accept the exercise of Office. 3. Applies to the Commission and to the possession, with the necessary adaptations, the provisions of article 14, paragraphs 2 and 3 of article 15, articles 16 and 17, paragraph 1 of article 18 and article 19 Chapter II Guarantees of impartiality article 25 1 Modes. The existence of incompatibilities and impediments contributes to ensure impartiality in the exercise of public functions. 2. Without prejudice to the provisions of the Constitution of the Portuguese Republic, in articles 44 to 51 of the Code of administrative procedure and in special laws, the incompatibilities and impediments to which they are subject workers, regardless of the mode of formation of the legal relationship of public employment under which exercise functions, are those laid down in this chapter.

Article 26 incompatibility with other public functions are functions normally carried out in exclusivity.

20 article 27 Accumulation with other public functions 1. The Office can be accumulated with other public functions when they are not paid and there's the manifest public interest accumulation. 2. Being paid and manifest public interest in the accumulation, the exercise of functions can only be accumulated with other public functions in the following cases: a) Inerências; b) representation activities of organs or services or ministries; c) Participation in committees or working groups; d) Participation in advisory boards and supervisory boards or other collegiate bodies, in this case for oversight or control of public funds; e) occasional and temporary activities that may be considered a complement of the function; f) teaching or Research Activities of duration does not exceed the fixed order of the members of the Government responsible for finance, public administration and education or higher education and that does not overlap by more than a third of the time the main function; g) conferences, lectures, short-term training and other activities of a similar nature.

Article 28 Accumulation with private functions 1. Without prejudice to the following paragraphs, the exercise of functions can be accumulated with the private functions or activities. 2. The title paid or unpaid, or subordinate, self-employed work cannot be accumulated by the employee or by an intermediary, functions or private competitors or similar activities with public functions performed and these are conflicting. 21 3. Are, inter alia, covered by the preceding paragraph the functions or activities which, having identical content to the public functions performed, are developed on an ongoing basis or usual and go to the same circle of recipients. 4. The title paid or unpaid, in autonomous or subordinate work scheme, cannot yet be cumulated, by the worker or by an intermediary, functions or private activities:) are legally considered to be incompatible with the public functions; b) Are developed on schedule overlapped, albeit partially, to public functions; c) Compromise the exemption and impartiality required for the performance of public functions; d) Cause any prejudice to the public interest or to the legally protected rights and interests of citizens.

Article 29 authorization for accumulation of functions 1. The accumulation of functions laid down in articles 27 and 28 depends on permission from the competent authority. 2. The request to submit for that purpose there shall be a statement: a) the exercise of the function or activity to accumulate; (b)) of the time when she must exercise; (c)) The remuneration, if it is the case; d) autonomous or subordinate nature of the work to be carried out and their content; e) of the reasons why the applicant believes that the cumulation, as appropriate, is public interest or not manifest incurs in provided for in (a)) and d) of paragraph 4 of the preceding article; f) of the reasons why the applicant believes there is no conflict with the functions performed, particularly by the role to collect do not coat the characteristics referred to in paragraphs 2 and 3 and in point (c)) of paragraph 4 of the preceding article; g) commitment to immediate cessation of the function or activity accumulated in the event of a supervening of conflict. 22 3. It is the responsibility of the Office-holders, under penalty of termination of the service, in accordance with its Statute, to verify the existence of situations of accumulation of unauthorized functions, as well as overseeing, in General, the strict observance of the guarantees of impartiality in the performance of public functions.

Article 30 interest in procedure 1. Workers cannot provide to third parties, for themselves or through an intermediary, in autonomous or subordinate work scheme, services within the framework of the study, preparation or financing of projects, applications or requirements which have to be submitted for its assessment or decision or organs or organic units placed under his direct influence. 2. workers may not benefit, and unduly personal, acts or take part in contracts whose formation process involved organs or organic units placed under his direct influence. 3. For the purposes of the preceding paragraphs, shall be deemed to be placed under the direct influence of the worker the organs or organic units: a) are subject to his power steering, supervision or guardianship; b) Exercising powers for him by delegation or subdelegation; (c)) have been established by him, or in respect of which the holder has intervened as a public employer, for the specific purpose of intervening in the proceedings concerned; (d)) to be integrated, in whole or in part, by employees designated by time determined or determinable; and) Whose holder or integrated in them have workers, less than a year, been benefited by any remuneration or benefit obtained entry relating to evaluation of their performance, in whose proceedings he has intervened; f) with him to collaborate, in hierarchical parity situation, within the same agency or service or organic unit. 4. Is equated to the worker's interest, defined in accordance with paragraphs 1 and 2, 23): your spouse, not separate terms, of its ascending and descending in any degree, to the side of 2 degree and that living with him under the conditions laid down in Article 2020.º of the Civil Code; (b)) of the society in whose capital holds, directly or indirectly, by himself or together with the persons referred to in the preceding paragraph, a contribution of not less than 10%. 5. The violation of the obligations referred to in paragraphs 1 and 2 produces the disciplinary consequences provided for in its Statute. 6. For the purposes of the administrative procedure Code, the workers should report to their superiors before decisions, carried out the acts or concluded contracts as referred to in paragraphs 1 and 2, the existence of the situations referred to in paragraph 4. 7. Shall apply, mutatis mutandis, the provisions of article 51 of the code of administrative procedure.

Chapter III termination of the legal relationship of public job article 31 General provisions 1. When provided for in law, and in accordance with her established, not incidental, meeting any of the requirements referred to in article 8 does cease or modify the legal relationship of public employment. 2. In any case, in the absence of a special law to the contrary, the legal relationship of public employment ceases when the worker complete 70 years of age.

Article 32 termination of appointment 1. The definitive appointment ceases by: a) Conclusion without successful trial period, pursuant to paragraphs 8, 9 and 10 of article 12; b) Exoneration at the request of the employee; 24 c) mutual agreement between the employer and the employee, subject to fair compensation; d) application of disciplinary penalty expulsiva; and worker's death); f) Off of the service for the purposes of retirement. 2. The exemption referred to in point (b)) of the preceding paragraph shall take effect on the thirtieth day after the date on which the corresponding request, except when the employer and the employee agree differently. 3. The cause of termination referred to in point (c)) of paragraph 1 is regulated by Ordinance of the Government officials responsible for finance and Public Administration and generates the incapacity of the employee for a period of ten years, constitute a binding relationship, by way of public employment or other organs and services to which this law applies. 4. Termination of the interim appointment shall apply, mutatis mutandis, the provisions of RCTFP concerning the contract the term resolutivo.

Article 33 termination of employment 1. Completed without success the trial period, the contract is made and the employee returns to the legal situation that was functional before him, when constituted and consolidated indefinitely, or cease the legal relationship of public job otherwise. 2. The contract may cease the causes provided for in RCTFP. 3. When the indefinite contract should cease by collective redundancy or dismissal for the termination of the job, the identification of workers for which such termination should take effect operates by application of the procedures provided for by law in case of reorganization of services. 4. Identified workers whose contract should cease apply the other procedures provided for in RCTFP. 5. Confirming the need for termination of employment, the employee is notified, in 10 working days, inform if you want to be placed in special mobility situation for a period of one year. 25 6. Not wishing, and not having been revocation arrangement pursuant to RCTFP, is the Act of termination of employment. 7. Being placed in a situation of special mobility and restarting indefinite functions in any organ or service to which this law is applicable, the procedures for termination of contract are archived without having practiced the corresponding Act. 8. Not taking place the resumption of duties in accordance with the provisions of the preceding paragraph, during the period of placement of the unemployed special mobility, is the Act of termination of employment. 9. The provisions of paragraphs 5 to 8 shall apply, mutatis mutandis, to the termination of the contract for an indefinite period: (a) Expiry by supervening impossibility), absolute and definitive of the public employer to receive the work; or b) dismissal for inability.

Article 34 termination of service 1. In the absence of a special law to the contrary, the service ceases at any time, at the initiative of the employer or the employee. 2. Terminated the service, the employee returns to legal and functional situation that was before her, when constituted and consolidated indefinitely, or cease the legal relationship of public job otherwise, in any case, entitled to compensation when provided for in law.

