Adopting The Regime Of Employment Contract In Public Functions

Original Language Title: Aprova o Regime do Contrato de Trabalho em Funções Públicas

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449774f5331594c6d527659773d3d&fich=ppl209-X.doc&Inline=false

1 PROPOSAL of law No. 209/X explanatory memorandum this proposal of law intends to approve the Regime of employment contract in Public Functions (RCTFP), following very closely the regime laid down in the labour code, approved by law No. 99/2003 of 27 August, and its regulations, contained in Act No. 35/2004, of 29 July , which follows from the aim of the work on Public Administration to common labour regime. However, and of course, the application of those legal texts to work contracts in public functions is made with the adjustments imposed by the nature of these contracts and, in particular, for its subordination to the public interest, and the specificities arising from the employer be an organ or public administration service. Of course, the Government has in mind that almost simultaneously, the negotiating process and the revision of the current legislation aimed at the labour code and that of the amendments thereto, will result in revisions diploma now. The reform of the binding schemes, careers and pay of employees of the public administration, implemented with the publication of law No 12-A/2008, of 27 February, is based primarily on the fact that the previously existing solutions in those areas did not correspond to the requirements already imposed by a good organization and management of public resources and to new demands placed by the Portuguese society. 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. The law No 12-A/2008, of 27 February, that defines and regulates the binding schemes, of 2 careers and remuneration of workers who exercise public functions, establishes two ways of linking public employment: the appointment-reserved for workers responsible for the fulfillment or performance of duties, responsibilities and activities relating to missions of the armed forces in permanent tables , external representation of the State, security information, criminal investigation, public security and inspection – and the employment contract in public functions – which happens to be the binding rule in public administration. The RCTFP that now presents itself draws on the following fundamental concerns:  approach to common labour scheme;  combating situations of precariousness in the field of employment;  maintenance and strengthening the rights of workers;  creation of conditions for the development of collective bargaining in public administration;  Consecration of a clear legal framework of intervention of the unions and of the action of their leaders. It must therefore approve the RCTFP, that, in the development of law No 12-A/2008, of 27 February, adhere, in matters not regulated by this, the legal relations of public employment in contract mode. The RCTFP is, as already mentioned, the labour code and by regulation, apply with the necessary adaptations set out in articles 2 to 10 of this Bill, and if chosen, for readability and comprehension of texts resulting from the adjustments introduced by those provisions, be published in annex.

