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DRAFT law No. 197/X explanatory memorandum to the amendment of the Disciplinary Status of the employees and agents of the Central, Regional and Local Administration, approved by Decree-Law No. 24/84, of 16 January, now proceeds, occurs in a context of integration of diploma that embodies the reform of the legal system of workers who exercise public functions, in particular with regard to ways of linking and the careers and salaries schemes. This purpose was, in fact, expressed in the explanatory memorandum to the draft law on that matter to the noted that ' ... 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 type of link , derived from your nature». On the other hand, having been taken over in the abovementioned explanatory memorandum to two of the principles that shape the new solutions would be the approach to the common employment scheme and the increase of management capacity of managers, with reinforcement of the management and control mechanisms of accountability, the need for justification of acts of management and your transparency ", becomes a clear need to introduce changes to the disciplinary regime of workers performing public functions. Therefore, the proposal of Disciplinary Status is based on four fundamental purposes: firstly, adapting to the new regime on binding, careers and salaries, text that brings profound changes in the situation currently in force; However, the disciplinary regime, not the instrument capable of altering the substance of the schemes of work in public administration, cannot fail to adapt to changes that other diplomas will introducing, especially in matter of 2 links; reason which shall be applicable to all workers performing public functions, whatever the mode of Constitution of your legal relationship of public employment; Second, the approach to the labour regime; such an objective should be translated, in which disciplinary matters concerned, in regard to approach and its extent, without forgetting the specifics of public service and, in particular, the pursuit of the public interest in respect for the rights and legally protected interests of citizens; Thirdly, the projection of a vision of Public Administration that values the role of Directors in carrying out administrative management skills, to the detriment of the traditional propensity to assign to members of Government a high load of responsibilities in this field; It is not a matter of questioning the constitutional rule that defines the Government as the top body of the public administration (article 182 article of CRP) but before you stress that the Government is the organ of political conduct; It is because of the Government as political and administrative organ that considers a nuclear perspective that tends to blame the leaders and fulfil the Government of responsibility for day-to-day management of the bodies and services, which all owe them not fit; Finally, «update» face to the movement of administrative modernization; in fact, the Disciplinary Statute survives unchanged for 24 years; now, in addition to be later a great legislative acquis (Penal Code, code of criminal procedure, code of Civil procedure, code of administrative procedure, the labour code, Administrative courts procedure, in particular), also followed a simplification and acceleration of the administrative procedures, preventing and combating bureaucracy, without prejudice to the protection of individual rights (what on discipline, is particularly sensitive, of course); that is why this proposal has confessed pragmatic intent of simplification and the introduction of mechanisms to enforce speed in handling disciplinary procedures 3. In this order of ideas, the main changes now introduced are as follows: Consecration of functional duty of informing the citizen, as opposed to the traditional (and outdated) duty of secrecy, following the change in the paradigm of the exercise of public functions and of the legislation on access to information and administrative documents; reduction of the period of limitation of the right to initiate disciplinary procedure, which shall be of 1 year from the date of the infringement or 30 days following your knowledge by the immediate superior (near today's regime in force for workers in contract of employment), and the causes of such suspension period shall find themselves conditioned by strict observance of concerns to ensure the rapid March of processes; innovative Establishment of a maximum period of 18 months for the completion of the disciplinary procedure; reduction in the number of disciplinary penalties, having eliminated the sentences of loss of vacation days, of inactivity and of compulsory retirement; with this elimination, come into being, just, a moral nature, monetary penalty, suspension and expulsive, maintaining the penalty of termination of service, or as autonomous, as subsidiary exclusively applicable to personnel; reduction of abstract frames of the penalties of fine and suspension in respect of current regulations in Disciplinary Status; infringement limits per year in the case of application of the penalties of fine and suspension, adopting the same solution enshrined in the labour code; reduction of effects of feathers (loss of holiday entitlement, inability to show the contest and organ or distinguished service), since there appear to a time just and compatible with the new measure of feathers; Assignment 4 maximum leaders of the bodies and services responsible for implementation of all disciplinary penalties exceeding written censure, having as a consequence that the competence of members of the Government, for the imposition of penalties is limited to your application to those which directly depend on; assigning competence of Directors directors character maximum application of penalties; definition of a special procedure-investigation process-exclusively intended to establish whether two consecutive negative performance evaluations indicate the existence of a disciplinary offence that, in the limit, leading to the resignation of the employee appointed or in service in charge not Chairman, determine in disciplinary procedure; reduction of periods of suspension of feathers, in minimum (6 months and 1 year) and maximum (1 year and 2 years), distinguishing the case of reprimand and fine, on the one hand, and, on the other; reduction of periods of prescription of disciplinary penalties, from the date on which the decision became inimpugnável: 1 month to 3 months written reprimand for fine, 6 months and 1 year suspension for the dismissal, the dismissal due to the fault of the worker and the cessation of service; Consecration of rule of joinder of proceedings, the criterion is always the first process once it has been established; Elimination of duty of participation of disciplinary offence; Renewal of the procedure for lack of attendance to the disciplinary procedure; Elimination of the scheme of the offence directly observed and the probative value of the news confirmed by two witnesses; Consecration of the prevalence of the instructor about all other instructor tasks named, getting this exclusively belongs to the arraignment; 5 Introduction an open clause on the causes of suspicion of the instructor (". .. when it occurs because of circumstances which may reasonably suspect of your exemption and the strength of your conduct); eliminating the loss of basic salary in the case of exercise preventive suspension of the accused; strengthening the position of counsel constituted in disciplinary procedure (e.g., with your participation in the interrogation of the accused, the possibility to require psychiatric expertise and, in General, the exercise of all the powers inherent to representation); Admissibility, in case of non-opposition of the accused, of intervention in disciplinary procedure that can be applied to a expulsiva penalty, prays to mere knowledge now to an opinion from the Committee of workers and, or, the Trade Union Association that belongs; the expiry of the right of punishment when the competent authority does not utter the punitive decision within a reasonable period of time; guarantee protection feature of the decisions of the executive bodies of the integrated services in indirect administration; Possibility, very restrictive assumptions (and far more restrictive than those laid down in the labour code), the disciplinary procedure be renewed pending the challenge your court on the grounds of infringement of an essential formality; Assignment to the employee, whose expulsiva penalty has been annulled or declared invalid or non-existent by the Court, the possibility of obtaining compensation instead of reinstatement in the body or service; introducing time limits of the investigation process, with obvious reflections in time limits of disciplinary offences that could be cleared and the corresponding disciplinary procedures; reduction of 6 periods of rehabilitation of the accused: 6 months in case of written censure, 1 year of fine, 2 years of suspension and termination of service and 3 years of resignation and dismissal due to the fault of the worker. Were heard the Government organs of the autonomous regions, 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 proposal of law: article 1 subject-matter is approved the Disciplinary Status of workers who exercise public Functions hereinafter Statute, published in annex to this law and it is an integral part.
Article 2 count of deadlines the deadlines referred to in the staff regulations are laid down in the code of administrative procedure. 7 article 3 Workers referred to in paragraph 4 of article 88 of the law No 12-A/2008, of 27 February 1-Without prejudice to the provisions of the following paragraph, to workers referred to in paragraph 4 of article 88 of the law No 12-A/2008, of 27 February, applies the staff regulations as regards the workers who carry out functions in the form of employment contract in public functions. 2-the provisions of paragraph h) of paragraph 1 of article 18 and articles 69 to 71 of the staff regulations is extended to workers referred to in paragraph 4 of article 88 of the law No 12-A/2008, of 27 February, which applies the penalty of dismissal.