Chapter IV service contracts article 35 Scope 1. The organs and services to which this law applies may enter into contracts for the provision of services, in terms of job contracts and service agreements, as referred to in this chapter. 26 2. The conclusion of contracts and retainer can only take place when, cumulatively: a) in the case of executing work not subject, for which proves inconvenient any mode of legal relationship of public employment; b) work to be done, as a rule, by a legal person; c) is subject to the legal regime of acquisition of services; d) the contractor proves to have adjusted its tax and Social Security. 3. the work not subject what, being provided with autonomy, is not subject to discipline and to the hierarchy of the agency or contractor or service enforces compliance with working hours. 4. in exceptional cases, when it proves to be impossible or inconvenient, in this case, observe the provisions of paragraph b) of paragraph 2, the Member of Government responsible for the area of finance can authorize the conclusion of contracts and to deal with individuals. 5. the contract of task subject the execution of specific jobs, exceptional in nature, and may not exceed the term of the contractual period initially established. 6. the contract of retainer subject successive instalments in the exercise of profession, with some consideration, which may be done monthly cease at any time, by either party, even when concluded with tacit renewal clause, with 60 days ' notice and without obligation to compensate.

Article 36 the scope of 1. Without prejudice to the full production of its effects during the time in which they have been running, the contracts of provision of services concluded with violation of the requirements provided for in paragraphs 2 and 4 of the preceding article are void. 2. The violations referred to in the preceding paragraph does incur your civil responsibility, financial responsibility and discipline. 27 3. By way of precaution, the organic units responsible for the processing and payment of remunerations Captivate automatically, from the month following the month in which the administrative procedure has been instituted or a court, in order to ascertain the nullity of the contract or increase the financial responsibility, respectively, half the base remuneration indicted responsible, to the extent of the amount that has been spent under the hiring. 4. After the procedure, the amounts committed are delivered to the coffers of the State, in legal terms, or are returned, with the corresponding legal interest, as the case may be. 5. For the purposes of paragraph 3 the competent authority by the procedure statement informs their introduction organic units there referred to.

Chapter V methods of Publicity linking article 37 1 Publication. Are published in the second series of the Diário da República, extract: the final naming acts), as well as those which determine, in relation to employees appointed permanent organ or service changes and or category; b) indefinite contracts and the acts which determine, in relation to the contract workers, permanent organ or service changes and or category; c) service commissions; d) acts of cessation of modes of public employment legal relationship referred to in above. 2. Extracts of the acts and contracts exist in the career category and position of having appointed or hired.

28 article 38 other forms of advertising 1. Are posted on the agency or service and entered into electronic page, extract: a) transient naming acts and their renewals; b) The fixed-term contracts resolutivo, right or uncertain, and their renewals; c) contracts for the provision of services and the respective renewals; d) of separations of linking referred to in above. 2. Extracts of the acts and contracts exist in the career category and remuneration of appointed or contracted position, or, where applicable, the function to perform and their remuneration, as well as the relevant deadline. 3. Extracts of the service contracts reportedly still refer to the granting of the visa or the issuance of the Declaration of conformity or, where applicable, to its dispensability.

TITLE IV career Regime Chapter I scope article 39 1 scope. Without prejudice to the provisions of the following paragraph and in article 58, this title shall apply to the legal relations of public employment constituted for an indefinite period. 2. transitional appointments and fixed-term contracts resolutivo, right or uncertain, shall apply, mutatis mutandis, articles 50 and 51, paragraphs 2, 3 and 4 of article 53, 54 and 55 articles and paragraph 1 of article 57 Chapter II section I Organization of 29 Careers Careers article 40 career workers appointed integration definitely and hired for an indefinite period shall carry out their functions integrated into careers.

Article 41 General and special Careers 1. Are general careers whose functional content feature jobs that most organs or services needs for the development of their activities. 2. Are special careers whose functional content feature jobs that only one or a few organs or lack services for the development of their activities. 3. Special careers can be created Only when, cumulatively: a) The respective functional content cannot be absorbed by the functional content of General careers; b) employees should find most demanding functional duties subject to that planned for the General careers; c) for integration into such careers, and in any of the categories in which unfold, is required, as a rule, the specific training course approval of not less than six months duration or the acquisition of certain academic degree or professional title right. 4. approval and acquisition referred to in point (c)) of the preceding paragraph may take place during the trial period with beginning the appointment or contract.

30 article 42 unicategoriais Careers and pluricategoriais 1. Regardless of your General or special qualification, the careers are unicategoriais or pluricategoriais. 2. Are unicategoriais the careers to which corresponds a single category. 3. pluricategoriais Are the careers that unfold in more than one category. 4. pluricategoriais careers can be created Only when each of the categories from career corresponds to a functional content distinct from the other. 5. The functional content of the upper categories integrates always of inferior to him.

Article 43 functional Content 1. Every career, or each category in which they unfold, a functional content legally described. 2. The functional content of each career or category should be described comprehensively, dispensing pormenorizações relating to tasks in it covered. 3. The description of the functional content cannot, under any circumstances, and without prejudice to the provisions of paragraph 3 of article 271.º of the Constitution, constitute grounds for non-compliance with the duty of obedience and is without prejudice to the attribution to the worker, not expressly mentioned, related to him or functionally linked.

Article 44 Degrees of functional complexity 1. Depending on the ownership of the habilitacional level usually required for integration in every career, these are classified in three degrees of functional complexity, as follows: a) 1 grade, when it requires the ownership of compulsory education, even if increased by appropriate vocational training; 31 (b)) Of degree 2, when it requires the ownership of 12 grade level or course to be equated; c) 3 grade, when it requires the ownership of degree or higher academic degree. 2. The diploma that create the career references to the respective degree of functional complexity. 3. pluricategoriais careers can present more than a degree of functional complexity, each of which referenced the categories, when integrating these depend, as a rule, the ownership of different educational achievement levels.

Article 45 1 compensation Positions. Each category of a variable number of compensation positions. 2. The category of career unicategorial matches a minimum of eight positions, their fees. 3. In pluricategoriais, the number of positions in each category compensation in compliance with the following rules: a) to the lower category corresponds to a minimum number of eight positions, their fees; (b)) to each of the categories successively higher proportionally decreasing number matches a remuneration positions so that: (i)) and career unfolded in two categories, four the minimum number of positions of higher category remuneration; II) being the career unfolded in three categories, is of five and two the minimum number of positions successively higher category remuneration; III) being the career unfolded in four categories, six, four and two the minimum number of positions successively higher category remuneration.

Amendment 32 article 46 pay placement: gestionária option 1. Taking into account the budgetary funds intended to support the type of charges provided for in subparagraph (b)) of paragraph 1 of article 7, the maximum leader of the agency or service decides, pursuant to paragraphs 3 and 4 of the same article, if, and to what extent, this proposes to bear burden of remuneration positioning changes in category of workers of the agency or service. 2. The decision referred to in paragraph 1, inform the fixed maximum amount, with the necessary breakdowns of charges that the organ or proposed service support, as well as the world of careers and categories where pay positioning changes in category can take place. 3. The universe referred to in the preceding paragraph may also be unpinned when they so understand the maximum leader, as a result of: a) the attribution, competence or activity which workers integrated into particular careers or holders of certain category must fulfill or perform; b) Of academic training or professional area of workers integrated into a particular career or holders of particular category, when such training area has been used in the characterization of the jobs contained in personal maps. 4. For the purposes of the preceding paragraphs, the changes may not take place in all careers, or in all categories of the same career or for all workers in a particular career or holders of a certain category. 5. The decision shall be made public by posting in the body or service and insertion into electronic page.