3 are maintained as a source of law, applicable to contracts of work now ' in public ' functions, the collective labour regulation instruments-but not labour-uses, what constitutes a major change in the field of legal relations of public employment, today characterized by their nature exclusively Office and therefore immune to conventional forms of collective auto render working conditions. Now, having adopted the employment contract as the mode-binding rule on Public Administration shall ensure the workers who exercise public functions in contract, the exercise of the right of collective bargaining. It is, however, changed the typology of collective labour regulation instruments provided for in the labour code. Thus, as regards the collective labour regulation instruments negotiated in collective agreements are provided for by collective agreements, which, in turn, can be career when collective agreements applicable to a career or a set of careers, regardless of the bodies or services where workers integrated in them serving, or collective agreements public employer When applying to a public employer, with or without legal personality-while the other collective labour regulation instruments negotiated provided for in the labour code, the accession agreement and the decision to voluntary arbitration. In respect of collective labour regulation instruments negotiating not persisted only the extension regulation. Deviates from the regulation of minimum conditions, by understanding that the establishment of legal standards in the field of Public Administration labour should not be made unilaterally by the Administration, by non-legislative acts. We must, in fact, distinguish between extension regulations, which limit themselves to extend the scope of a collective labour agreement, not creating new standards, and minimum conditions regulations (in the terminology prior to the labour code, the labour regulatory Ordinances) that have environmental normative and not have any relationship with collective regulatory instruments of 4 previous work. If, as the first, there seems to be no reason not to keep them as a source of law of the RCTFP, already about the seconds it is assessed that his prediction in the context of legal relations of public employment would not be constitutionally permissible. Also deviates from the binding arbitration, which have raised large reserves for a restriction of the right to collective bargaining. As regards the relationship between the law and the collective labour regulation instruments, we opted for stating the rule that the collective labour regulation instruments can depart from the norms of the RCTFP, since those to establish more favourable conditions for the worker and the RCTFP doesn't work that they cannot be removed. As for the contract of employment ' in public ' functions, and, although the impossibility of, by agreement, be apart of RCTFP standards and of collective labour regulation instruments, allows that this has, in an innovative way, about matters not regulated by those or on matters in which they grant that permission on the terms and limits laid down by them and always more favourable to the worker. The requirement of written form already scheduled for the labor contract in public legal persons by the law No. 23/2004, of June 22. The reduction to written contracts concluded within the framework of the public administration results, not just legal security imperatives, but also of the principle of legality that guides all administrative activity. The requirement of written form still follows the inadmissibility of legal relations of public employment, entitled by contract, as a result of mere factual situations or irregular situations – as a result of the exercise of subordinate work not formalized or improperly qualified under contract to provide services, as well as non-admission of the figure of the ' assimilated ' contracts. It should be noted however that the absence of elements 5 essential contract ceases to determine nullity – especially onerous sanction for the worker – and make the correct revision. As already lays down the law No 12-A/2008, of 27 February, the employment contract is, as a rule, be concluded for an unlimited period. The fixed term contract resolutivo is the exception. So keep the special rules applicable to the employment contract the term resolutivo provided for in law No. 23/2004, of June 22, aimed essentially to adapt the system of hiring the term within the Public Administration to the requirements of public interest and, above all, conform to that regime with the constitutional right of ' access to public service, in conditions of equality and freedom generally via contest». Thus, the employment contract in public functions resolutivo term can only be used in situations not expressly provided for in RCTFP, has qualified requirements in order, is not subject to automatic renewal, getting senile at the end of the period laid down, and not convert, on contract for an indefinite period. However, in this area, are two steps more relevant in combating insecurity in public employment. On the one hand, the fixed-term contract is the maximum duration of three years, including renewals, without prejudice to the provisions laid down in law, for very specific situations that will consecrate. On the other, establishes, in an interim standard that for the existing contracts which involve renovation lasting more than five years, in certain situations, services are obliged to publicise of tendering for the recruitment of workers with an employment relationship for an indefinite period. The fixed-term contract cannot, under any circumstances, be converted into indefinite contract, as has been said above. However, in the RCTFP that now presents itself, it is expected that the worker employed the term applying to advertised recruitment tendering during the execution of the contract or up to 90 days after the termination of the same preference in case of equality of rank. Keep-as, indeed, had already been announced-the limits on the duration of work in Public Administration, by which, as a rule, the normal working period 6 not exceed 7 hours a day or 35 hours a week. Keep-if the limits on the duration of the overtime work – 100 hours of work per year and 2 hours a day's work, as well as the duration of the holiday period of workers today have the quality of employee and agent-25 working days of vacation, being this period increased progressively in accordance with the age and seniority of the employee. In all other matters concerning the length and organisation of working time following are the solutions of the labour code, particularly with regard to the adaptability of timetables, but also with regard to part-time work, in this case without limits, or telecommuting, which today are not allowed within Public Administration. Being applicable to directors and other positions not inserted into careers the Commission scheme of service that is provided for in articles 23 and 24 of the law No 12-A/2008, of 27 February, is away the Commission scheme of service laid down in the labour code, the status of Personnel to all workers who carry out public functions , linked by appointment and by contract, with the same collection of rights and duties when in Office. The scheme for accidents at work and occupational diseases today in force in public administration, by changing the scope of Decree-Law No. 503/99, of 20 November, which regulates this matter, to cover not only the designated employees and agents, but all workers who carry out public functions, irrespective of their mode of formation of the legal relationship of public employment. In fact, there are no reasons that justify the award to employers of public responsibility for repairing the damages of accidents at work and occupational diseases, in the case of workers appointed, and the transfer of responsibility for insurers, in the case of workers hired. The option for maintaining the principle of non-transference of 7 liability for insurers – as a general principle, because the possibility of transfer of responsibility in duly justified cases, provided that this is more advantageous-is still justified by the reduced number, especially if compared with other sectors of activity, from industrial accidents that occurred within the Public Administration. It is therefore a solution more favorable to workers and more favorable to employers. Away from the norms of the labour code as regards mobility, applying to all workers performing public functions, in the mode of appointment or contract, the provisions on General mobility referred to in law No 12-A/2008, of 27 February. Ensures that, in case of reorganization of bodies or services with transfer of its attributions or competencies, work contracts are transmitted to the organ or System Integrator service of those attributions or competencies, without prejudice to the subsequent rationalization of manpower, safeguarding, ab initio, the legal position of workers, which is not played solely by virtue of the change of employer. It should be noted the non-inclusion in the RCTFP of the temporary reduction of the normal work period or suspension of contract due for the employer, in particular for structural reasons, clearly not technology or adapt to specific features of public services. Provides for the possibility of reducing the normal working period or suspension of the contract when the temporary, partial or total impossibility, providing work for fact on the worker and the agreement of the parties. Can still justify the adoption of those measures the conclusion between the worker and the public employer, a retirement agreement. With regard to strengthening and safeguarding the rights of employees highlight among other situations:  8 extending the provision of work, in conditions of exemption, is limited to 2 hours per day or 10 hours per week;  recognition of the right of part-time worker the compensatory supplements and performance awards;  Enlargement of the justification of fouls to the family;  expresses the Forecast right to occupation of the workstation of employee on leave which have been recognized in the public interest;  Relevance of time effects license retirement pension and social benefits in the case of license for public interest;  Elimination of limits of part-time work;  determination that the non-fulfilment of objectives in situations of inadequate is checked pursuant to the STORY. In the area of causes of termination of employment, away from the provisions of the Labour Code concerning dismissal due to the fault of the employee, by applying to workers hired as employees appointed, the Disciplinary Status of workers performing Public Functions. This ensures that all workers performing public functions, whatever the mode of Constitution of their legal relationship of public employment, shall be subject to the same duties and, essentially, the same disciplinary procedures and sanctions. Away from the provisions of the Labour Code relating to collective redundancies and redundancy for the termination of job, keeping the system in force in this field, as provided for in law No. 23/2004, of June 22.