Article 4 Application in time 1-Without prejudice to the following paragraphs, the status is immediately applicable to the facts charged, the proceedings and penalties in progress on the date of your entry into force, when the regime proves in your concrete, more worker-friendly and better ensure your audience and defence. 2-the scheme referred to in paragraph 1 shall cover the normative provisions of the Statute concerning the functional duties, to your violation and sanctioning, as well as to its procedure, in particular as regards the previously forecast current not the infringement directly Institute established. 3-The limitation period of disciplinary procedure and punishments, as well as the rehabilitation and the period referred to in paragraph 4 of article 6 of the staff regulations, from the date of entry into force of the Statute, but without prejudice to the application of the deadlines previously in force when these are, specifically, more favourable to the worker. 4-the provisions of paragraph 5 of article 6 of the staff regulations shall not apply to: 8 a) the procedures for investigation and inquiry are initiated as regards the deadline laid down for your establishment there; b) disciplinary procedures which are common place, as regards the time-limit laid down for your establishment there. 5-the shame of inactivity that is applied or ongoing proposal is automatically converted into suspension penalty, for your ceiling: a) Ceasing or does not apply, the effects that produced and which are not produced by the penalty of suspension; and b) Ceasing your execution immediately when that already limit is reached or exceeded. 6-the penalty of loss of vacation days you get an offer, applied or in course of execution is converted, at the request of the employee filed within thirty days as of the date of entry into force of this Act, on penalty of a fine at your ceiling. 7-the penalty of compulsory retirement that if find proposed or applied but not yet executed determines the re-evaluation of the process by those who have proposed or applied, respectively, with a view to your maintenance or suspension penalty conversion, with the effects that each should produce. 8-effective immediately, the execution of the penalties and the production of the respective effects which are in progress in respect of retired workers for reasons other than the implementation of compulsory retirement penalty, since such workers have lodged new legal relationship of public employment. 9-the remaining feathers in course of execution, as well as all who are suspended, although have been converted under the preceding paragraphs, cease such execution or suspension, producing only the effects well provided for: a) When reach the ceiling now envisaged; or b) immediately, as already limit is reached or exceeded. 9 10-Cease the effects that are to be produced by feathers already performed when the penalties come on or in which correspondents should convert or for which they should be replaced, in accordance with the provisions of the preceding paragraphs, do not provide for or produce for that period is reached or exceeded. 11-Stops the loss of salary, and is repaid that which has been lost, the defendants have not yet convicted who are or have found preventively suspended. 12-in relation to processes that have already been sent for decision and that this has not yet been issued, it is observed the following: a) Maintains the competence previously in force for the purposes of sentencing; b) the time limit referred to in paragraph 3 of article 55 is counted from the date of entry into force of the Statute when the competent authority to punish understand ordering new steps or ask for an opinion, and still has not done; c) the time limit referred to in paragraph 4 of article 55 is counted from the date of entry into force of the Statute when the competent authority to punish agrees with the conclusions of the final report or is expired the deadline it has set for realization of new arrangements or the set for an opinion. 13-The previously designated processes for lack of attendance are automatically converted into common disciplinary processes. 14-The previously designated enquiry processes are automatically converted in investigation processes.
Article 5 set Standard is revoked Decree-Law No. 24/84, of 16 January. 10 article 6 References references of standards contained in legislative or regulatory acts to the Disciplinary Regulations approved by Decree-Law No. 24/84, of 16 January, made to the corresponding provisions of the Disciplinary Statute now approved. ~ Article 7 entry into force this law shall enter into force on the date of the beginning of the Regime of employment contract in Public Functions approved in accordance with article 87 of the law No 12-A/2008, of 27 February.
Seen and approved by the Council of Ministers of 17 April 2008 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 11 DISCIPLINARY STATUS of WORKERS who EXERCISE PUBLIC FUNCTIONS Chapter I scope article 1 scope 1-the present Statute subjective is applicable to all workers performing public functions, regardless of the mode of formation of the legal relationship of public employment under which they exercise their functions. 2-the present Statute 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 your objective. 3-exceptions to the preceding paragraphs workers who possess special disciplinary status.
Article 2 scope 1 purpose-the present Statute shall apply to the direct and indirect administration services of the State. 2-the present Statute shall also apply, with any necessary adaptations, in particular as regards the administrative powers of the corresponding government agencies own, regional and local administrations.
12 3-the present Statute is still applicable, with the adaptations imposed by observance of the corresponding powers, 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 these regulations to services external peripherals of the State, either in respect of locally recruited the workers that recruited, serving, shall not affect the validity and norms: a) principles of international law which have otherwise; b) Of statutory which are locally applicable. 5-Notwithstanding the provisions of paragraph 2 of the preceding article, these regulations 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.
Chapter II fundamental principles article 3 1-disciplinary Offence is considered a disciplinary offence the behavior of worker, by action or omission, even if merely culpable, that violates General or special obligations inherent to the officiating. 2-General duties of workers: a) the duty to pursue the public interest; (b)) the duty of exemption; c) the duty of impartiality; d) the duty of information; 13 and) the duty of zeal; f) the duty of obedience; g) the duty of loyalty; h) the duty of correction; I) the duty of attendance; j) the duty of punctuality. 3-the duty to further the public interest is to carry out and defend the public interest, as defined by the competent bodies, in accordance with the Constitution, the laws and the rights and legally protected interests of citizens. 4-the duty exemption is to not remove advantages, direct or indirect, financial or other, for themselves or for third parties, of the functions that it exercises. 5-the duty of impartiality is to carry out the functions with midway in relation to the interests it confronted, without discriminating positively or negatively any of them, from the perspective of respect for the equality of citizens. 6-the duty to provide information is to provide the citizen, in legal terms, the information that is requested, with the exception of that which, in those terms, it should not be disclosed. 7-the duty of zeal is to know and apply the rules of law and regulations and the orders and instructions of superiors, as well as perform the functions in accordance with the objectives that have been set and using the skills that have been considered appropriate. 8-the duty of obedience is to abide by and comply with the orders of the legitimate superiors, given on the subject of service and with the legal form. 9-the duty of loyalty is to carry out the functions subject to the objectives of the agency or service. 10-the duty of correction is to treat with respect of the users or services and the remaining workers and superiors. 14 11-duties of attendance and punctuality are to attend the regular service and continuously and in the hours that are assigned.
Article 4 entry for the disciplinary authority 1-all workers are disciplinarily accountable to their superiors. 2 – recipients of the governing bodies of indirect administration services are disciplinarily accountable to the Member of the Government to exercise its supervision or guardianship. 3-the workers are subject to the disciplinary authority since the acceptance of the appointment, the conclusion of the contract or ownership, or from the beginning of functions when this precede those acts. 4-the termination of the legal relationship of public job or changing the legal and functional situation does not prevent the punishment for offences committed in the exercise of the function.
Article 5 exclusion from disciplinary liability 1-is deleted the disciplinary responsibility of the employee to act in compliance with orders or instructions issued by legitimate superior service and, when their previously has complained or required to your transmission or written confirmation. 2-Considering illegal order or instruction received, the employee does not expressly mention this fact to complain or to ask your transmission or written confirmation. 15 3-When the decision of the complaint or the transfer or confirmation of order or written statement does not take place within the time in which, without prejudice to the fulfilment of these can be time consuming, the worker shall communicate, in writing, to your immediate superior, the exact terms of the order or instruction received and of the claim or the request formulated, as well as the non-satisfaction of these by running below the order or instruction. 4-When the order or instruction are given with mention of immediate compliance, and without prejudice to the provisions of paragraphs 1 and 2, the notification referred to in the final part of the preceding paragraph shall be made after the execution of the order or instruction. 5-the duty of obedience whenever the fulfillment of orders or instructions involves the practice of any crime.