Article 47 amendment of remuneration: positioning rule 1. Meet the universes are defined in accordance with article former employees of the agency or service, wherever they are in Office, which, in the absence of a special law to the contrary, have obtained in recent evaluations of their performance referred to at 33 duties during the placement in remuneration: the Two entries maximum, consecutive); b) three Honorable immediately below the maxims, in succession; or c) immediately below mentions Five referred to in subparagraph (a) above, provided they are constitutive positive performance, consecutive. 2. Certain workers who satisfy each of the universes, are sorted, within each universe, in descending order of quantity classification obtained in the latest assessment of its performance. 3. In the face of the Ordinance referred to in the preceding paragraph the maximum amount of charges set by each universe, pursuant to paragraphs 2 and 3 of the previous article, is distributed in the order mentioned, so that each worker change its positioning in the category for the remuneration position immediately following that in which it is. 4. There are no positioning change remuneration where, despite meeting the requirements set out in paragraph 1, the maximum amount of fixed charges for the universe in question has, predictably, exhausted with the amendment the worker paycheck superiorly. 5. for the purposes of subparagraphs (a) (b)) and c) of paragraph 1 are also considered the information obtained that are superior to them. 6. There is mandatory to change the position immediately following remuneration to that in which the worker is, when there is, regardless of the universes are defined in accordance with the previous article, when that, in the absence of a special law to the contrary, has amassed ten points in the evaluations of their performance referred to the functions exercised during placement remuneration as is counted in the following terms: a) Three points for each mention; b) Two points for each mention immediately below; c) one point for each immediately below mention referred to in (a), since achieving positive performance; d) A negative point for each indication corresponding to the lowest level of evaluation. 7. In the absence of a special law to the contrary, the change in remuneration reports positioning the 1 January of the year in which it takes place. 34 article 48 alteration of remuneration positioning: exception 1. Still not meeting the requirements set out in paragraph 1 of the preceding article, the maximum leader of the agency or service, heard the assessment Coordinating Council and within the limits set by the decision referred to in paragraphs 2and 3 of article 46, can change, to remuneration position immediately following that in which it is, the remuneration of employee placement in whose last performance evaluation has obtained the maximum or the citation immediately below. 2. Similarly, within the limits set by the decision referred to in paragraphs 2 and 3 of article 46, the maximum leader of the agency or service, heard the Coordinating Council of the evaluation, it can determine that the change of placement in the category of worker referred to in paragraph 3 of the preceding article if operate to any other remuneration position following that as is. 3. The provisions of the preceding paragraph has as limit the maximum remuneration position to which it has changed its positioning employees who, within the same universe, they are ordered superiorly. 4. amendments of the remuneration provided for in this article positioning are particularly justified and made public, with the full content of the reasons therefor and of the opinion of the Coordinating Council of the evaluation, for publication in space of the 2nd series of the Diário da República, by posting on the organ or service and by insertion into electronic page. 5. The provisions of paragraph 7 of the previous article.

Section II General Careers article 49 enumeration and characterization 1. Are general careers: a) diploma; b) Assistant coach; 35 c) operating Assistant. 2. The characterization of General careers on the basis of the number and description of categories in which unfold, the functional content of degrees of complexity and the number of functional compensation positions in each category shall be as set out in the annex to this law, which is an integral part. 3. The forecast, maps, jobs that should be filled by career technical coordinators of assistant coach depends on the existence of flexible organic units with the level of the Chamber or of the need to coordinate at least 10 technical assistants in their sector of activity. 4. The weather forecast, maps, jobs that have to be occupied by General career operating tenders Wizard depends on the operational need to coordinate at least three in charge of operating its sector of activity. 5. The weather forecast, maps, jobs that have to be occupied by people in charge of operating operating Assistant career depends on the need to coordinate at least ten operational assistants of their sector of activity.

Chapter III Recruiting article 50 1 of tendering Procedure. Decided by the Manager of the public employer pursuant to paragraph 2 of article 6 and article b) of paragraph 1 and paragraphs 3 and 4 of article 7, to promote the recruitment of workers necessary for the occupation of all or of some jobs, and not busy, on maps of approved personnel, is advertised its tendering , in particular through publication in the second series of the Diário da República. 2. The tendering procedure referred to in the preceding paragraph notes the injunctions arising from the provisions of paragraphs 3 to 7 of article 6 3. The tendering procedure is opened with clarity, the reference to the number of jobs to occupy and its characterization as a function of the 36 assignment, competence or activities to fulfill or perform, career, category, and, when essential, academic or professional training area to which they correspond. 4. For the purposes of the preceding paragraph, the publicity of the procedure references: a) to the academic training when, in the cases of paragraph (c)) of paragraph 1 of article 44, there is more than one at the same level habilitacional; b) vocational training area when, in the cases of (a)) and b) of paragraph 1 of article 44, the integration into career doesn't depend on, or not exclusively, dependent on qualifications.

Article 51 1 habilitacional level requirement. As a rule, can only be a candidate for the procedure who is holder of habilitacional level and, where appropriate, the training area, corresponding to the degree of complexity and functional caracterizadoras jobs category for whose occupation the procedure is advertised. 2. The publicity of the procedure can, however, provide for the possibility of candidacy who, not being holder of license required, consider having the training and professional experience or necessary and sufficient for the replacement of that license. 3. The replacement of license under referred to in the preceding paragraph is not permissible when, for the exercise of a particular profession or position, involved in the characterization of the jobs concerned, special law requires title or the completion of certain conditions. 4. The jury, preliminarily, analyzes the formation and, or, the professional experience and decides on the admission of the candidate to the tendering procedure. 5. In case of admission, deliberation, accompanied by the full content of your justification, shall be notified to the other candidates.

Article 52 37 Other recruiting requirements 1. In the case of unicategoriais or lower category Careers Careers pluricategoriais, may apply for the procedure: the integrated in the same career Workers), to comply with or perform different assignment, competence or activity, of the agency or service in question; b) integrated in the same career Workers, to comply with or perform any role, competence or activity of another agency or service or that they have special mobility; c) Workers integrated into other careers; d) where applicable, workers who perform their jobs in service or that are subject to other legal relations of public employment by time determined or determinable and individuals without legal relationship of public job previously established. 2. In the absence of a special law to the contrary, in the case of categories of careers pluricategoriais, may apply for the procedure, in addition to the items listed in the preceding paragraph, integrated in the same career workers, in different categories, of the agency or service in question, which are to be complied with or to perform identical attribution, competence or activity.

Article 53 1 selection methods. Without prejudice to the following paragraphs, the selection methods to be used obligatorily in recruitment are the following: a) evidence of knowledge, written or oral, and, or, theoretical or practical skills to assess whether, and to what extent, the candidates have the knowledge and skills required or the exercise of the function; and b) evaluation Psychology to assess whether and to what extent the candidates have the skills required for the performance of the remaining function. 2. When requested by applicants who, cumulatively, are holders of category and or, in the case of candidates placed in special mobility situation, have finally found, to comply with or perform the assignment 38, competence or caracterizadoras activity of workstations for whose occupation the procedure was advertised, the selection methods to be used in recruitment are as follows : the curricular Review especially about incident) functions that have played in the category and in the performance or execution of the assignment, competence or activity in question and the level of performance achieved in them; b) required skills assessment interview to exercise the function. 3. Can also be adopted, optionally, other methods of selection legally provided for. 4. In exceptional cases, duly justified cases, in particular where the predictable number of candidates is so high that the use selection methods referred to in the above paragraphs becomes impracticable, the public employer can be limited to the use, in any recruitment, referred to in (a)) of paragraphs 1 or 2.