As for the scheme of the legitimacy of unions for collective agreements provided for in article 540 of the code, place some changes that matter substantiate 9. Paragraph 3 of article 56 of the Constitution prayed, in its original version, that "it is up to the unions to exercise the right to collective bargaining". Such a provision, as follows absolutely, especially when combined with the subsequent paragraph 4 (which then said "the law establishes the rules on competence for the conclusion of collective labour agreements, as well as the effectiveness of the rules"), came to raise numerous questions between the commentators and the doctrine that pored over the subject. Predicted they, generally (and for that matter to us), that some problems have occurred in the implementation of collective bargaining for, apparently, the best normative sense to give to those constitutional provisions be that the legislature would not ordinary legitimized to, in any way, condition the exercise of the right of collective bargaining, except as regards two aspects mentioned in paragraph 4 , none of which interpreted to allow intervention in collective agreements only certain unions on the basis of certain legitimacy or representativeness. The constitutional amendment of 1982 changed the data of the issue so that even today remains: indeed, in addition to add to paragraph 3, the words ", which is guaranteed under the law", in paragraph 4, the term "competence" for "legitimacy". Such modifications changed completely the understanding that, then (even if, somehow, dubitativo as to the effectiveness of its operation), was practically unanimous. In fact, if you have creased, in paragraph 3, the guarantee of the exercise of the right of collective bargaining, went on to authorize that the ordinary legislator as (without calling into question, of course, the essential core of this right). Similarly, and in the same line of thought, in paragraph 4, taking advantage of the limited field it conferred the freedom of ordinary conformation of the right to collective bargaining, came to admit, with the modification that introduced, that the legislature had, for the moment of conclusion of collective agreements, on the legitimacy of some (and, of course, about the illegitimacy of other) 10 trade unions. Therefore, it seems to be clear that the exercise of the right of collective bargaining has ceased to be absolute (at least as long as the face of the original wording was qualified of the Constitution) to be constitutionally permissible to their conformation and, eventually, your conditioning for the ordinary legislator. Being, however, a right kind of rights, freedoms and guarantees, is subject to the discipline of article 18 of the Constitution, although not in tool shed of the laws that impose restrictions on rights, once it comes, the final of a conformation of the exercise of a right, not a restriction. In any case, such a conformation will necessarily observe the subprincípios necessity, adequacy and proportionality (in the strict sense). Well, that's exactly what happens with the regime laid down in the spoken article 540 when gives legitimacy to the conclusion of collective agreements to trade union confederations and unions which satisfy certain criteria of representativity. General careers are common to all agencies and services and include the dozens the number of trade union associations formed to represent the employees. Admit the legitimacy for collective agreements to all these associations would, in practice, to undermine his own right to collective bargaining since, of course, beyond the blur at the time so extended negotiations would produce, it would become impossible to get a consensus among each and every one of them, taken from "per se" on the one hand, and between them and employers on the other public, for each of the clauses to be negotiated. And this is all the more so as it becomes imperative, in obedience to the constitutional principles of equality and the pursuit of the public interest – this in terms of sound management of available resources, to ensure uniform application of the working conditions of all workers, regardless of their trade union membership. The legislative option, in this order of ideas, tended to give legitimacy to the collective agreements, in the context of General careers at 11 trade union confederations and unions particularly representative, exact extent that represent the highest level – and also, rightly, that promotes a smaller number of workers ' representatives – partners of the trade union organization or present significant level of representativeness and therefore one in which becomes more feasible to achieve consensus among them and with employers. Is thus justified the absolute necessity of this solution, precisely so that the right to collective bargaining is likely to practical exercise, which would not occur if all unions, hold legitimacy for this purpose. At the same time if the suitability of the solution as it is expected that, contrary to what has been happening today, so we can conclude collective agreements at the same time, defend the interests of workers and protect the public interest. Finally, the proportionality (in the strict sense) is immediately safeguarded by articles 552.º and 554.º of the exact Code in so far as one of them follows the inapplicability of the agreements for workers not represented by unions contributors of the agreements, as well as the possibility to make them inapplicable by leave. In the case of special careers article 540 follows the same criteria for attribution of legitimacy for collective agreements, which are extended when an agreement is concerned public employer. Worth while, also here, woven considerations regarding general careers – and therefore also those relating to compliance with the subprincípios of the need, appropriateness and proportionality (in the strict sense)-, understand that the negotiation itself could be enriched with the wider participation of trade union associations, since, in the case of careers or services with different specificities , it would be useful to consider the considerations that may be set out by the Trade Union representative associations, as well as obtain their agreement on conclusion of collective agreements. And all this, it should be noted, without pinching the essentials of those subprincípios, even if you recognize a lower efficiency in achieving the goals that qualified 12 aqueloutra solution as necessary and appropriate. It should be noted, however, that if you know that this issue is inevitably in the field of freedom of conformation of the ordinary legislator. Fixed a new discipline in respect of rights of trade unions leaders, inspired by the solutions of the labour code but adapted to the specific needs of government organizations. Give greater emphasis to the role of unions in relevant domains of the life and services of human resources management, in particular when it comes to crafting and cessation of fixed-term employment contracts, dismissal for inability, the elaboration of internal regulations of services and holiday maps, in the absence of agreement. Finally, this ensures the application to collective labour conflicts within the Public Administration, in particular those arising from the conclusion or revision of a collective labour agreement, the collective conflict resolution mechanisms provided for in the labour code, including conciliation, mediation and voluntary arbitration. Establishes an arbitration scheme necessary to the expiry of collective agreements. We opted for the removal of all the book II of the labour code, which deals with the administrative and criminal responsibility in employment, however, refer this matter to autonomous degree. The option is justified by the fact that, as a result of the codification movement operated in common labour law, all criminal and administrative regime to be built on the violation of norms of the labour code (or the relevant provisions).

However, the Regime of employment contract in Public Functions does not contain the entire discipline applicable to the employment contract in public functions, were still applicable to law No 12-A/13, 27 February 2008 and other general laws whose subjective scope covers all civil servants, regardless of the mode of formation of the legal relationship of public employment under which exercise functions , and dealing with such important matters as the special mobility, accidents at work and occupational diseases, or the disciplinary statute, whose violation must also constitute offences, criminal or administrative type. Still, a crime or an administrative offense may have for an organ or agent service of the public administration or a worker, regardless of the mode of formation of the legal relationship of public employment under which it exercises functions – appointment or contract-and this is one more reason to refer this matter to advises diploma. It should be noted that in effect the scheme relating to vocational training in public administration. Extends the application to workers who perform public functions in naming scheme, for in addition to the equality and non-discrimination, protection of motherhood and fatherhood, Constitution of committees and right to strike – already applicable, pursuant to article 5 of the law No. 99/2003 of 27 August, which approved the labour code, the provisions of RCTFP personality rights , genetic heritage protection, student-worker status, safety, hygiene and health at work and freedom of Association. As a result, in addition to repealing the law No. 23/2004, of June 22, which defined the legal framework of the employment contract in the public authorities, with the exception of articles 16 to 18, the diplomas the matter of safety, hygiene and health at work and the exercise of freedom of Association in public administration.