Article 6 Limitation of disciplinary measures 1-the right to establish disciplinary procedure prescribes a year on the date when the offence has been committed. 2-Prescribes also known the offence when by any superior, is not the competent disciplinary procedure be initiated within thirty days. 3-When the fact that qualified as a disciplinary offence is also considered a criminal offence, apply to the right to initiate disciplinary measures the time limits established in the criminal law. 4-Suspending the Statute of limitations referred to in the preceding paragraphs, for a period up to six months, the prosecution of inquiry bodies or services, as well as investigative or disciplinary process, even if not directed against workers who enjoy prescription, when on any of them will qualify infringements for which it is responsible. 16 5-suspension of the Statute of limitations only operates when, cumulatively: a) the dossiers referred to in paragraph 1 have been instituted within 30 days the suspicion of disciplinary punishable facts; (b)) the subsequent disciplinary procedure has been initiated within 30 days of receipt of those processes to decision, by the competent authority; and c) at the date of the establishment of processes and procedures referred to in paragraph 1(a) above, not already prescribed the right to initiate disciplinary proceedings. 6-the disciplinary procedure shall become statute-barred after eighteen months from the date on which it was established when, within that period, the defendant has not been notified of the final decision. 7-the prescription of disciplinary procedure referred to in paragraph 1 shall be suspended during the time in which, by virtue of a court decision or judgement of any court issue, the March of due process cannot begin or continue to take place. 8-the prescription back to run from the day it ceases cause of suspension.
Article 7 the purposes of pronunciation and conviction in criminal proceedings 1-when the agent of a crime whose trial is of the competence of the Court of jury or the Court's collective a worker that this Statute is applicable, the clerk of the Court where you run the process within 24 hours about the traffic in the order of pronunciation or equivalent , delivery, per term in the records, copy of such order to the public prosecutor, so that these refer to the agency or service in which the employee performs functions. 17 2-When a worker that this Statute is applicable to be sentenced for a crime, shall apply, mutatis mutandis, the provisions of the preceding paragraph. 3-the conviction in criminal proceedings shall be without prejudice to the exercise of disciplinary action when the criminal offence constitutes a disciplinary offence too.
Article 8 Facts likely to be considered criminal offence When the facts are likely to be considered a criminal offence, their Public Ministry news compulsory jurisdiction to promote the criminal procedure, pursuant to article 242 of the code of criminal procedure.
Chapter III disciplinary Sentences and their effects article 9 1 of Scale-the penalties applicable to infringements committed by workers are as follows: a) written censure; b) fine; c) suspension; d) Resignation or dismissal due to the fault of the worker. 2-The Office-holders and similar officials shall apply the penalty of termination of service. 18 3-cannot be applied more than a penalty for each offence, the accumulated offences that are dealt with in a single process or the process appreciated offences joined. 4-the feathers are always recorded in the personal file of the employee. 5-The amnesties do not destroy the effects already produced by application of the sentence being, however, made in the process.
Article 10 Characterization of 1-written censure penalty consists of mere repair by the irregularity. 2-the fine penalty is fixed in price and may not exceed the amount corresponding to six daily base remuneration for each infringement and a total amount corresponding to the basic remuneration of 90 days per year. 3-the penalty of suspension is the complete removal of the organ or service worker during the period of his sentence. 4-the penalty of suspension varies between 20 and 90 days for each violation, up to 240 days per year. 5-the penalty of dismissal consists in the removal of the organ or the worker's service named, ceasing the legal relationship of public employment. 6-the penalty of dismissal due to the fault of the worker is the definitive removal of the organ or the service worker hired, ceasing the legal relationship of public employment. 7-worth of cessation of service consists of the compulsive exercise cessation of Office Manager or equated. 19 article 11 effects of feathers 1-disciplinary sentences only produce the effects provided for in these bylaws. 2-the suspension penalty determines, for so many days how many of your duration, the non-exercise of functions and the corresponding loss of remuneration and seniority count for seniority. 3-the application of the penalty of suspension shall not affect the right of workers to maintain, in legal terms, of the benefits of its social protection regime. 4-the feathers of resignation and dismissal due to the fault of the worker mind the loss of all rights of the worker, except as to the retirement pension or old-age pension on the terms and conditions provided by law, but not impossible to get back to exercise functions in organ or service that does not require the conditions of dignity and trust that those that got laid off or fired. 5-the penalty of termination of service implies the end of the financial year from Office Manager or treated as such and the impossibility of any post leader or treated as such during the period of three years from the date of notification of the decision.
Article 12 Penalties applicable in the event of termination of the legal relationship of public employment In case of termination of the legal relationship of public employment, the penalties referred to in paragraph 1 (b)) d) of paragraph 1 of article 9 are performed since workers constitute new legal relationship of public employment. 20 Chapter IV disciplinary Competence article 13 general principle disciplinary competence of superiors always involves the lower hierarchical within their agency or service.
Article 14 Jurisdiction for enforcement of penalties 1-the application of the penalty provided for in point (a)) of paragraph 1 of article 9 is the responsibility of all superiors in relation to their subordinates. 2-the application of other penalties referred to in paragraphs 1 and 2 of article 9 is the maximum leader of the agency or service. 3-it is the Member of the respective Government applying any penalty the maximum leaders of agencies or services. 4-in the local authorities, associations and federations of municipalities, as well as in local authority services, the application of the penalties referred to in paragraphs 1 and 2 of article 9 is, respectively, the corresponding executive bodies, as well as of the Board of Directors. 5-In district assemblies, the application of the penalties referred to in paragraphs 1 and 2 of article 9 is the responsibility of the respective House. 6-the jurisdiction conferred by paragraphs 1, 2, 4 and 5 are directors. Chapter V 21 Facts to which they apply the penalties article 15 written Reprimand to written censure penalty is applicable for light service offences.
Article 16 Fine the fine penalty is applicable to cases of neglect or poor understanding of the functional duties, in particular to workers: a) observe established procedures or make mistakes by negligence, that does not work prejudice to relevant to the service; b) Disobey the orders of superiors, without major consequences; c) don't use correction with the superiors, subordinates or colleagues or to the public; d) By faulty compliance or ignorance of legal and regulatory provisions or of the orders from above, demonstrate a lack of zeal for the service; and do Not communication) referred to in paragraph 6 of article 30 of law No 12-A/2008, of 27 February. 22 article 17 Suspension the suspension penalty is applicable to employees who act with gross negligence or with severe disinterest by the fulfilment of the functional duties and those whose behaviors seriously offend against the dignity and prestige of the role, in particular when: a) Give wrong information to superior; b) Appear in the service in a State of intoxication or under the influence of narcotic drugs or similar drugs; c) serving in accumulation, without authorization or while not authorised or when the authorisation was granted on the basis of information or elements, for they provided, which are false or incomplete; d) Demonstrate ignorance of essential standards governing the service, of which there is a result damage to the agency or service, or for third parties; and Provide treatment of favor) certain natural or legal entity; f) Omit information that may or must be provided to the citizen or with violation of the law on access to information, reveal facts or documents relating to the administrative procedures, under way or completed; g) outrageously, or Disobey before the public and open place, the higher orders; h) Providing false statements about justification of fouls; I) violate the performance assessment procedures, including the placing of unmatched dates with the moment of the Act; j) Harm, injuriem or not seriously superior, colleague, subordinate or third, out of service, for reasons related to the exercise of its functions; 23 l) receive funds, revenues or collect funds to cover that pay no bills in the statutory deadlines; m) Violate guilty of serious misconduct, the duty of impartiality in the exercise of its functions; n) Use or allow others to use or use of any property belonging to the organs or services whose possession or use is entrusted to them, for purpose other than that for which they are intended;
the) violate the duties referred to in paragraphs 1 and 2 of article 30 of law No. 12-A/2008, of 27 February.