Article 54 Processing of bankruptcy procedure 1. The tendering procedure is simplified and urgent, according to the following principles: a) the jury of the procedure is composed of employees of the public employer of another agency or service and, when the training area required reveal your convenience, of private entities; b) no acts or the final ordering of the preparatory lists candidates; c) ordination candidates ' final is unitary, even if they have been applied to different selection methods; d) recruitment is by descending order of the final ordering of the candidates placed in situation of mobility and exhausted these, of the remaining candidates. 2. The conduct of the tendering procedure, including the intended to constitute reservations in each recruitment agency or service or in centralised entity is regulated by order of the Member of Government responsible for public administration. 39 article 55 determination of remuneration positioning 1. When the workplace is concerned for which the mode of legal relationship of public job is the contract, the positioning of the worker recruited one of the positions of compensation category is subject to negotiation with the employer and takes place: a) immediately after the end of the tendering procedure; or b) when approval in specific training or the acquisition of certain academic degree or professional title right, pursuant to c) of paragraph 3 of article 41, which are carried out before the conclusion of the contract. 2. For the purposes of point (d)) of paragraph 1 of the preceding article, the negotiation with the candidates placed in special mobility situation before that takes place with the remaining candidates. 3. Without prejudice to informal contacts that can and should take place, the negotiation between the employer and each of the candidates, in the order appearing in the final sorting, shall be in writing. 4. In exceptional cases, duly justified cases, in particular where the number of candidates is so high that the negotiation becomes impracticable, the public employer can take the initiative to the fleshing out a proposal for accession to a particular positioning remuneration sent to all candidates. 5. Any agreement reached or the proposal for accession are subject to state reasons written by the public employer. 6. In each of the universes of candidates referred to in point (d)) of paragraph 1 of the preceding article, as well as regarding the ordering of all the candidates, the absence of agreement with a particular candidate determines the negotiation with what if you follow on ordination, to which, if any, can be proposed remuneration exceeds the maximum positioning that has been proposed to and not accepted by any of the candidates that the antecedam that ordering. 7. After its closure, the documentation regarding negotiating processes concerned is public and free access. 40 8. When the workplace is concerned for which the mode of legal relationship of public job is the appointment, special law can make you apply the preceding paragraphs. 9. Not using the option provided for in the preceding paragraph, the worker recruited positioning takes place in (one of) the remuneration of the positions that have been advertised category together with the items referred to in paragraph 3 of article 50 article 56 Course of advanced studies in public administration 1. In compliance with the conditions referred to in paragraph 1 of article 50 for permanent nature activities, the maximum leader of the public employer may opt, as an alternative to advertising of tendering him laid down, by the use of graduates by Course of advanced studies in public administration (CEAGP). 2. For the purposes of the preceding paragraph, the employer refers to the National Institute of public administration (INA) lists the number of jobs to occupy and their characterisation pursuant to paragraphs 3 and 4 of article 50 3. Characterization of jobs whose number on the list takes into account that the graduates with the CEAGP can only be integrated into the General career diploma and to compliance with or enforcement of duties, responsibilities or activities that the respective rules identify. 4. The consignment from the list to the INA compromises the public employer, after the CEAGP, integrate the corresponding number of graduates. 5. The recruitment for CEAGP frequency notes injunctions arising from the provisions of paragraphs 4 to 7 of article 6 6. Integration into general career diploma is in first position or remuneration that whose remuneration level is identical or, failing that, immediately above the corresponding remuneration level to the candidate's placement in the category of origin, when her holding in the framework of a legal relationship of public job constituted for an indefinite period. 41 7. The CEAGP can also arise in other higher education institutions under the conditions laid down in Ordinance of the Government officials responsible for Public Administration and higher education, being, in this case, the Directorate-General of Public Administration and employment the competent entity for the management of the entire procedure. 8. The CEAGP is regulated by order of the Member of Government responsible for public administration.

Article 57 vocational training 1. Not special career for whose integration has been required to sign off on specific training course, the duty of the employee recruited takes place with a training period in room and in-Office, whose duration and content depend on the prior legal situation-the worker's functional. 2. Workers have the right and duty to attend every year, training and further training in the activity in carrying out functions.

Chapter IV General Mobility transfer of public interest article 58 1. There is place the conclusion of agreement on transfer of public interest when an employee of the entity scope of purpose of this law should serve, albeit part-time, in body or service to which this law applies and, conversely, when an agency or service should serve, even though in the same scheme in entity excluded from that scope. 2. The agreement requires the written agreement of the agency or service, of the Government concerned and responsible for finance and Public Administration, of the entity and the worker and implies, in the absence of any provisions to the contrary, the suspension of this status. 42 3. The public interest subject a worker to the orders and instructions of the agency or entity or service where going to functions, being remunerated for these regulatory provisions applicable with respect to the exercise of those functions. 4. The exercise of disciplinary power it is up to the receiving entity, except when is concerned the application of disciplinary penalties expulsivas. 5. worker behaviors have relevance within the given legal relationship of employment to origin, and the disciplinary procedure which established disciplinary offences respecting the disciplinary status of origin. 6. The transferred worker is entitled: a) the count, in the category of origin, time of service concession arrangements; b) to opt for maintaining the social protection regime of origin, focusing the discounts on the amount of remuneration that it would compete in the category of origin; (c)) to occupy, in legal terms, different workstation at agency or service, or in transmitting agency or another agency or service. 7. In the case referred to in point (c)) of the preceding paragraph, the public interest-providing agreement expires with the occupation of the new workplace. 8. The agreement may be made, at any time, at the initiative of any of the parties who have intervened. 9. There can be no place for the period of one year, the public interest for the same body or service or for the same entity of worker who has found ceded and has returned to the legal situation of functional origin. 10. In the case referred to in the first part of paragraph 1, the exercise of functions in the body or service is created through the proper mode of formation of the legal relationship of public employment. 11. The functions the exercise in body or service corresponds to a job or a career, category, activity and, when essential, academic or professional training area. 12. When the functions match a cargo Chairman, the public interest provision is preceded by the observance of legal requirements and procedures for recruitment. 13. The public interest-providing for the exercise of functions in organ or service to which this law applies has the maximum duration of one year, except when 43 has been concluded for the exercise of an Office or agency or service is concerned, in particular, that can't be legal relations of public employment indefinitely , where its duration is undetermined. 14. In the case referred to in point (b)) of paragraph 6, the agency or service or the entity they: a) on the financing of the social protection regime applicable in particular to the importance which is legally established for the contribution of employers; b) where applicable, the costs of administering the civil service health subsystems, in legal terms apply. 15. When an employee of agency or service should serve in trade union or employers ' Confederation, or in private party with equal representation in the economic and social sectors, the agreement may provide that continue to be remunerated, as well as the corresponding contributions provided, by agency or service. 16. In the case referred to in the preceding paragraph, the maximum number of workers assigned is four for each Trade Union and two for each of the other entities.

Article 59 internal organs or Mobility Services 1. When there is convenience for the public interest, in particular when the economy, effectiveness and efficiency of the services or impose, workers can be subject to internal mobility. 2. The mobility referred to in the preceding paragraph is always stating the full reasons therefor and can operate: a) within the same mode of formation of the legal relationship of public employment indefinitely or between both modes; b) within the same agency or Department or between two bodies or services; c) Covering both workers in activity or if they are placed in a situation of special mobility; d) full-time or part-time, as agreed between the subjects who must give their agreement. 44 article 60 internal mobility modes 1. Internal mobility is the modalities of mobility and mobility inter-carreiras category or categories. 2. Mobility in category operates for the exercise of functions inherent in the category to which the worker is, in the same or in different activity for holding license and training. 3. The inter-carreiras or mobility categories it operates for the exercise of functions not related to the category of the worker's holder and inherent: the) upper or lower category in the same career; or (b)) the career of functional complexity equal, higher or lower than that of career as is integrated or to the category that is holder. 4. inter-carreiras or mobility categories depends on the ownership and appropriate training of the employee and cannot modify substantially its position.

Article 61 1 Agreements. As a rule, the internal mobility depends on the agreement of the worker and of the organs or the source and destination services. 2. Without prejudice to the following paragraphs, is relieved the labor agreement for the purposes of internal mobility, in any of its modalities, when: a) operates for organ, agency or organic unit located in the municipality of your organ, agency or organic unit of origin or of residence; b) the organ, agency or unit of organic origin or residence is located in the municipality of Lisbon or Porto and mobility operates for organ, agency or organic unit located in municipality areas with any of those; c) operates to any other municipality, provided that the following conditions arise, measured on the basis of the use of public transport: 45 i) doesn't involve monthly expenses for journeys between residence and place of work, in both directions, over 8% of net monthly remuneration or, being superiors, not exceeding the monthly expenses for movements between the residence and the organ , service or organic unit of origin; II) time spent in those movements do not exceed 25% of working time or exceeding it, does not exceed the time spent on journeys between the residence and the organ, agency or unit of organic origin. 3. The provisions of paragraph (c)) of the preceding paragraph shall not apply where a worker invoke and verify that internal mobility would prejudice him seriously for your personal life. 4. When the internal mobility operates to lower category in the same career or career of functional complexity lower than the career in which is integrated or to the category that holds, the agreement of the worker can never be excused. 5. When the internal mobility operates for organ or service, in particular, that can't be legal relations of public employment indefinitely and is expected that may have lasting more than one year, the agreement of the worker who is not placed in a situation of special mobility can never be excused. 6. in the context of the services referred to in paragraphs 1 and 2 of article 3, is relieved the source service agreement for the purposes of internal mobility, in any of its modalities, when you operate: the) for service or organic unit located outside of the metropolitan areas of Lisbon and Porto; b) by the employee provided that founded target service, interest recognized by order of the respective Member of the Government.