Were heard the Government organs of the autonomous regions. 14 were heard 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. Should be promoted to hearing of the National Commission for data protection. So: in accordance with subparagraph (d)) of article 197, paragraph 1 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 1-article 1 subject-matter this law approves the Regime of employment contract in Public Functions, briefly known as RCTFP. 2-the RCTFP is formed by the labour code, approved by law No. 99/2003 of 27 August, and by the regulation, approved by Act No. 35/2004, of 29 July, applicable with the adjustments contained in the following articles. Article 2 terminological Adaptations in the application of the labour code and its regulations must be in writing: a) an employment contract in public functions, briefly referred to as contract when those referred to the employment contract, in any of its modalities; b) public employer, while those referred to the employer; c) agency or service, regardless of when those refer to enterprise, medium and large company, establishment and service; d) organic Unit or sub-unit, when those refer to Department or section 15, respectively; and) maximum Leader or management organ of the service, when those refer to the management body of the company; f) Office Manager, when those refer to Office of management and administration; g) Holder of Office Manager or head of multidisciplinary team, when those refer to workers who occupy Office of administration and management, the employer's representative, administrator, Manager, director or other persons with independent power of decision, respectively; h) overtime, when those refer to additional work; I) Remuneration and remuneration basis, when those refer to compensation and remuneration basis, respectively; j) Social Benefits, when those referring to social benefits; l) Map, when those refer to establishment plan; m) Workers directly engaged in surveillance activities, transportation and processing of electronic security systems, when those refer to operating personnel, transport and processing of electronic security systems; n) workplace Change, when those refer to transfer of worker; the) collective labour agreement, regardless when those refer to collective agreement or Convention; p) code, when those refer to job code. 16 Article 3 Adaptations of the labour code The articles 1 to 4, 26, 31, 50, 51, 84, 86, 98 to 100, 102, 104, 105, 107, 108, 110, 111, 121 to 123, 127 to 129, 131, 133, 135, 137, 139, 140, 142 to 144, 151 to 154, 156, 160, 162 to 164, 166, 167, 169, 171, 173, 175 to 180, 185 to 187 § , 189-194, 197, 199.º, the 201, 204, 205, 207, 211, 213, 217, 221, 223, 225, 226, 230, 232, 249, 254, 255 to 258.º, 264, 226, 267, 269, 270.º, 272, 273, 330.º, 333.º, 354.º, 355.º, 360.º, 362.º, 357 to 381.º, 383.º to 385.º, 387.º to 389.º, 392.º to the 410.º 406.º, 394, 426.º, 428.º, 439.º, 441.º, 433.º to 443.º, 444.º, 447.º the – 449 , 452.º, 453.º, 456.º, 457.º, 462.º, 464.º, 459.º to 465.º, 467.º, 476.º, 477.º, 485.º, 489.º, 483 to 491.º, 496.º to 498.º, 501.º, 503.º, the 500th 505.º, 533.º, 536.º, 537.º, 540, 543.º, 546.º the 549.º, 552.º the 558.º, 563.º, 565, 569, 570.º, 576.º, 581.º, 574.º to 584.º, 585.º, 589.º, 595.º, 587.º the 597.º the 599.º of the labour code are applicable with the following adaptations : ' Article 1 [...] The employment contract in public functions, briefly referred to as contract, subject in particular to the collective labour regulation instruments, in accordance with paragraph 2 of article 81 of law No 12-A/2008, of 27 February. Article 2 [...] 1-[...]. 2-The collective labour regulation instruments negotiated are the collective labour agreement, the membership agreement and the decision to voluntary arbitration.

17 3-collective labour agreements can be: a) career collective agreements – agreements applicable to a career or a set of careers, regardless of the bodies or services where workers integrated in them serving; b) public employer collective agreements – agreements applicable to a public employer, with or without legal personality. 4-The collective labour regulation instruments negotiating are not the extension regulation and the necessary arbitration decision. Article 3 [...] The extension regulations may be issued in the absence of collective labour regulation instruments negotiated. Article 4 [...] 1-RCTFP standards can be removed by collective labour regulation instrument when this establishes more favourable conditions for the worker and if those rules do not work otherwise. 2-RCTFP regulations and collective labour regulation instruments cannot be removed by agreement, except where those rules work otherwise and this establishes more favourable conditions for the worker.

18 article 26 [...] The practice of any discrimination against a worker or job applicant gives you the right to compensation for damages and non patrimonial assets, in accordance with the law. Article 31 [...] 1-the provisions of any instrument of collective labour regulation referring to professions and occupational categories which are intended specifically to female or male workers have for applicable to both sexes. 2-. […]. Article 50 [...] 1-[...]. 2 - […]. 3-parental leave periods and especially provided for in articles 43 and 44 shall be taken into account for the rate of formation of invalidity and old age social protection schemes. Article 51 [...] 1-[...]. 2-the dismissal by fact attributable to pregnant worker who has recently given birth or are breastfeeding 19, presumably done without justification. 3 - […]. 4-the term for a disciplinary decision is suspended between the date of referral of the case to the authority referred to in paragraph 1 and the date of receipt of the notification referred to in the preceding paragraph by the competent authority for the decision or, in the absence of such approval, when you consider the requirement of sound. 5-[paragraph 4] 6-If the opinion referred to in paragraph 1 is unfavorable to the dismissal, this can only be carried out by the public employer after court decision in administrative action, which recognizes the existence of just cause or justification. 7-the injunction to suspend the effectiveness of the Act of dismissal of pregnant worker who has recently given birth or are breastfeeding, not only is declared if the opinion referred to in paragraph 1 is in favour of the dismissal and the Court considers that there is a serious likelihood of verification of good cause or justification. 8-without prejudice to the next paragraph, if the dismissal of pregnant worker, who has recently given birth or breastfeeding is declared unlawful, this has the right, as an alternative to reinstatement, to compensation calculated in accordance with paragraphs 1 and 3 of article 439.º or established in collective labour regulation instrument applicable as well, in any case, the compensation for patrimonial damage. 9-in the case of dismissal decided on disciplinary procedure for compensation in lieu of reinstatement referred to in the preceding paragraph shall be calculated in accordance with Disciplinary Status of workers performing Public Functions. Article 84 [...] The student-worker must be offered opportunities to promote appropriate professional 20 recovery obtained in courses or by the knowledge gained. Article 86 [...] Without prejudice to the established as to the applicable law, the provision of subordinate work in Portuguese territory by foreign national is subject to the requirements of this subsection. Article 98 [...] 1-the public employer shall pay to the worker at least the following information relating to the contract: a) its identification; b) the workplace, as well as the seat or location of the employer; c) […]; d) the date of conclusion of the contract and the start of the activity; and) the foreseeable duration of the contract or, if this is subject to term resolutivo; f) […]; g) […]; h) the value of the remuneration; i) […]; j) […]. 2 - […]. 3-information on the elements referred to in the second part of subparagraph (c)) and in points (a) to (f)), g), (h)) and i) of paragraph 1 may be replaced by a reference to the relevant provisions of the law or of the 21 collective labour regulation instrument applicable. Article 99 [...] 1-[...]. 2-the duty prescribed in paragraph 1 of the preceding article shall be deemed to be fulfilled when the contract containing the information in question. 3-[No. 4]. 4-[No. 5]. Article 100 [...] 1-[...]. 2-the information referred to in paragraph 1 (b)) and c) of the preceding paragraph may be replaced by a reference to legal provisions or collective labour regulation instruments establishing the matters referred to therein. Article 102 Form 1-the contract is always subject to the written form and must contain the signature of the parties. 2-the contract shall contain at least the following information: a) the name and domicile or registered office of the parties; b) mode of contract and their term or predictable duration, when applicable; c) contracted Activity, career, category and remuneration of the worker; d) location and normal working period, specifying the cases in which it is defined in 22 average terms; e) date of commencement of business; f) date of conclusion of the contract; g) identification of authorized the hiring. 3-in the absence of required by subparagraph (e)) of the preceding paragraph, the contract shall be deemed to commence on the date of its conclusion. 4-When the contract does not contain the signature of the parties or any of the indications referred to in paragraph 2, the public employer must be corrected within 30 days of the date of the worker's application for this purpose. 5-Notwithstanding the provisions of paragraph 1, members of the Government responsible for the areas of finance and public administration may, by order, approve official models of contracts, as well as provide for their digitization and dematerialization. Article 104 [...] 1-the trial period corresponds to the initial time of performance of the contract and is intended to check whether the worker has the skills required by the job that will occupy. 2-monitoring, final survey completion successfully and time elapsed the service trial period the rules laid down in law No 12-A/2008, of 27 February to the trial period of appointment. 3-the conclusion without successful trial period are still subject to the rules laid down in law No. 12-A/2008, of 27 February to the trial period of the appointment, with the necessary adaptations.