Article 18 Resignation and dismissal due to the fault of the worker 1-feathers of resignation and dismissal due to the fault of the worker are applicable in case of infringements which impede the maintenance of functional relationship, in particular to workers: a) Harm, injuriem or not seriously superior, colleague, subordinate or third, in service or in the service; b) Practise acts of serious insubordination or indiscipline or incites to your practice; c) in the performance of their duties, practise clearly offensive acts of the institutions and principles enshrined in the Constitution; d) committing, or attempting to commit any act which damages or be contrary to the best interests of the State in international relations; and) go back to practicing the facts referred to in (c)), h) and (i)) of the preceding article; f) Intentionally participate in disciplinary offence allegedly committed by another worker; 24 g) within the same calendar year give five fouls in a row or ten interpolated without justification; h) Being appointed or not Office-holders or similar leaders exercise their functions in service, make repeated breach of the duty of diligence, indicted in obtaining two consecutive negative performance reviews despite the frequency of appropriate training at first negative rating; I) Disclose information which, in legal terms, it should not be disclosed; j) as a result of the function which are empowered to request or accept, directly or indirectly, gifts, gratuities, participation in profits or other pecuniary advantages, albeit without the order to speed up or slow down any service or procedure; l) Comparticipem on offer or negotiation of public employment; m) Are found in range or misuse of public money; n) take part or interest, directly or through an intermediary, in any contract concluded or to be concluded by any agency or service; the) with intent to obtain, for themselves or for third, illicit economic benefit, lack the functional duties, not promoting timely appropriate procedures, or adversely affect, in legal business or by mere act material, notably by destruction, tampering or loss of documents or for data-processing treatment for addiction, the patrimonial interests that, in whole or in part, they deliver, in reason of its functions , administer, enforce, defend or hold; p) Authorize the exercise of any paid activity in which workers are forbidden, placed in a situation of special mobility, are on leave. 25 2-making it impossible to maintain the functional relationship, the feathers of resignation and dismissal due to the fault of the worker are still applicable to workers who, finding themselves in a situation of special mobility: a) engaged in any remunerated activity outside the cases provided by law; b) On leave, engaged in any remunerated activity in which they are forbidden.
Article 19 termination of service 1-worth of cessation of service is applicable, the main title, the Office-holders and similar leaders that:) not disciplinary proceedings against workers his subordinates for infringements of which they are aware; b) disciplinary infringement criminally for not participating they are aware in the exercise of their functions, that criminal magazine; c) Authorize, report favorably or omit information concerning the legal situation of functional workers, in violation of the rules governing the legal relationship of public employment; d) Infringe the rules on the award of service contracts. 2-the penalty of termination of service is always applied incidentally to Office-holders and similar leaders for any disciplinary offence punished with penalty equal to or higher than the fine.
Article 20 Choice and extent of feathers in the application of penalties meets the general criteria laid down in articles 15 to 19, the 26 nature, mission and tasks of the agency or service, by position or category of defendant, the responsibilities inherent to the particular mode of your legal relationship of public employment, the degree of fault, your personality and the circumstances in which the offence has been committed which militem or against him.
Article 21 dirimentes Circumstances Are circumstances dirimentes of disciplinary liability: a) physical coercion; b) accidental and involuntary deprivation of the exercise of intellectual faculties at the time of committing the offence; c) self-defense, own or of others; d) enforceability of conduct diverse; and the exercise of a right) or the fulfillment of a duty.
Article 22 special extenuating circumstances Are extenuating circumstances: disciplinary offence special) the provision of more than ten years of service with exemplary behavior and zeal; b) the confession of the infringement; c) to provide services relevant to the Portuguese people and the performance with merit in defending freedom and democracy; d) the provocation; and) the compliance order or well-meaning superior instruction, in cases where it wasn't due obedience. 27 Article 23 extraordinary Attenuation where there are extenuating circumstances that diminish substantially the fault of the defendant, the penalty can be mitigated, by applying lower penalty.
Article 24 1-special aggravating circumstances Are aggravating circumstances of the offence: a disciplining special) the will determined, then conduct produce results detrimental to the agency or service or general interest, regardless of whether these have been checked; (b)) the actual production of harmful results to the agency or service, or to the general interest, in cases where the defendant could have foreseen this consequence as necessary effect your conduct; c) the premeditation; d) reimbursement with other individuals for your practice; and) the fact that it was committed during the execution of a disciplinary penalty or while the period of suspension of the sentence; f) recidivism; g) the accumulation of offences. 2-the forethought is the plan for the Commission of the offence, formed at least 24 hours prior to your practice. 3-the recurrence occurs when the offence is committed before the expiry of a year on the day that has ended the fulfilment of the penalty applied by virtue of previous infringement. 28 4-accumulation occurs when two or more offences are committed on the same occasion or when one is committed before it was punished.
Article 25 suspension of penalties 1-the penalties referred to in (a)) c) of paragraph 1 of article 9 can be suspended when, given the personality of the defendant, the conditions of your life, your conduct before and after the offence and the circumstances of this, if Complete the simple censorship and the threat of punishment take place properly and the purposes of punishment. 2-the time of suspension is not less than six months for the feathers to written censure and fine, and one year for the penalty of suspension, and no more than one and two years, respectively. 3-the times provided for in the preceding paragraph are counted from the date of notification to the defendant of its outcome. 4-the suspension expires when the worker will be at your course, convicted again in disciplinary proceedings.
Article 26 Prescription of penalties Without prejudice to the provisions of paragraph 1 of article 12, the penalties prescribed in the following time limits, as of the date on which the decision became inimpugnável: a) A month, to the penalty of reprimand writing; b) three months, to the threat of a penalty; c) six months, to the penalty of suspension;
29 d) A year, to the penalties of dismissal, dismissal due to the fault of the worker and of cessation of service.
Chapter VI Disciplinary Procedure section I General provisions article 27 ways to process 1-the disciplinary process is common and special. 2-the special process applies in the cases expressly provided for by law and common in all cases other than special process. 3-special processes shall be governed by the provisions which they own and in part not provided for therein, by the provisions relating to the common process.
Article 28 obligation to disciplinary proceedings 1-fine feathers and above are always applied by preceding the establishment of the facts in disciplinary proceedings. 2-the written censure penalty is applied without reliance on process, but with the hearing and the accused's defence. 3-at the request of the accused is drawn up auto diligence referred to in the preceding paragraph, in the presence of two witnesses for him. 4-For the purposes of paragraph 2, the defendant has the maximum period of five days for wanting, produce your defense in writing. 30 Article 29 working party responsible for initiation of proceedings 1-Without prejudice to the provisions of paragraph 3 of article 40, shall be competent to establish, or have set up disciplinary procedure against their subordinates any superior, even if it is not competent to punish. 2-it is the Member of the Government its disciplinary proceedings against the maximum leaders of agencies or services.