Remuneration article 62 1. The worker mobility within the category, organ or different service or whose legal situation-source functional be placed in situation of mobility special 46, may be paid remuneration position immediately following that in which is placed in the category or, in case of absence, by the successor to the remuneration level corresponding to its position in the remuneration table only. 2. a worker in inter-carreiras mobility or categories under any circumstances is affected in the remuneration corresponding to the category of it's holder. 3. In the case referred to in the preceding paragraph, the worker's remuneration shall be increased to the nearest higher remuneration level that that corresponds to its position in the category of it's holder which is provided for in the category whose functions will exercise, since the first position having this category corresponds to higher remuneration level to the remuneration level of the first position from that of it's holder. 4. Not checking the hypothesis provided for in the preceding paragraph, can the employee be remunerated pursuant to paragraph 1. 5. Except for different agreement between the organs or services, the worker in internal mobility is remunerated by organ or target service.

Article 63 Duration 1. Internal mobility has the maximum duration of one year, except when organ or service is concerned, in particular, that can't be legal relations of public employment indefinitely, in which case its duration is undetermined. 2. There can be no place for the period of one year, the internal mobility for the same organ, or organic unit service worker who has found in internal mobility and has returned to the legal situation of functional origin.

Article 64 consolidation of mobility in category 1. Mobility in the category that operates within the same agency or service consolidates definitely, by decision of its maximum leader: 47 a) Regardless of the worker's agreement, if it has not been required for your home, or with their consent, in the opposite case, when it has operated in the same activity; b) With the agreement of the worker when it has operated in different activity. 2. The consolidation referred to in the preceding paragraph is not preceded or success of any trial period.

Article 65 assessing the performance and service time in internal mobility to mention obtained in the evaluation of performance, as well as the time of Office in career and category arising from internal mobility of worker refer, instead, to his legal situation and functional origin or corresponding to internal mobility in which they found, as, however, the employee does not come or come , respectively, constitute a legal relationship of public employment indefinitely, without interruption, in the latest legal and functional situation.

Title V chapter I Remuneration remuneration scheme section I components of remuneration article 66 right to remuneration 1. The right to remuneration payable by reason of Office in organ or service to which the This law is applicable is, as a rule, with the acceptance of appointment 48, or assimilated or act, these should not take place, with the beginning of the effective exercise of functions. 2. The preceding paragraph shall not preclude different regime legally foreseen, namely in paragraph 2 of article 18 3. The remuneration, when periodic, is paid monthly. 4. The law provides for the situations and conditions in which the right to compensation is totally or partially suspended. 5. The right to compensation ceases with the cessation of any binding modes, namely legal relations of public employment.

Article 67 Components of remuneration in the absence of a special law to the contrary, remuneration of workers serving under legal relations of public employment is composed by: a) base Pay; b) compensatory Supplements; c) performance Awards.

Section II article 68 base Remuneration remuneration only Table 1. The remuneration table only contains the total of the remuneration levels likely to be used in fixing the basic remuneration of workers serving under legal relations of public employment. 2. In fixing the basic remuneration of the judges of any jurisdiction and the prosecutors are not used the payment levels contained in the table referred to in the preceding paragraph. 3. The number of compensatory levels and the monetary amount corresponding to each shall be joint Ordinance of the Prime Minister and the Member of Government responsible for the area of finance. 49 4. Changing the number of compensatory levels is subject to collective bargaining, in accordance with the law. 5. Changing the monetary amount corresponding to each pay level is subject to collective bargaining, in accordance with law and shall, however, keep the proportionality on between each level.

Article 69 fixing the base remuneration 1. The identification of the payment levels corresponding to the positions of the categories, as well as compensation to positions in service, is performed by implementing decree. 2. The identification of compensatory remuneration levels corresponding to the positions of categories there are, generally, the following rules: a) in the case of pluricategoriais careers, the intervals between those levels are down smaller ones as the corresponding positions become higher; b) remuneration corresponding to any level positions of the various categories of career is superimposed, a single movement growing since the level corresponding to the first position of the lower category until the corresponding to the last position of the superior category; c) Exceptionally, the level corresponding to the last position of a remuneration may be identical to the first position in the category immediately above; d) in the case of unicategoriais careers, the intervals between those levels are constant.

Article 70 1 base compensation Concept. The basic monthly remuneration is the monetary amount corresponding to the remuneration level, as appropriate, of remuneration position where the worker is in the category of it's holder or of the Office exercised in service. 50 2. The base compensation is referenced in the title of a category and the respective remuneration of the worker or placement of a charge carried in service. 3. The annual base remuneration is paid in 14 monthly, corresponding one to the Christmas bonus and holiday allowance, in accordance with the law.

Article 71 1 hourly pay. The value of the normal working time is calculated through the formula Rbx12, Rb52xN being the basic monthly remuneration and N is the number of hours of normal weekly work duration. 2. The formula referred to in the preceding paragraph provides the basis for calculating the remuneration corresponding to any other fraction of the working time.

Article 72 base remuneration option When the legal relationship of public job constitute by service, or there is place the public interest, the worker has the right to choose, at any time, the remuneration due base on legal situation of functional origin that is constituted for an indefinite period.

Section III compensatory Supplements article 73 1 assignment Conditions. Are rates of remuneration increases supplements payable for the exercise of functions in jobs that present conditions more demanding for 51 other jobs characterized by identical or identical career and job category. 2. compensatory supplements are referred to the exercise of functions in the jobs referred to in the first part of the preceding paragraph, being only due to whom the mind. 3. Are due compensatory supplements when workers in jobs determined in accordance with paragraph 1, suffer, in the performance of their duties, the most demanding working conditions: a) abnormally and transient, in particular those arising from provision of overtime, night, weekly rest days, and holidays and outside the normal place of work; or (b)) on a permanent basis, in particular those arising from the provision of work risky, painful or unhealthy, in shifts, in peripheral areas and of secretariat of direction. 4. The compensatory supplements are only payable as last working conditions that determined its role. 5. In the absence of any provisions to the contrary, the compensatory supplements are only payable as there is effective implementation of functions. 6. As a rule, the compensatory supplements are expressed in monetary amounts, only exceptionally and may be fixed as a percentage of the basic monthly remuneration. 7. With observance of the preceding paragraphs, the compensatory supplements are created and regulated by law and, or, in the case of legal relations of public employment by contract, by collective labour agreement.

Section IV Article 74 performance awards assignment preparation 1. Taking into account the budgetary funds intended to support the type of charges provided for in subparagraph (c)) of paragraph 1 and in paragraph 5 of article 7, the maximum leader of the agency or fixed service 52 courts, within fifteen days after the beginning of the implementation of the budget, the universe of positions and careers and categories where the performance awards may take place with the required amount available breakdowns according to such universes. 2. it is applicable to performance awards, with the necessary adaptations, the provisions of paragraphs 3 to 5 of article 46 Article 75 1 assignment conditions. Meet the universes are defined in accordance with the previous article employees who, cumulatively, exercising functions in the body or service and, in the absence of a special law to the contrary, they have obtained in the last assessment of its performance, the maximum or the citation immediately below her. 2. Certain workers who satisfy each of the universes, are sorted, within each universe, in descending order of quantity classification obtained in that assessment. 3. In the face of the Ordinance referred to in the previous paragraph, and after exclusion of workers who, this year, have changed its positioning in the category for which remuneration remuneration are paid base compensation, the maximum amount of charges set by each universe in terms of the previous article, is distributed in the order mentioned, so that each worker receives the equivalent of your monthly base remuneration. 4. There's no place the attribution of performance award when, despite not meeting the requirements set out in paragraph 1, the maximum amount of fixed charges for the universe in question has exhausted with the assignment of the employee premium ordered superiorly. 5. The performance awards are referenced to the worker's performance objectively revealed and evaluated.

53 76 Other reward systems of performance 1. Within the limits provided for in subparagraph (c)) of paragraph 1 and in paragraph 5 of article 7, by law and, or, in the case of legal relations of public employment by contract, by collective labour agreement, can be created and regulated other performance reward systems, in particular in the light of results obtained in team or the performance of workers which are placed in the last position of the respective remuneration category.. 2. The systems referred to in the preceding paragraph may depart from the application of this section.

Chapter II article 77 1 Enumeration Discounts. The remuneration payable for the exercise of functions in organ or service to which this law applies shall cover: a) compulsory deductions; b) voluntary Discounts. 2. Are required discounts that result from legal enforcement. 3. Are optional discounts that, as permitted by law, require the express authorization of the holder of the right to remuneration. 4. In the absence of a special law to the contrary, the discounts are made directly through withholding.