23 Article 105 Complaint by the employee During the trial period, the employee may terminate the contract without notice or need to invoke just cause, there is no right to compensation. Article 107 [...] 1-in contracts for an indefinite period, the trial period have the following duration: 90 days) for employees involved in operating Assistant career and in other careers or categories with identical functional complexity; b) 180 days for employees in career-technical assistant and in other careers or categories with identical functional complexity; c) 240 days for workers involved in career diploma and other careers or categories with identical degree of functional complexity. 2-the diplomas which have about special careers can establish another duration for its trial period. Article 108 [...] 1-term contracts, the trial period have the following duration: 30 days) for contracts lasting less than six months; b) 15 days in fixed-term contracts of less than six months and on fixed-term contracts unclear whose duration is expected to be no higher than that limit. 24 2-term contracts the jury for the trial period shall be replaced by the immediate hierarchical superior. Article 110 reduction and exclusion of the trial period and termination of the contract 1-the duration of the trial period can be reduced by collective labour regulation instrument. 2-the trial period cannot be deleted by collective labour regulation instrument. 3-the provisions of the contract are null or of collective labour regulation instrument establishing any payment of compensation in the event of termination of the contract during the trial period. Article 111 the subject of the contract the definition of contracted activity is made by reference to the functional category content legally described, or in the case of career unicategorial career, and, where applicable, to the list of functions or tasks that, in the rules of procedure or on a map of public contracting employer, characterize the workplace to occupy. Article 121 [...] The worker is subject to the duties provided for in the law, namely the Disciplinary Status of workers performing Public Functions, and in collective labour regulation instrument. 25 Article 122 [...] It is forbidden to the public employer:) [...]; b) […]; c) […]; d) Reduce the remuneration, except in the cases provided by law; and the worker's category) download, except in cases provided for by law; f) exposing the worker to General or specific mobility, except in cases provided for by law; g) […]; h) […]; i) […]; j) […]. Article 123 [...] 1-[...]. 2 - […]. 3 - […]. 4-apply for vocational training of the employee the rules and principles governing the vocational training in public administration. 26 article 127 general principle to the contract can be affixed, in writing, in accordance with General resolutivo term.

Article 128 [...] 1-The term contract resolutivo apply the precepts of the subsection and paragraphs 2 and 3 of this article, that cannot be removed by collective labour regulation instrument. 2-the term contract resolutivo not convert, if any, on contract for an indefinite period, getting senile at the end of the maximum duration provided for in this code or, in the case of fixed-term uncertainty, when leave if the situation which justified its conclusion. 3-Without prejudice to the full production of its effects during the time in which they have been running, the conclusion or renewal of fixed-term contracts resolutivo with violating the provisions of this Code implies nullity and generates disciplinary and financial liability of maximum leaders of organs or services that have concluded or renewed. Article 129 contract 1-Assumptions on contracts can only be entered in the following situations resolutivo inform term justified: the) direct or indirect Replacement of absent worker or who, for whatever reason, is temporarily barred from service; 27 b) direct or indirect Substitution of worker for which are pending in court action for assessing the lawfulness of the dismissal; c) direct or indirect Replacement of employee on leave remuneration;

d) replacement of full-time worker to provide part-time employment for specified period; and) to ensure urgent needs of employers; f) occasional task execution or service determined precisely defined and not lasting; g) For the exercise of functions in temporary structures of employers; h) to deal with the exceptional and temporary increase in activity of the agency or service; I) To the development of projects not included in normal activities of organs or services; j) When training, or obtaining academic degree or professional title, of workers in the framework of the employers involved the provision of public work subject; k) in the case of organs or services under installation. 2-For the purposes of point (a)) of the preceding paragraph shall be deemed to be absent, namely: a) workers in a situation of General mobility; b) workers who are in service; 28 c) workers who are to serve in another career, category or organ or service during the trial period. 3-you may the celebration of fixed term contract to replace resolutivo worker placed in a situation of special mobility.