Article 30 location of establishment and change of organ or service pending the process 1-the disciplinary procedure is always established in the body or Department to which the employee carries out functions at the time of the offence. 2-When, after the practice of a disciplinary offence or have pending the Court of Justice, the worker change body or service, the penalty is applied by the competent authority at the time has to be given decision, without prejudice to the procedure have been sent to set up and have been instructed in the framework of the agency or Department to which the defendant exercised functions on the date of the offence.
Article 31 Joinder of proceedings 1-For all offences have not yet punished committed by a worker is a single process. 2-Having been initiated several processes, are all joined to that first has been introduced.
31 article 32 Accused in accumulation of functions 1-When, before the decision of a procedure, to be instituted new procedures against the same employee disciplinary offence committed in the performance of duties, in accumulation, in other organs or services, the new procedures are joined to the first, getting the instruction of all of them in charge of this instructor. 2-initiation of disciplinary proceedings is communicated to agencies or services in which the employee performs functions, similarly if proceeding in relation to the decision.
Article 33 secret Nature of the process 1-the disciplinary process is secret nature to the prosecution, which may, however, be provided to the accused, to your application, for examination, do not disclose what it's worth. 2-the rejection of the request referred to in the preceding paragraph is notice to the defendant within three days. 3-Notwithstanding your secret nature, allowed the passage of birth certificates when intended for defence of legally protected interests, and in the face of application specifying the intended purpose, and may be prohibited, under penalty of disobedience, to your publication. 4-the passage of birth certificates is authorized by the instructor until the end of the Defense phase of the defendant being free when requested by this.
5-the defendant to disclose secret nature matter, pursuant to this article, is introduced, therefore, new disciplinary procedure. 32 article 34 form of acts the form of acts, when is not regulated by law, sets the order you have in vista and is limited to the indispensable for achieving this purpose.
Article 35 establishment of lawyer 1-the defendant may constitute attorney at any stage of the proceedings, in accordance with law. 2-the lawyer shall exercise the rights that the law recognizes the defendant.
Article 36 unofficial Acts in the omissive cases, the instructor may adopt the measures that are convenient for the discovery of truth, in accordance with the General principles of criminal procedure. Article 37 1-nullity proceedings if the nullity is resulting from the lack of hearing of the accused in charge items, as well as the resulting from omission of any diligence essential for the discovery of truth. 2-the remaining the only nobody is deemed to be met when they are not claimed by the defendant to the final decision. 3-the order dismissing the application of any diligence probative or hierarchical appeal to protect Member of the Government, the appeal within five days. 33 4-the appeal referred to in the preceding paragraph goes up immediately in the record, considering unfounded when, within ten days, is not made expressly overrule decision.
Article 38 Amendment of the legal situation of the accused worker accused functional in disciplinary proceedings, even if not preventively suspended is prevented from change, in legal terms, the legal situation-your functional, including applying for concursais procedures.
Section II Procedure common disciplinary Subsection I general provision Article 39 Beginning and end of the 1-statement of the disciplinary process starts within ten days from the date of notification to the instructor of the order sent to set up, and the last within 45 days, this time limit may be exceeded only by order of the ordered set up on a proposal based on the instructor, in cases of exceptional complexity. 2-the deadline of 45 days referred to in the preceding paragraph include the start date of the statement, determined in accordance with the following paragraph. 3-the instructor informs the entity which has appointed, as well as the defendant and the end, the date on which start instruction. 34 4-the disciplinary procedure is urgent, without prejudice to the audience and guarantees the defendant's defense.
Subsection II Phase of procedure article 40 Participation or complaint 1-all they are aware that an employee disciplinary offence may enter practiced it to any superior. 2-check that the entity that has received the participation or complaint does not have authority to initiate disciplinary procedure, those are immediately forwarded to the competent authority for that purpose. 3-for the purposes of the following paragraph, when an employee ceases to attend the service, without justification, for five days in a row or ten interpolated, their superior officer participates in the fact immediately to the maximum leader of the agency or service. 4-the maximum leader of the agency or service can consider disciplinary point of view, justified the absence, determining the immediate archiving of participation, when the worker furnishes proof of grounds to consider merit consideration. 5-the shares or verbal complaints are always reduced to writing for those who receive. 6-When concludes that participation is unfounded and intentionally presented in order to harm a worker or that contains defamatory or insulting matter, the competent authority to punish participates in the fact that criminal liability, without prejudice to disciplinary proceedings when the participant is the employee that this Statute is applicable.
35 article 41 1 injunction-so participation is received or the competent authority to initiate disciplinary measures decide if he should or should not be. 2-when you realize that there are no disciplinary procedure, the authority referred to in the preceding paragraph shall send archive participation or complaint. 3-in the otherwise introduces or determines that dialogical disciplinary procedure. 4-When does not have competence for application and understand that there are no disciplinary procedure, the authority referred to in paragraph 1 shall be subject the subject to the decision of the competent authority.
Article 42 appointment of the trainer 1-the entity establishing disciplinary procedure appoints an instructor, chosen from among workers of the same organ or service, holder of Office or career or category of functional complexity greater than that of the defendant or, if impossible, with higher seniority in the same position or in career or category of functional complexity identical or in the exercise of public functions , preferring those who have adequate legal training. 2-In justified cases, the authority referred to in the preceding paragraph may request the respective maximum leader instructor's appointment of another agency or service. 3-the instructor can choose your trusted Secretary, whose nomination it is the entity that appointed him, and request the collaboration of technicians. 4-instructional functions prefer to any other that the instructor has your Office, getting exclusively belongs to those. 36 Article 43 1 instructor's Suspicion-the defendant and the participant can deduce the suspicion of the instructor of the disciplinary proceedings when it occurs because of circumstances which may reasonably suspect of your exemption and the strength of your conduct, namely:) When the instructor has been directly or indirectly affected by the infringement; (b)) When the instructor is relative in a straight line, or up to the third degree in the collateral line, the defendant, the participant or any worker or particularly offended, or someone who, with those individuals, live in common economy; c) When is pending judicial process in that the instructor and the defendant or the participant are actors; d) When the creditor or debtor is instructor of the accused or the end or your relative in a straight line or up to the third degree in the collateral line; and when there is severe or enmity) great intimacy between the defendant and the instructor or between this and the participant or the offended. 2-the entity that sent the disciplinary procedure should be introduced in order to decide, within a maximum of 48 hours.
Article 44 the instructor to take precautionary measures, since your appointment, appropriate measures to ensure that no one can alter the State of facts and documents in it was discovered or presumed to exist some irregularity, or subtract the evidence of this. 37 article 45 preventive suspension 1-the defendant may be, on a proposal from the entity that has established the disciplinary procedure or the instructor, and by order of the maximum leader of the agency or service, preventively suspended from duty without loss of remuneration basis, until the decision procedure, but for a period not exceeding 90 days, where your presence is inconvenient for the service or for the establishment of the truth. 2-the suspension provided for in the preceding paragraph may only take place in case of infringement punishable by a penalty of suspension or higher. 3-notification of preventive suspension is accompanied by an indication, albeit generic, of the offence or offences of which the worker is accused.