Article 78 compulsory deductions Constituted the legal relationship of public employment, are the following: the compulsory deductions) income tax of individuals; 54 b) Contributions to the social protection regime applicable.

Article 79 1 voluntary Discounts. Constituted the legal relationship of public employment, voluntary discounts are, inter alia, the following: a) insurance premiums personal accident or life insurance, and retirement plans and Add-ons retirement savings; b) Quota. 2. Since requested by employees appointed or on Commission, the Trade Union must be discounted shares in the source. 3. Subsidiarily applicable to discounts referred to in the preceding paragraph, with any necessary adaptations, the provisions of RCTFP.

TITLE VI legal system functional modes of Constitution of the legal relationship of public job Article 80 Appointment 1. The normative sources of the legal system applicable to functional workers who, while subject to a legal relationship of public job different from the service, are subject to the conditions referred to in article 10 are, in this order: a) this Act and the legislation that regulates, in part applicable; b) general laws whose scope of subjective covering all workers, regardless of the mode of formation of the legal relationship of public employment under which they exercise their functions, at the applicable; c) special laws applicable to the corresponding special careers, in matters that, in the light of the provisions of law, to regulate; d) alternative, general laws whose applicability to tackling so subjective designated employees and agents. 55 2. Are, in particular, general laws provided for in subparagraph (b)) of the preceding paragraph the defining: a) the reorganization of services and the placement of people in situation of mobility; b) the status of personnel; c) systems of evaluation of the performance of services, managers and workers; d) disciplinary status. 3. Are, in particular matters governed by special laws provided for in subparagraph (c)) of paragraph 1 the defining: a) the structuring of careers; b) recruitment requirements and the subsequent determination of remuneration positioning; c) compensatory levels of headings in categories of careers; d) compensatory supplements; and Other reward systems) of the performance; f) specific performance evaluation Systems; g) the conditions of employment in matters not regulated in the laws referred to in (a)) and b) of paragraph 1.

Article 81 1 Contract. The normative sources of the legal system applicable to functional workers who, while subject to a legal relationship of public job different from service, find themselves in conditions other than those referred to in article 10 are, in this order: a) this Act and the legislation that regulates, in part applicable; b) general laws whose scope of subjective covering all workers, regardless of the mode of formation of the legal relationship of public employment under which they exercise their functions, at the applicable; c) special laws applicable to the corresponding special careers, in matters that, in the light of the provisions of law, to regulate; 56 d) RCTFP; and the alternative, general laws) whose scope of subjective tackling the then designated employees and agents; f) in the alternative, the provisions of the contract. 2. Are still normative source, in matters that, in the light of the provisions of law, to regulate, the collective agreements which contain or derogate from provisions or schemes contained in the sources referred to in (a)) d) of the preceding paragraph, in particular on: the compensatory Supplements); (b)) Other performance reward systems; c) specific performance evaluation Systems; d) the conditions of employment in matters not regulated in the laws referred to in (a)) and b) of paragraph 1 as expressly may regulate. 3. Shall apply, mutatis mutandis, the provisions of paragraphs 2 and 3 of the preceding article, except with regard to subparagraph (b)) of the latter, which restricted recruiting requirements.

Article 82 service 1. The normative sources of functional legal system applicable to workers whose legal relationship of public employment is made up of service are, in this order: a) this Act and the legislation that regulates, in part applicable; b) general laws whose scope of subjective covering all workers, regardless of the mode of formation of the legal relationship of public employment under which exercise functions, on the applicable; c) special laws applicable to the corresponding service, in matters that, in the light of the provisions of law, to regulate; (d)) in the alternative, those applicable to the legal relationship of public job source, when there is and still exists; and) The referred to in article 80, when there is no or no remaining legal relationship of public employment. 57 2. Shall apply, mutatis mutandis, the provisions of paragraph 2 and in paragraph 1 (b)), part one, and c) to (g)) of paragraph 3 of article 80 TITLE VII transitional and final provisions Article 83 competent jurisdiction the courts of administrative and tax jurisdiction are competent to assess the emerging litigation legal relations of public employment.

Article 84 continued exercise of public functions, the exercise of functions under any mode of formation of the legal relationship of public employment in any of the bodies or services to which this law applies relates to how exercise of public functions or in career, in the category and, or, in the remuneration, as appropriate, when workers, maintaining that exercise of functions definitely change of agency or service.

Article 85 Compensation to category and 1 exercise. The base compensation is part of the category and the remuneration remuneration of Office, equal, respectively, to five sixths and the one-sixth of the base remuneration. 2. The law provides for the situations and conditions in which loses the right to remuneration for the exercise.

58 Article 86 except when his results Prevalence expressly to the contrary, the provisions of this Act prevails over any special laws and collective work regulatory instruments in force at the date of its entry into force.

Article 87 the Approval RCTFP the RCTFP is approved, by legislative act, in order to enter into force simultaneously with the present law.

Article 88 of the Constitution of the mode transition legal relationship of public employment indefinitely 1. The current named workers definitely performing functions under the conditions referred to in article 10 shall remain the definitive appointment. 2. The current contract workers for an indefinite period which exercise functions under the conditions referred to in article 10 shall be carried over, without further formalities, to the final naming mode. 3. The current contract workers indefinitely exercising functions under conditions other than those referred to in article 10 keep the contract for an indefinite period, with the content as a result of this law. 4. Existing employees appointed definitely performing functions under conditions other than those referred to in article 10 keep the cessation of legal relationship of employment and public service reorganization and staffing in special mobility situation of permanent appointment and carried over, without further formalities, for the indefinite contract mode.

Article 89 59 conversion of temporary appointments and service commissions during the trial period 1. Current workers and named in Commission provisionally service during the trial period transiting in the constraints laid down in paragraphs 1 and 4 of the preceding article, as appropriate: a) To the final naming mode, in trial period; (b)) To the contract for an indefinite period in trial period. 2. The trial period is allocated the time elapsed in provisional appointment or service.

Article 90 conversion of extraordinary service committees and commissions on services under the service of installation 1. The current Commission extraordinary service workers to stage in constraints referred to in acts Nos. 1 and 4 of article 88, as appropriate: a) To the final naming mode, in trial period; (b)) To the contract for an indefinite period in trial period. 2. The trial period is allocated the elapsed time in Commission of extraordinary service. 3. The current workers in service, albeit extraordinary, in services in installation scheme carried over to the proper mode of internal mobility.

60 article 91 conversion of administrative contracts of provision 1. Without prejudice to article 108, the current administrative contract workers providing transiting, in accordance with the nature of the functions performed and the foreseeable duration of the contract: a) To the final naming mode, in trial period; b) For naming transitional mode; c) To the contract for an indefinite period in trial period; d) for fixed-term resolutivo mode right or uncertain. 2. The trial period is allocated the time elapsed in administrative contract provision. 3. transit workers pursuant to c) of paragraph 1 shall apply after the trial period, with the necessary adaptations, the provisions of paragraph 5 of article 88 4. For the purposes of the transition referred to in paragraph 1 (b)) and d) of paragraph 1 is considered the initial term of the respective legal relations of public employment to the date of entry into force of this law.

Article 92 conversion of fixed-term contracts resolutivo current resolutivo forward contract workers for the exercise of functions under the conditions referred to in article 10 shall be carried over to the transient naming mode.

Article 93 conversion of substitutions in positions not leaders 1. Workers who currently are in place in position is no leader for the appropriate mode of passing through internal mobility. 2. Without prejudice to the consideration of the length of service previously provided as a replacement under the terms and for the purposes of paragraph 3 of article 23 of Decree-Law No. 61/89 427, 7 December, is considered the initial term of the transition referred to in the preceding paragraph the date of entry into force of this law.

Article 94 Review of service contracts 1. Within six months from the date of entry into force of this law, the organs and services promote the re-examination in the light of the system now approved, all service contracts in force. 2. Apply to the failure to comply with the provisions of the preceding paragraph, mutatis mutandis, the arrangement provided for in article 36 Article 95 transition to General career diploma shall be carried over to the General career senior technician current workers: a) are integrated into the careers of high-level technicien of general regime; b) are integrated into the general scheme of technical careers; c) are integrated into the careers provided for in Decree-Law; d) are integrated into careers with different designation whose functional complexity and functional content are identical to that; and) not integrated into careers, the degree of functional complexity and functional content of functions performing are identical to that.