4-in the case of point (e)) of paragraph 1, including their contract renewals, cannot be longer than one year. 5-the contracts for the exercise of functions in organs or services referred to in paragraph l) of paragraph 1 are necessarily concluded the term under resolutivo in law. Article 131 [...] 1-resolutivo term contract shall contain the particulars referred to in paragraph 2 of article 102 and yet: a) the justification of the term stipulated; b) the date of the respective termination, the term contract; 2-For the purposes of point (a)) of the preceding paragraph, the justification of the use of the term should be indicated by entering express facts that are part of, and should establish the relationship between the grounds invoked and the stipulated term. Article 133 [...] 1-the public employer shall communicate, within a maximum period of five working days, to the workers and trade union representative associations, namely that in which the employee is affiliated, the celebration, with indication of their 29 legal and termination of fixed-term contract. 2-[No. 3]. 3-[No. 4]. Article 135 [...] 1-the worker contracted the term applying, in legal terms, the tendering of advertised recruitment during the execution of the contract or up to 90 days after the termination of the right to occupation of the workplace with features identical to that for which he was hired, on contract mode indefinitely, have a preference, on list of final ordering of candidates in case of equality of rank. 2 - […]. 3 - […]. Article 137 [...] The public employer must provide vocational training to workers hired to term. Article 139 [...] The fixed-term contract lasts for the agreed period, and may not exceed three years, including renewals, not be renewed more than twice, without prejudice to the provisions laid down in law. 30 Article 140 [...] 1-[...]. 2-fixed-term contract is not subject to automatic renewal.

3-the renewal of the contract is subject to the verification of the material requirements to its conclusion, as well as the written form. 4-[No. 5]. Article 142 [...] 1-In contracts concluded for a period of less than six months the term stipulated must correspond to the foreseeable duration of the task or service. 2-contracts concluded for a period of less than six months may be renewed once only for a period equal to or less than the initially hired. Article 143 Assumptions is only admitted the conclusion of fixed-term contracts unclear in the situations referred to in points (a) to (d))) and (f)) l) of paragraph 1 of article 129. Article 144 [...] The uncertain term contract lasts for all the time you need to replace the absent worker or for the completion of the task or service which justifies the 31 celebration. Article 151 [...] 1-[...]; 2-the contracted activity shall not affect the exercise of sporadic form, the duties are similar or functionally linked, for which the worker holds professional qualifications and that do not involve professional devaluation. 3-the provisions of the preceding paragraph gives the worker, where the exercise of ancillary functions requiring special qualifications, the right to professional training of not less than 10 hours annually. 4-[No. 5]. Article 152 compensatory Effects the determination by the public employer in the exercise of the functions referred to in paragraph 2 of the previous article, gives the employee the right to obtain remuneration level immediately above that for which derives, which is laid down in category a that match those functions. Article 153 [...] 1-[...]. 2-in the drafting of the rules of procedure of the agency or service is heard the workers Committee or, failing that, the Commission or trade union or trade union delegates Inter-Union. 3 - […]. 4-[No. 5]. 32 Article 154 [...] 1-the worker must, in principle, perform his performance at work contractually defined, without prejudice to the General mobility scheme applicable to legal relationships established public employment indefinitely. 2 - […]. Article 156 [...] Shall be deemed to be included in the working time: a) work interruptions as listed in collective labour regulation instrument or in the rules of procedure of the agency or service; b) […]; c) […]; d) […]; e) […]. Article 160 [...] 1-[...]. 2-as a rule, the period of operation of the organs or services cannot start before the 8 hours, nor end after 20 hours, being necessarily posted in a visible in the workplace. 33 Article 162 [...] 1-the public employer must keep a register of the number of hours of work provided by the worker, per day and per week, with an indication of the start time and the end of the work, as well as of steps carried out. 2-in the organs or services with more than 50 workers, the register provided for in the preceding paragraph is carried out by automatic or mechanical systems. 3-in exceptional cases, duly substantiated, and the maximum leader or management body may waive the registration service for automatic or mechanical systems. Article 163 [...] 1-the normal period of work may not exceed 7 hours a day or 35 hours a week. 2-full time work corresponds to the normal weekly working period and constitutes the work rule regime of workers integrated into the General careers, matching her monthly base remuneration legally provided for. 3-[No. 2]. 4-[No. 3]. Article 164 [...] 1-by instrument of collective labour regulation, the normal period of work can be defined in average terms, in which case the daily limit fixed in paragraph 1 of the preceding article may be increased up to a maximum of 3 hours, without which the work duration exceeds 50 hours weekly 34, not only telling this limit the extraordinary work provided by reason of force majeure. 2-the normal period set pursuant to paragraph 1 may not exceed 45 hours per week on average over a period of two months. Article 166 [...] 1-the average length of the work must be ascertained by reference to the period which is fixed in collective labour regulation instrument applicable and may not be more than 12 months, or, in the absence of attachment of the reference period in collective labour regulation instrument by reference to maximum of 4 months. 2-the reference period of four months referred to in the preceding paragraph may be extended for six months in the following situations: a) [subparagraph (c))]; b) Workers directly engaged in surveillance activities, transportation and processing of electronic security systems. 3-the provisions of the preceding paragraph is still applicable to activities involving the need for continuity of service, namely: a) reception, treatment or health care establishments and services health care providers, residential institutions, prisons and schools, including doctors in training; b) ambulance service, fire department or civil protection; c) waste disposal or incineration; d) activities where the worker process cannot be interrupted for technical reasons; 35 e) research and development; f) predictable increase of activity going on in tourism; g) unforeseeable circumstances or force majeure; h) in cases of accident or imminent risk of accident. 4-except where expressly provided for in collective labour regulation instrument, the reference period can only be changed during its execution when justified by objective circumstances and the total hours of work provided is less than or equal to those which would have been made if not allows a system of adaptability. 5-in the weeks in which the duration of work less than 35 hours, the daily reduction may not be greater than 2 hours, but the parties may also agree to reduction of the work week in days or half-days, without prejudice to the right to the allowance of meal. Article 167 [...] 1-[...]. 2-increase the bounds of the normal work period can be determined in collective labour regulation instrument:) Since that is absolutely not affordable entry for the period of the worker's work to those limits; b) In relation to people whose work is extremely intermittent or simple presence. 3 - […]. Article 169 [...] 1-without prejudice to the limits laid down in articles 163 to 167, the average weekly working time, including overtime, shall not exceed 42 36 hours, a reference period fixed in collective labour regulation instrument, and should not, under any circumstances, exceed 12 months or, in the absence of attachment of the reference period in collective labour regulation instrument in a reference period of 4 months, which can be of 6 months in the cases provided for in paragraphs 2 and 3 of article 166 2-[...]. 3 - […]. Article 171 working hours and periods of service and operating the public employer must respect the operating periods and availability in the Organization of working hours for workers at your service. Article 173 [...] 1-[...]. 2-all changes of working hours must be substantiated and preceded by consultation of the workers affected, the Commission, or, in the absence thereof, to the Commission or trade union or trade union delegates, inter-parliamentary and be posted on the organ or service in advance of seven days, although in force a system of adaptability. 3-[No. 4]. 4-[No. 5]. Article 175 [...] 1-[...]. 2-it is not allowed to change the resting intervals provided for in the preceding paragraph, if it involves the provision of 37 more than 6 consecutive hours of work, except for the surveillance activities, transportation and processing of electronic security systems and activities which cannot be interrupted on technical grounds.