Article 46 1 process instruction-the instructor makes the order process with the participation or complaint and initiate the instruction, listening to the end, witnesses for this indicated that it deems necessary and by examinations and more diligence that may clarify the truth and making the record the registration certificate of the accused disciplinary. 2-the instructor hears the defendant, at the request of this and whenever convenient to understand if finalizing the statement, and you can also acareá it with witnesses or with the participant. 3-during the instruction, the defendant can apply to the instructor that promotes efforts to have competence and considered by that essential for establishment of truth. 4-When the instructor judge enough evidence produced, can reject the application referred to in the preceding paragraph. 38 5-steps that have to be made out of place where run the disciplinary proceedings can be ordered to the respective administrative authority or police officer. 6-during the instruction, and to the preparation of the final report, may be heard, at the request of the defendant, representatives of the Trade Union Association to which it belongs. Article 47 Witnesses in phase 1-statement in the procedure the number of witnesses is unlimited. 2-is applicable to cross-examination of witnesses pursuant to paragraphs 4 and 5 of the preceding article.
Article 48 Term of instruction 1-Complete the statement, when the instructor is satisfied that the facts contained in the record shall not constitute disciplinary offence, which was not the accused of the offence or that agent is not to require disciplinary responsibility by virtue of prescription or another reason, shall, within five days, your final report, which refers to the entity that had set up with archiving proposal. 2-if not, deduct, articulately, within ten days, the prosecution. 3-the indictment contains a statement of the facts of the same, as well as the circumstances of time, place and mode of the practice of the infringement and of the mitigating and aggravating that integrate, adding always the reference to respective legal precepts and the applicable penalties.
39 subsection III Stage of the accused's defence article 49 notification of charge 1-the prosecution extracted copy, within 48 hours, to be delivered to the defendant by personal service or not this possible, by registered letter with acknowledgement of receipt, marking a period between 10 and 20 days to submit your written defence. 2-When it is not possible the notification pursuant to paragraph 1, in particular because it is unknown the whereabouts of the accused, is published notice in the 2nd series of the Diário da República, notifying you to present your defense in a period of not less than 30 nor more than 60 days from the date of publication. 3-the warning should only contain a statement that is pending against the defendant disciplinary procedure and the deadline to submit your defense. 4-When the process is complex, the number and nature of infringements or span multiple defendants, and preceding authorisation of instituting the procedure, sent instructor can grant period higher than no. 1, up to a maximum of 60 days. 5-when they are capable of being applied the penalties of dismissal, dismissal due to the fault of the employee or of cessation of service, this is one of those accessory or, in any case, when the employee is not entitled to have legal relationship of public job created in different mode, a copy of the charge is also posted, within the period referred to in paragraph 1 to the respective workers. 6-in the case referred to in the preceding paragraph, when the defendant is a Union representative is still posted copy of arraignment to the Union Association. 40 7-the shipment of copy of arraignment under paragraphs 5 and 6 has no place when the defendant the she was opposite in writing during the phase of instruction.
Article 50 physical or mental Incapacity 1-When the defendant is unable to organise your defence by reason of illness or physical disability duly proven, may appoint a representative specially mandated for this purpose. 2-When the defendant cannot exercise the right referred to in the preceding paragraph, the instructor shall appoint him immediately a curator, preferring the person to whom the authority would in the case of prohibition, in accordance with civil law. 3-the appointment referred to in the preceding paragraph is restricted to the disciplinary procedure, and the delegate use of all means of defence available to the accused. 4-When the instructor has doubts as to whether the accused's mental state to organise your defence inhibits prompts a psychiatric expertise in accordance with paragraph 6 of article 159 of the code of criminal procedure, apply mutatis mutandis. 5-psychiatric expertise can also be requested in accordance with paragraph 7 of article 159 of the code of criminal procedure, apply mutatis mutandis.
Article 51 examination of process and presentation of Defense 1-Without prejudice to the provisions of the following article, during the period for presentation of the defense, can the defendant or your representative or curator referred to in the previous article, as well as the lawyer for any of them, examine the process at any time of day. 2-the response is signed by the defendant or by any of its representatives referred to above and is presented at the place where the procedure has been introduced. 41 3-When shipped by mail, the answer shall be deemed to have been presented on the date of your expedition. 4-In reply the defendant exposes with clarity and conciseness the facts and the reasons for your defense. 5-the answer to reveal or translates into strange offences the prosecution, and that interest to defense is assessed, drawing her birth certificate which shall be considered as participation for the purposes of the new procedure. 6-With the answer the defendant may submit the laundry list of witnesses and gathering documents, requiring any endeavours. 7-the lack of reply within the deadline as the accused's actual audience for all legal purposes.
Article 52 of the Trust the process process can be entrusted to the lawyer of the accused, in accordance with and under the making provision provided for in articles 169 to 171 of the code of Civil procedure, apply mutatis mutandis.
Article 53 production of evidence offered by defendant 1-the steps required by the defendant may be rejected in order of the instructor when manifestly unnecessary and impertinent. 2-cannot be heard more than three witnesses for each fact, and who do not reside in the place where the process, when the defendant undertakes not to introduce them, be heard by any administrative authority request. 3-the instructor can refuse cross-examination of witnesses when you consider sufficiently proven the facts alleged by the defendant. 42 4-the authority who requested the inquiry, in accordance with the final part of paragraph 2, may designate ad hoc instructor for the Act required. 5-steps to cross-examination of witnesses are always notified to the defendant. 6-applies to the inquiry referred to in the last part of paragraph 2, with the necessary adaptations, the provisions of articles 111 et seq. of the code of criminal procedure. 7-the lawyer of the accused can be present and intervene in cross examination of witnesses. 8-the instructor asks the witnesses and gathers the other evidence offered by defendant within 20 days, which may be extended by order, until 40 days when the require the diligence referred to in the last part of paragraph 2. 9-after the production of the evidence offered by the accused, may also order, in order, new representations which are indispensable for the full clarification of the truth. Subsection IV final report phase article 54 1 instructor-final report after the Defense phase of the accused, the instructor shall, within five days, a final report complete and concise where stating the material existence of faults, your qualification and gravity, sums that may be reset and your destination and the pity who understands fair or the proposal for the record if archive for being ineffectual the prosecution in particular by the accused's disclaimer. 2-the competent authority to the decision may, when the complexity of the case requires it, extend the period specified in the preceding paragraph up to a maximum total of 20 days. 43 3-the process, once reported, is sent within 24 hours to the entity that had set up, which, when it is not competent to decide, the sends in two days who should issue the decision. 4-When the application is proposed punishments of dismissal, dismissal due to the fault of the employee or of cessation of service, this is one of those accessory or, in any case, when the employee is not entitled to have legal relationship of public job created in different mode, the competent authority for the decision presents the process for full copy to the workers, and when the defendant is a Union representative, to the respective trade union association, which may, within five days, join your reasoned opinion. 5-is correspondingly applicable the provisions of paragraph 7 of article 49 Subsection V disciplinary decision phase and your implementation article 55 1 Decision-by the opinion referred to in paragraph 4 of the preceding article, or upon expiry of the time for this purpose, where appropriate, the competent entity examines the process, agreeing with the conclusions of the final report and can order new steps , to be held within that for such a setting. 2-before the decision, the competent authority may request or determine the issue within 10 days, opinion by the defendant's immediate superior or organic units of the agency or service to which it belongs. 3-the order to order the new arrangements or request an opinion is delivered within a maximum of thirty days from the date of receipt of the process. 44 4-the decision of the procedure is always grounded when not compliant with the proposal formulated in the final report of the instructor, being rendered within thirty days of the following dates: a) The reception of the process, when the competent authority to punish agrees with the conclusions of the final report; b) within that mark, when order new steps; (c)) the expiry of the deadline for an opinion. 5-in the decision cannot be relied on facts not contained in the charge or referred to in the response of the defendant, except delete, dirimam or mitigate the your responsibility to discipline. 6-non-observance of the periods referred to in paragraphs 3 and 4 determine the expiry of the right of punishment.