Article 96 transition to the category of technical coordinator Transiting to the category of technical Coordinator General of career assistant coach current workers: a) Are holders of category of head of section; b) Are holders of the Coordinator of technical and professional careers of general regime; c) Are holders of the categories laid down in Decree-Law; 62 d) Are categories with different designation holders whose functional complexity and functional content are identical to that category; and Not being holders of categories), the degree of functional complexity and functional content of functions performing are identical to that category.

Article 97 transition to the category of assistant coach carried over to the category of assistant coach of the General career assistant coach current workers: a) are integrated into the careers of General Administrative Assistant; b) are integrated into the careers of the General Treasurer; c) Without prejudice to the provisions of the previous article, are integrated into the technical and professional careers of general regime; d) are integrated into the careers or are holders of the categories provided for in Decree-Law; and) are integrated into careers or are holders of categories with different designation whose functional complexity and functional content are identical to that category; f) not integrated into careers or being holders of categories, the degree of functional complexity and functional content of functions performing are identical to that category.

Article 98 transition to tasked General category to the category of Transit operating in charge General career operating operating Assistant General current workers: a) Are holders of the category of general staff in charge of the General worker; b) Are holders of the categories provided for in Decree-Law; 63 c) Are categories with different designation holders whose functional complexity and functional content are identical to that category; d) not being holders of categories, the degree of functional complexity and functional content of functions performing are identical to that category.

Article 99 transition to tasked category to the category of Transit operating responsible career operating operating Assistant General current workers: a) Are holders of category of in charge of the careers of staff worker of the general arrangement; b) Are holders of the categories provided for in Decree-Law; c) Are categories with different designation holders whose functional complexity and functional content are identical to that category; d) not being holders of categories, the degree of functional complexity and functional content of functions performing are identical to that category.

Article 100 transition to operational Assistant category Without prejudice to articles 98 and 99, carried over to the category of operational Assistant General operating Assistant career current workers: a) are integrated into the careers of staff worker of the general arrangement; b) are integrated into the careers of staff of general regime; c) Are holders of category of in charge of the careers of staff of general regime; d) are integrated into the careers or are holders of the categories provided for in Decree-Law; and 64) are integrated into careers or are holders of categories with different designation whose functional complexity and functional content are identical to that category; f) not integrated into careers or being holders of categories, the degree of functional complexity and functional content of functions performing are identical to that category.

Article 101 review of careers and special bodies 1. The special regime careers and the bodies that remain for workers integrated in them should not be carried over pursuant to articles 95 to 100 are reviewed by the date of entry into force of this Act so that: a) Are converted, with respect for him willing, in careers; or b) Are absorbed by General careers. 2. Being converted into special careers, their characterisation shall apply the provisions of paragraph 2 of article 49 3. In any case, the review defining the transition of workers rules.

Article 102 mobility situations for Conversion, or, other entities 1. The current situation of mobility for workers, or entity excluded from the scope of purpose of this law shall be carried over to the functional and legal situation of disposal of public interest. 2. the initial term of the assignment referred to in paragraph 1 the date of entry into force of this law.

65 Article 103 of Conversion requests, detachments and special concessions 1. The current required, opinions and especially workers assigned to, and in, body or service to which this law applies shall be carried over to the proper mode of internal mobility. 2. the initial term of internal mobility referred to in the preceding paragraph the date of entry into force of this law.

Article 104 Repositioning remuneration 1. In the transition to new careers and category, the workers are repositioned on the remuneration position that matches the amount of monetary remuneration level is identical to the monetary amount corresponding to the basic remuneration which currently have right, it including and additional integration differential eventually due. 2. In case of lack of identity, the workers are repositioned in remuneration position, automatically created, the amount of monetary remuneration level is identical to the monetary amount corresponding to the basic remuneration which currently entitled. 3. In the case referred to in the preceding paragraph, the workers, to further change the placement category remuneration or career, retain the right to remuneration base coming earning, which is subject to amendment in the same proportion to the resulting from the application of paragraph 5 of article 68 4. For all legal purposes, it is considered initial term repositioning remuneration referred to in the preceding paragraphs the date of entry into force of this law, regardless of the time of employees have rendered service in the rank and index on which were placed or in a position that matches the base remuneration coming earning.

Article 105 66 1 trainees ' remuneration. During the trial period, the current trainees retain the right to monetary amount corresponding to the remuneration coming earning. 2. Successfully completed the trial period, the current interns maintain also that right when the remuneration level of remuneration which must occupy position matches a monetary amount less than the coming earning. 3. Shall apply, mutatis mutandis, the provisions of paragraph 3 of the preceding article.

Article 106 1 waste Careers. Making it impossible for the transition of workers pursuant to articles 95 to 101 by virtue of the degree of complexity and functional, or, the functional content of the career in which are integrated or category that are and, or, the rules of remuneration provided for in article 104(3) repositioning, and careers, or, corresponding categories exist as currently are provided for. 2. While there are workers integrated into careers or holders of categories referred to in the preceding paragraph, the organs or services where serving shall take the necessary legal measures, in particular those laid down in paragraphs 2 et seq. of article 51, to its integration into careers or non-residual categories. 3. The monetary amounts corresponding to the contents of the careers and categories referred to in paragraph 1 shall be subject to amendment in the same proportion to the resulting from the application of paragraph 5 of article 68 67 Article 107 payment Levels of service commissions the compensation basis of positions and functions to be exercised in service are reviewed by the date of entry into force of this regulation with a view to their complying with the provisions laid down therein.

Article 108 Transition of apprentices and helpers 1. The current apprentices and helpers shall be carried over to the fixed-term resolutivo mode right. 2. the initial term of the contract referred to in the preceding paragraph the date of entry into force of this decree-law. 3. until the termination of the contracts referred to in the preceding paragraphs shall apply, mutatis mutandis, the provisions of paragraphs 2, 3, 6 and 7 of article 13 of Decree-Law No 404/98 of 18 December. 4. The monetary amounts corresponding to the indices referred to in legal provisions mentioned in the preceding paragraph are subject to change in the same proportion to the resulting from the application of paragraph 5 of article 68 article 109 nominative List of transitions and maintenance 1. The transitions as referred to in articles 88 and following, as well as the maintenance of legal situations envisaged in them functional are performed in each organ or service through word list notified to each of the workers and made public by posting in the body or service and insertion into electronic page. 2. Without prejudice to what it has to the contrary, the transitions effect since the date of entry into force of this law. 3. The list of named vessels appears for each employee of the agency or service, among other elements, the reference to the mode of Constitution of their legal relationship of public employment, the General mobility situations, or in, body or service 68 and his position or career, category, assignment, competence or activity that meets or performs, position and remuneration remuneration level. 4. with regard to the workers referred to in paragraph 4 of article 88, the nominative list reportedly still note that every one of them holds the schemes there referred to, as well as referred to in paragraph 2 of article 114 5. The staff placed in special mobility situation is also applicable, in part, the preceding paragraphs. 6. Without prejudice to paragraph 4 of article 104, the past exercise of functions, by workers on the list, under any mode of formation of the legal relationship of public employment is, in legal terms then in effect, as an exercise of public functions or the position or career in category or remuneration position as appropriate , resulting from the transition.

Article 110 Contests of recruitment and selection of personnel 1. Invitations to tender for recruitment and selection of valid personnel at the date of entry into force of this law, as well as the pending on that date for which is completed the application selection methods, remain in force until the expiry of their term of validity. 2. Legal relations of public employment resulting from the competitions referred to in the preceding paragraph are to comply with the rules laid down in this title. 3. Shall expire the remaining contests of recruitment and selection of personnel pending on the date of entry into force of this Act, regardless of its modality and situation.

Article 111 current Procedures concerning ongoing procedures personnel for acts of administration and personnel management, in view of the provisions of this law, have disappeared from the legal order or whose substantial and formal requirements of validity and, or effectiveness have 69 modified, respectively shall expire or is procedurally possible and useful, are continuing in order to check and application of such requirements.

Article 112 review of compensatory supplements 1. With a view to their complying with the provisions of this law, the compensatory supplements that have been created by special law are reviewed by the date of entry into force of that so that: a) are kept, in whole or in part, as compensatory supplements; (b)) to be integrated, in whole or in part, in base pay; c) cease to be earned. 2. where, in pursuance of the preceding paragraph, the compensatory supplements are not, in whole or in part, held as such or integrated in base compensation, your exact monetary amount, or the part of it on, continues to be earned by employees up to the end of his working life in career or in the category because of whose integration or ownership right acquired them. 3. The monetary amount referred to in the preceding paragraph is guaranteed not to any change. 4. The monetary amount referred to in paragraph 2 shall apply the regime then in force of the respective remuneration supplement. 5. Shall not apply the provisions of paragraphs 2 and following when the pay supplement has been created or changed by legislative act after August 30 2005.