Article 176 [...] 1-[...]. 2-the provisions of the preceding paragraph shall not apply where it is necessary the provision of extraordinary work by reason of force majeure or for being necessary to prevent or remedy serious injury to the body or service due to accident or imminent risk of accident. 3 - […]. 4-the provisions of paragraph 1 shall not apply to activities involving the need for continuity of service, including the following activities, since through collective labour regulation instrument to be secured to the worker the corresponding compensation pillows: a) surveillance activities, transportation and processing of electronic security systems; b) reception, treatment and care provided in institutions and health care providers services, residential institutions, prisons and schools; c) Ambulances, firemen or civil protection; d) refuse collection and incineration; e) activities in which the worker process cannot be interrupted for technical reasons; 38 f) research and development. 5 - […].

Article 177 [...] 1-workers office-holders and leaders that chefiem multidisciplinary teams enjoy exemption from working hours, in accordance with their respective statutes. 2 – Can still enjoy exemption of time other workers, upon conclusion of a written agreement with the respective public employer, provided that such exemption is allowed by law or by collective labour regulation instrument. Article 178 [...] 1-the time can understand as follows: a) [...]; b) […]; c) […]. 2-the exemption from the hours of workers referred to in paragraph 1 of the preceding article implies, in any circumstances, not subject to the maximum limits of normal periods of work, in accordance with their respective statutes. 3-in the cases provided for in paragraph 2 of the preceding article, the choice of the mode of time exemption complies with the provisions of law or in collective labour regulation instrument. 4-in the absence of law, collective labour regulation instrument or stipulation of the parties, arrangements for exemption from schedule follows the provisions of paragraph b) of paragraph 1 and 39 enlargement of work exceed 2 hours a day or 10 hours per week.

5 – the exemption shall not affect the right to weekly rest days, statutory holidays and the days and days of rest, nor to the daily rest period referred to in paragraph 1 of article 176, except as provided in paragraph 2 of this article and paragraph 1 of article 177 6-in the cases provided for in paragraph 2 of article 176 and paragraph 1 of article 177 must be observed a period of rest that allow the the worker's recovery between two daily periods of consecutive work. Article 179 [...] 1-Without prejudice to the provisions of paragraph 3 of article 173, in all workplaces must be posted in conspicuous, a map of working hours by the public employer in accordance with the legal provisions and with the collective labour regulation instruments applicable. 2 – advertising conditions of working hours of staff assigned to the driving of motor vehicles are laid down in order all the members of the Government responsible for the area of public administration and the transport sector, after hearing the interested unions. Article 180 [...] 1 – is considered part-time work which corresponds to a normal weekly working period less than the practiced full time. 2 - […]. 40 3-[...]. 4 - […].