Article 56 plurality of defendants-1 When several employees are accused of the same fact or facts related to each other, the entity that has the authority to punish the Office worker or careers or category of complexity superior functional decides for all defendants. 2-When the defendants are holders of the same job or career or category of identical functional complexity, the decision shall be borne by the entity that has the authority to punish the defendant with higher seniority in the exercise of public functions.
Article 57 notification of decision 1-the decision is notified to the defendant, in accordance, mutatis mutandis, the provisions of article 49 45 2-the entity that has decided the procedure may allow the defendant to be postponed by a maximum of 30 days in the case of penalty involving suspension or termination of service by the offender provided that the implementation of disciplinary decision resulting for the most serious drawbacks service than those arising from the worker punished in the performance of their duties. 3-on the date on which the notification is made to the defendant is also notified the instructor and participant since has required. 4-When the proceedings have been filed in accordance with and for the purposes of paragraph 4 of article 54, the decision is also communicated to the workers and the Trade Union Association.
Article 58 early effect of decisions applying disciplinary sentences do not require publication, beginning to produce its legal effects on the day following that of notification of the accused or may not be notified 15 days after the publication of notice under paragraph 2 of article 49 Subsection VI Appeals article 59 impugnatórios Means the acts delivered in disciplinary proceedings may be challenged or hierarchical tutelarmente in accordance with articles 60 to 62 and the code of administrative procedure, or jurisdictionally, pursuant to articles 63 to 65 and the code of procedure in administrative courts. 46 article 60 hierarchical Feature or 1-the accused and safeguard the participant may appeal or tutelary of the hierarchical orders and decisions which are not mere hours delivered by the instructor or by superiors. 2-the appeal comes directly to the Member of the Government within 15 days from the notification of the order or decision or twenty days as of the publication of the notice referred to in paragraph 2 of article 49-3 When the order or decision has been notified or when it has not been published notice, the period is counted from the knowledge of the order or decision. 4-tiered or protect feature suspends the validity of the order or decision defendants, except when your author consider that not your immediate cause serious injury to the public interest. 5-the Member of the Government may revoke the decision of suspension not referred to in the preceding paragraph or take it when the author of the order or of the decision the defendants didn't do. 6-in the local authorities, associations and federations of municipalities, as well as in local authority services, there is no way to appeal. 7-the sentence can be aggravated or replaced by more serious penalty only as a result of an action by the participant.
Article 61 Other evidence 1-With the requirement of filing of the application, the applicant may request new evidence or documents to understand convenient, since they couldn't have been required or used in due time. 47 2-the Member of the Government may also order new steps probative. 3-the steps referred to in the previous paragraphs are permitted or certain within five days, begin in identical time and conclude within the Government understand.
Article 62 1 resources rise scheme-Without prejudice to the provisions of paragraph 4 of article 37 and in the following paragraphs, the capabilities of the orders or decisions which do not halt the procedure go up only with the final decision, when it escalates. 2-Rise immediately in the record the hierarchical resources or that getting retained tutelary lose therefore the useful effect. 3-goes up immediately in the record the hierarchical feature or brought the order to protect won't admit the deduction of suspicion of the instructor or do not accept the pleas in law to the same.
Article 63 renovation of disciplinary procedure 1-When the Act of punishment have been jurisdictionally challenged on the grounds of infringement of an essential formality to the course of the disciplinary proceedings, the disciplinary procedure may be renewed until the end of the period to contest the court action. 2-the provisions of the preceding paragraph is only applicable when, cumulatively: a) the time limit referred to in paragraph 1 of article 6 is not yet elapsed at the date of renewal of the procedure; 48 b) the Foundation of impeachment has not been previously assessed in hierarchical or protect feature that has been rejected; and (c)) to be the first time that operates the renewal procedure.
Article 64 effects of invalidity 1-When was jurisdictionally annulled or declared invalid or nonexistent application of penalties act of resignation, dismissal due to the fault of the employee or of cessation of service, this is one of those accessory or, in any case, when the employee is not entitled to have legal relationship of public job created in different mode , the agency or service is sentenced: a) to compensate the employee for all damages, sheet and sheet not caused; (b)) to the payment of a compensation to the employee, determined in accordance with the following paragraphs; and (c)) the reconstitution of the legal situation-current hypothetical worker functional. 2-For the purposes of paragraph b) of the preceding paragraph, the employee is entitled to the remuneration that is paid from the effective date of the Act of punishment to the traffic court decision has become final. 3-the amount determined in accordance with the preceding paragraph there shall be deducted the amount that the employee has proven to be obtained with the termination of the legal relationship of public job wouldn't get if it wasn't the penalty applied. 4-the amount of the unemployment benefit eventually received by the employee is deducted in compensation, and the organ or service to deliver that amount to social security. 5-is also deducted the compensation the amount of remuneration for the period from the effective date of the Act of punishment until 30 49 days before the date of your court challenging that, when this has not taken place within 30 days of that effective date.
Article 65 Compensation instead of reconstruction of situation 1-When was jurisdictionally challenged the application of penalties act of resignation, dismissal due to the fault of the employee or of cessation of service, this is one of those accessory or, in any case, when the employee is not entitled to have legal relationship of public job created in different mode the worker, to the date of the decision and in the event that this void or declared null or non-existent that Act, can opt, as an alternative to reconstruction of your legal situation-current hypothetical functional for receiving compensation. 2-in the absence of collective labour regulation instrument on compensation, on the other hand, has the following amount may be added: the basic monthly remuneration) for each full year, or their ratio in the case of fraction of a year, the performance of public functions, when the penalty of dismissal or dismissal due to the fault of the worker; (b) a monthly base remuneration) for each full month, or their ratio in the case of fraction of a month, missing for the term of service, when the penalty is the Commission service cessation. 3-the time elapsed since the effective date of the sentence until the final court decision transit is considered exercise of public functions for the purposes of point (a)) of the preceding paragraph. 4-In any case, the compensation referred to in point (a)) of paragraph 2 is no less than six monthly base pay and referred to in subparagraph (b)) of the same number to three. 5-the option pursuant to the preceding paragraphs, the court sentences the agency or service in accordance. 50 section III special Disciplinary Procedure Subsection I of investigation and inquiry Processes article 66 investigation and inquiry 1-members of the Government and maximum leaders of agencies or services may order inquiries or sindicâncias bodies, services or units in your organic dependence or subject to your supervision or guardianship. 2-the inquiry is to ascertain certain facts and the inquiry is intended for a general inquiry about the functioning of the organ, agency or organic unit.
Article 67 ads and notices 1-in the process of inquiry, sindicante, as soon as he start, does it appear for ads published in two newspapers, a national expansion and other regional expansion, and by means of notices, whose display is requested police or administrative authorities. 2-advertisements and notices stated that any person who has complaints or grievance against the proper functioning of the bodies, services or organic units can present to the syndicated sindicante, within designated, or to file a complaint in writing and by mail. 3- The complaint in writing contains the complete elements of identification of the complainant. 4-within 48 hours after receipt of the complaint, the complainant notifies sindicante, marking her day, time and place to testify. 51 5-the publication of notices in the press is mandatory for the periodicals to be sent, by applying, in the case of refusal, the penalty for the crime of qualified disobedience, being the expenditure that give cause for the purposes documented by sindicante.