Article 113 relevance of evaluations in the change of remuneration and positioning performance awards 1. For the purposes of paragraphs 1 and 6 of article 47 and paragraph 1 of article 75, fall within the performance evaluations referred to the functions exercised during placement in rank and index immediately preceding the transition or in a position that matched the base remuneration that workers came to earning, 70 since, in any case, such reviews have taken place under the law No. 15/2006 , 26 April. 2. For the purposes of paragraph 6 of article 47, and without prejudice to the provisions of the following paragraph, the relevance of performance evaluations referred to in the preceding paragraph conforms to the following rules:) When the performance assessment system applied foresees five indications or levels of evaluation, the number of points to assign is three, two, one, zero and a negative What's more, respectively for the lower; (b)) When the performance assessment system applied provides three indications or levels of evaluation, the number of points to assign is two, one and a negative, respectively of more for less; c) When the performance assessment system applied provides two indications or levels of evaluation, the number of points to assign is one and a half points to mention or level corresponding to positive performance and a negative for the statement or corresponding level the negative performance. 3. When, in performances relating to years until 31 December 2007, have been obtained or mention negative assessment level, points are awarded as follows: a) Zero points when has been obtained a single mention or negative assessment level; b) A negative point for every statement or negative assessment level accruing to mention or referred to in previous level.

Article 114 social benefits and social Protection 1. All workers are entitled, under the law, the social benefits and the meal allowance. 2. The workers referred to in articles 88 and following keeps the social protection regime applied to them on the date of entry into force of this law.

71 Article 115 transitional provisions of relevant qualifications 1. In the absence of a special law to the contrary, while the workers remain integrated into career resulting from the transition provided for in this chapter, are not required habilitacional level corresponding to the level of functional complexity of the career in question, even if applying for tendering advertised for jobs, occupation in the body or service where they exercise functions or in another body or service , corresponding to the same or different career category. 2. Without prejudice to the provisions of the preceding paragraph and in paragraphs 2 et seq. of article 51, when assignments, skills or services activities the imposing, can special law admit that, until 31 December 2012, holders of higher education that does not configure degree applying for tendering advertised for the occupation of posts corresponding to careers or classes of degree 3 of functional complexity.

Article 116 Standard set Are repealed all legal provisions contrary to this law, inter alia: a) that have approved or changed the personnel of agencies or services to which this law applies; (b)) the Decree 16563, 2 March 1929; c) Decree-Law No. 719/74, 18 of December; d) article 2 of Decree-Law No. 729/74, of 20 December; e) Decree-Law No. 485/76 of 21 June; f) Decree-Law No. 191-E/79, 26 June; g) article 3 of Decree-Law No. 465/80 of 14 October; h) article 25 of Decree-Law No. 110/81, of 14 may; I) Decree-Law No. 65/83, 4 February; j) implementing Decree No. 82/83, of 30 November; 72 l) Decree-Law No. 41/84 of 3 February; m) Decree-Law No. 85/85, of 1 April; n) the implementing Decree No. 20/85, of 1 April; the) Decree-Law No. 248/85, of 15 July; p) article 2 of Decree-Law No. 12/87, of 8 January; q) Decree-Law No. 265/88, of 28 July; r) article 3 of law No. 102/88, of 25 August; s) Decree-Law No. 184/89 of 2 June; t) Decree-Law No. 244/89, of 5 August; u) Decree-Law No. 353-A/89 of 16 October; v) Decree-Law No. 381/89, of 28 of October, with the exception of articles 4 and 5; x) Decree-Law No. 427/89 of 7 December; z) Decree-Law No. 407/91, of 17 October; AA) Decree-Law No. 409/91, of 17 October; BB) Decree-Law No. 413/93, of 23 December; CC) article 29 of Decree-Law No. 77/94, 9 March; DD) Decree-Law No. 230/94, of 14 September; EE) article 2 of Decree-Law No. 233/94, of 15 September; FF) article 20 of Decree-Law No. 45/95, of 2 March; Gg) Decree-Law No. 159/95, of 6 July; HH) Decree-Law No. 121/96, of 9 August; II) Decree-Law No. 226/96, of 29 November; JJ) articles 18 and 19 of Decree-Law No. 13/97, 17 January; LL) the Regulatory Decree No. 70/97, published on 22 November 1997; mm) Decree-Law No. 22/98, 9 February; nn) Decree-Law No. 53/98, of 11 March; OO) Decree-Law No. 175/98 of 2 July; pp) Decree-Law No. 204/98, of 11 July; QQ) Decree-Law No 404/98 of 18 December; RR) article 33 of Decree-Law No. 84/99, of 19 March; SS) Decree-Law No. 238/99, of 25 June; TT) articles 5 and 6 of Decree-Law No. 324/99, of 18 August; uu) articles 6 to 8 of Decree-Law No. 325/99, of 18 August; 73 vv) articles 10 and 11 of Decree-Law No. 326/99, of 18 August; XX) the ministerial order No. 807/99 of 21 September; ZZ) Decree-Law No. 497/99, 19 November; AAA) Decree-Law No. 518/99, of December 10; BBB) Decree-Law No. 54/2000, of 7 April; CCC) the resolution of the Council of Ministers No. 12/2001, of 8 February; DDD) Decree-Law No. 142/2001 of 24 April; EEA) Council of Ministers resolution No. 97/2002, 2 may, and additional orders; FFF) Decree-Law No. 149/2002 of 21 may; GGG) Decree-Law No. 101/2003, of 23 may; HHH) article 6 of law No. 99/2003 of 27 August.

Article 117 entry into force 1. Without prejudice to the provisions of the following paragraph, this Act shall enter into force on 1 January 2008. 2. articles 101, 107 and 112 shall enter into force on the day following publication of this law. 3. Non-compliance with the revisions provided for in articles referred to in the preceding paragraph determines the automatic expiry from the date of entry into force of this law, the laws that created and regulated the remuneration provided for in supplements last of them.

Seen and approved by the Council of Ministers of 14 June 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency ANNEX (referred to in paragraph 2 of article 49) CHARACTERIZATION of the GENERAL CAREER CAREERS CATEGORIES FUNCTIONAL CONTENT FUNCTIONAL COMPLEXITY NUMBER of REMUNERATION POSITIONS technicien technicien advisory functions, study, planning, programming, evaluation and application of methods and processes of technical and/or scientific nature that underlie and prepare the decision. Preparation, independently or in a group, opinions and projects, with varying degrees of complexity, and performing other General or specialized support activities in areas of common action and operational instruments of the bodies and services. Duties with responsibility and technical autonomy, albeit with higher qualified framework. Representation of the body or service on subjects of his specialty, taking of technical options, framed by directives or guidelines above. 3 14 assistant coach technical coordinator in charge of technical and administrative functions in an organic subunit or support team, the results of which it is responsible. Implementation of the activities and organization of work of the staff which coordinates, according to guidelines and directives. Implementation of technical and administrative work of greater complexity. Duties with relative degree of autonomy and responsibility. 2 4 75 CAREER CATEGORIES FUNCTIONAL CONTENT FUNCTIONAL COMPLEXITY NUMBER of REMUNERATION POSITIONS assistant coach assistant coach Roles of executive nature, application of methods and processes, based on clearly defined guidelines and general instructions, of average degree of complexity, in the areas of common action and instruments and in the various fields of action of organs and services. 2 8 tasked Assistant General Chief of staff functions operating the operating Assistant career. General coordination of all tasks performed by the staff to the sectors under its supervision. 1 2 in charge of coordination of Functions operating operating assistants assigned to your sector of activity, the results of which it is responsible. Programming tasks, organization and control of the work to be carried out by personnel under their coordination. General Officer's replacement in their absences and impediments. 5 operating Assistant Executive nature, functions of manual or mechanical nature, framed in the general directives and with varying degrees of complexity. Elementary support tasks, indispensable to the operation of the bodies and services, and may behave physical effort. Responsibility for equipment under his guard and for its correct use and, where appropriate, the maintenance and repair of same. 8