Article 68 report and subsequent proceedings 1-Complete the statement, the Enquirer or sindicante shall, within 10 days, your report, which refers to the entity that sent initiate the procedure. 2-the period prescribed in the preceding paragraph may be extended by the entity that sent to establish the procedure up to a maximum, non-extendable, 30 days, when the complexity of the case so warrants. 3-Verifying the existence of disciplinary offences, the entity that established the procedures it establishes the disciplinary procedures that there is place. 4-the process of investigation or inquiry may be, by decision of the authority referred to in paragraph 2, the statement of the disciplinary procedure, deducting the instructor, within 48 hours, the prosecution of the defendant or the defendants, followed by other terms provided for in this Statute. 5-in the processes of inquiry the workers concerned may, at any time, be a lawyer. Subsection II article 69 investigations process Introduction 1-When an employee appointed or not holder of Office Manager or equated, exercising their functions in service has obtained 2 52 consecutive negative performance evaluations, the maximum leader of the agency or service establishes compulsory and immediately investigation process, without prejudice to the decisions which should take regarding the professional development plan and the best use of the capabilities of the worker by identifying, for the effect, the corresponding training needs. 2-the process of investigation is intended to determine whether the performance justified those reviews poses disciplinary infringement attributable to the fault of a worker evaluated by functional duties, including the duty of care. 3-is the cause of exclusion of the culpability of violation of duties not functional training frequency, or frequency of inadequate training, at first negative evaluation of the worker. 4-the investigation procedure prescribes within three months from the date on which it was established when, within that period, has not taken place the receipt of the final report by the competent authority. 5-is correspondingly applicable pursuant to paragraphs 7 and 8 of article 6 6-When, in the process of investigation, be detected evidence of violation of other functional duties by any actors in the process of assessing the performance, the instructor takes part to the maximum leader of the agency or service for the purposes of eventual introduction of the corresponding investigation or disciplinary procedure.
Article 70 Processing 1-the maximum leader of the agency or service names the averiguante of leaders who, preferably, have never assessed the employee. 2-the averiguante brings together all documents relating to evaluations and training attended and listen, the worker and all reviewers who have had intervention in negative ratings. 53 3-when an evaluator may not be heard, the averiguante justifies in detail that in the final report referring to and documenting, among other things, all the efforts made to achieve this. 4-the worker can indicate a maximum of three witnesses, that the averiguante look, and join documents until the end of the statement. 5-all to use its steps are completed within twenty days as of the date of initiation of the procedure, which is communicated to the maximum leader of the agency or service and to the employee.
Article 71 and 1-decision Report within ten days as of the date of completion of the statement, the averiguante shall prepare the final report, which refers to the maximum leader of the agency or service in which you can propose: a) a dismissal when understand that there should be no place the disciplinary procedure for absence of violation of functional duties; b) disciplinary proceedings for breach of duties. 2-When the maximum leader of the agency or service has been one of the evaluators of the worker, the case is referred to the Government for decision. 3-the provisions of the preceding paragraph shall not apply in the local authorities, associations and federations of municipalities, as well as in local authority services. 4-the enquiry procedure shall apply, mutatis mutandis, the provisions of paragraphs 4 and 5 of article 68 5-proposed disciplinary proceedings, the offence or offences committed shall be considered, for all legal purposes, and in particular those laid down in article 6, the date of that proposal. 54 Subsection (III) review of disciplinary procedure article 72 review Requirements 1-review of the disciplinary procedure is allowed at all times when circumstances or evidence which may demonstrate the absence of the facts that led to the conviction, since they could not have been used by the worker in the disciplinary procedure. 2-the simple illegality, or form, of the procedure and of the disciplinary decision does not constitute grounds for review. 3-the review may result in the revocation or amendment of the decision on the revised procedure cannot under any circumstances be made worse off. 4-the pendency of hierarchical resource or action or judicial protection is without prejudice to the application of review of the disciplinary procedure.
Article 73 1 Legitimacy-the person concerned in the review of the disciplinary procedure or, in the cases referred to in paragraph 1 of article 50, the representative presents your request in this sense to the entity that has applied the disciplinary penalty. 2-the application indicates the circumstances or evidence not considered in a disciplinary procedure which the applicant appear to justify the review and is accompanied by the documents indispensable. 55 article 74 decision on the application 1-Received the request, the entity that has applied to disciplinary penalty resolves within 30 days, whether or not be granted to the review procedure. 2-the order does not grant review is reviewable under the code of procedure in administrative courts.
Article 75 Procedures When the review is granted, the application and the order are attached to the disciplinary process, naming it if different from the first instructor, which marks the worker not less than ten nor more than 20 days to respond in writing to articles of accusation in the review procedure, followed by the terms of articles 49 and following.
76 effect on the fulfilment of the penalty the revision process of the procedure does not suspend the enforcement of penalty.
Article 77 effects of review upheld 1-judging if well founded the review, is repealed or amended the decision on the revised procedure. 2-the withdrawal produces the following effects: a) cancellation of the registration of the individual worker process; 56 b) invalidation of the effects of the sentence. 3-in the event of the withdrawal or modification of the penalties of dismissal or dismissal due to the fault of the employee, the employee is entitled to restore the legal relationship of public employment in the mode it was constituted. 4-In any case of revocation or amendment, the employee is still entitled to: a) reconstitute the legal situation-current hypothetical functional;
b) be compensated, in accordance with law, for damages suffered and heritage. Section IV article 78 Rehabilitation Scheme 1-workers condemned in any feathers can be rehabilitated regardless of the review of the disciplinary procedure, where the entity responsible for the implementation of the sentence. 2-rehabilitation is granted to those who have deserved it by your conduct, and the interested use to verify all the evidence admitted in law. 3-rehabilitation is required by the worker or by your representative, within the following time limits on the application of the penalties of written censure, resignation, dismissal due to the fault of the employee and the Commission service cessation or about compliance with the feathers of a fine and suspension, as well as over the course of the time of suspension of any penalty: a) six months in the case of written censure; (b)) A year, in the case of fine; 57 c) Two years in the case of suspension and termination of service; d) Three years, in the case of resignation and dismissal due to the fault of the worker. 4-the rehab he maketh the disabilities and other effects of the conviction still subsisting, being recorded in the personal file of the employee. 5-the granting of rehabilitation does not assign to the employee who has been applied the penalty of dismissal or dismissal due to the fault of the worker the right to consequently reinstate the legal relationship of public job previously set up.
Chapter VII Penalties Article 79 destination of fines Without prejudice to the provisions of the following article, the fines imposed in accordance with this Statute constitute State revenue.
Article 80 other destinations of the importance of the fines imposed is recipe of organs or services referred to in paragraphs 2 and 3 of article 2 when the worker, at the time of the practice of infringement, exercise functions, whatever your legal situation-functional at the time of application. Article 81 No voluntary payment 1-When the defendant sentenced to a fine or to replace any amount not pay within 30 days of notification, or do not use, for the fine or to spare, the option provided for in article 38 of Decree-Law No. 155/92, of 58 28 July, its importance is deducted on remuneration that is due. 2-the discount provided for in the preceding paragraph shall be made in monthly instalments not exceeding the sixth part of the compensation, at the discretion of the entity that applied the penalty, which fixed the value of each instalment.
Article 82 Implementing 1-the provisions of the previous article shall be without prejudice to, when necessary, the execution, which follows the terms of the tax foreclosure process. 2-the instrument is the certificate of judgment.
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