Article 185 [...] 1-part-time work shall apply the system provided for in the law and legal regulations which, by its nature, does not involve the provision of full-time work and part-time workers have a less favourable treatment than full-time workers, unless different treatment is justified on objective grounds. 2 - […]. 3 - […]. 4-the part-time worker entitled to base remuneration provided for in law, in proportion of their normal weekly working period. 5-Are still calculated in proportion to the normal weekly working period of part-time worker remuneration supplements payable for the exercise of functions in jobs which are more demanding conditions on an ongoing basis, as well as the performance awards provided for in law or in collective labour regulation instrument. 6-the part-time worker is also entitled to meal allowance, except when the provision of daily work is less than half the daily duration of full-time job, being then calculated in proportion of their normal weekly working period. Article 186 [...] 41 1-[...]. 2 - […]. 3-[No. 4]. 4-in the case referred to in the preceding paragraph, the employee cannot resume in advance the provision of full-time job when, under d) of paragraph 1 of article 129, has been replaced by a worker hired the right term and while this last. 5 – the period provided for in paragraph 3 may be raised by collective labour regulation instrument or by agreement between the parties. Article 187 § 1 [...]-whenever possible, the public employer shall take into account: a) [...]; b) […]; c) measures to facilitate access to part-time work at all levels of the agency or service, including the skilled jobs, and, where appropriate, measures to facilitate access to part-time workers to vocational training, to favour the progression and professional mobility. 2 - […]. Article 189-[...] 1-[...]. 2 - […]. 42 3-[...]. 4-the worker can only be changed to shift after the weekly day of rest required. 5 - […]. Article 194 [...] 1-the normal period of daily work of the night worker, when force adaptability scheme, must not exceed 7 hours a day on average weekly, unless several established in collective labour regulation instrument. 2 – […]. 3-the night worker whose activity involves special hazards or heavy physical or mental strain shall not provide for more than 7 hours in any period of 24 hours in which to perform night work. 4-the preceding paragraphs shall not apply to workers who are Office-holders leaders and the heads of multidisciplinary teams. 5-the provisions of paragraph 3 is not also apply: a) When it is necessary the provision of extraordinary work by reason of force majeure, or because it is necessary to prevent or remedy serious injury to the body or service due to accident or imminent risk of accident; b) activities involving the need for continuity of service, in particular the activities referred to in the following paragraph, since through collective labour regulation instrument are guaranteed to workers negotiating the corresponding compensatory rest periods. 6-for the purposes of point (b)) of the preceding paragraph shall attend to the following activities: the 43) surveillance activities, transportation and processing of electronic security systems; b) reception, treatment and care provided in institutions and health care providers services, residential institutions, prisons and schools; c) Ambulances, firemen or civil protection; d) refuse collection and incineration; e) activities in which the worker process cannot be interrupted for technical reasons; f) research and development. 7 - […]. Article 197 [...] 1-[...]. 2 - […]. 3 - […]. 4-do not understand the concept of extraordinary work:) [...]; b) […]; c) 15 minutes tolerance provided for in paragraph 3 of article 163; d) […]. Article 199.º [...] 44 1-[...]. 2-the extraordinary job can still be provided in the absence of force majeure or when it becomes necessary to prevent or remedy serious injury to the body or service. 3 - […]. Article 200th [...] 1-the overtime provided for in paragraph 1 of the preceding article shall be subject, per worker, to the following limits: a) 100 hours per year; b) [(c))]; c) [(d))]; d) [(e))]. 2-The limits laid down in paragraph 1 may be exceeded provided that do not involve a remuneration for overtime work of more than 60% of the basic remuneration of the worker: a) in the case of workers who take jobs from drivers or operators and other workers integrated into the careers of operational and technical Wizard Wizard, whose maintenance the service beyond normal working hours be inform recognised as indispensable; b) In exceptional circumstances and bounded in time, with the permission of the competent official or, when this is not possible, upon confirmation of the same entity, the utter in 15 days after the occurrence. 3 – the ceiling referred to in point (a)) of paragraph 1 may be increased by up to 200 45 hours per year, by instrument of collective labour regulation. Article 201 [...] 1-the annual limit of working hours to cope with possible additions of work, applicable to part-time worker, is 80 hours per year or the corresponding to the ratio of their normal working period and the full-time worker, when superior. 2-the limit provided for in the preceding paragraph may be increased up to 200 hours per year, by instrument of collective labour regulation. Article 204 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 – the public employer must possess and maintain for five years the nominal relationship of workers who have carried out extraordinary work, with a breakdown of the number of hours provided under paragraphs 1 or 2 of article 199.º and indication of the day enjoyed the respective compensatory rest, for supervision of the General Inspectorate of finance or other legally competent inspection service. 6-[No. 7]. Article 205 Week of work and weekly rest 1 – the work week is, as a rule, of five days. 46 2-workers are entitled to a weekly day of rest required, plus a weekly day of rest that must match the Sunday and Saturday, respectively. 3-The rest days referred to in the preceding paragraph may only fail to match the Sunday and Saturday, respectively, when the employee performs functions in organ or service that shut down its activity in other days of the week. 4-The days of weekly rest may still fail to match the Sunday and Saturday in the following cases: a) Of worker required to ensure continuity of services that cannot be stopped or to be performed on a day of rest to other workers; b) cleaning staff or in charge of other preparatory work and complementary to necessarily be carried out on the Sabbath of the remaining workers; c) directly engaged in worker surveillance activities, transportation and processing of electronic security systems; d) Of worker who performs in exhibitions and fairs; and personal services) inspection of activities close to the Saturday and Sunday or; f in other cases laid down in) special legislation. 5-When the nature of the agency or service or public interest reasons require, additional day of rest can be enjoyed, according to the worker's option, as follows: 47 a) divided into two periods immediately preceding or following the mandatory weekly day of rest; b) half day immediately before or after the mandatory weekly rest day, with the remaining time deducted for the duration of the normal period of work of the other working days, without prejudice to the normal period of weekly working time. 6-whenever possible, the public employer must provide workers belonging to the same household, the weekly rest period on the same days. Article 207 [...] 1-When the additional day of rest is not adjacent to the mandatory weekly rest day, adds to this a period of 11 hours, corresponding to the minimum daily rest period provided in article 176. 2-the provisions of the preceding paragraph shall not apply to workers who are Office-holders leaders and the heads of multidisciplinary teams. 3-the provisions of paragraph 1 is also applicable:) When it is necessary the provision of extraordinary work by reason of force majeure, or because it is necessary to prevent or remedy serious injury to the body or service due to accident or imminent risk of accident; b) [(b)) paragraph 4].

48 c) activities involving the need for continuity of service, in particular the activities referred to in the following paragraph, since through collective labour regulation instrument or individual agreement are secured to the worker the corresponding compensatory rest periods. 4-for the purposes of subparagraph (c)) of the preceding paragraph shall attend to the following activities: a) surveillance activities, transportation and processing of electronic security systems; b) reception, treatment and care provided in institutions and health care providers services, residential institutions, prisons and schools; c) Ambulances, firemen or civil protection; d) refuse collection and incineration; e) activities in which the worker process cannot be interrupted for technical reasons; f) research and development. 5-the provisions of paragraph c) of paragraph 3 is extended to cases of predictable increase of tourism activity.

49 Article 211 [...] 1-[...]. 2 - […]. 3 – the holiday entitlement is inalienable and, outside the cases provided for by law, their effective enjoyment cannot be replaced, even with the consent of the employee, for any economic or other compensation. 4-the holiday entitlement relates, as a rule, the work done in the preceding calendar year and is not conditioned on attendance or effectiveness of service, without prejudice to the provisions of paragraph 2 of article 232 Article 213 [...] 1-the annual holiday period has, depending on the age of the worker, the following duration: 25 working days) until the worker completing 39 years old; b) 26 working days until the worker completing 49 years of age; c) 27 working days until the employee completes 59 years of age; d) 28 working days from 59 years of age. 2 – the relevant age for the purposes of the preceding paragraph is that which the employee make up to 31 December of the year in which the vacation if you win. 3 – The holiday period provided for in paragraph 1 in addition a working day of vacation for every 10 years of service actually provided.

50 4-the duration of the holiday period can still be increased in the context of performance reward systems, under the conditions laid down in law or in collective labour regulation instrument. 5-[No. 2]. 6-[No. 5]. Article 217 [...] 1-[...]. 2-in the absence of agreement, shall be borne by the public employer mark the holiday and its map, listening to the workers Committee or, failing that, the Commission or trade union or trade union delegates Inter-Union. 3 – the public employer can only mark the holiday period between May 1 and October 31, except assent in contrast to representative structures referred to in the preceding paragraph or diverse array of collective labour regulation instrument. 4 - […]. 5 - […]. 6-the enjoyment of the holiday period can be interpolated, by agreement between the employer and the employee and since, in one of the periods, to be enjoyed at least 11 consecutive working days. 7 - […]. 51 Article 221 effects of termination of employment 1-[...]. 2 - […]. 3 - […]. 4-the provisions of the preceding paragraph applies even where the contract ceases in the year following the admission. Article 223 [...] 1-[...]. 2-the violation of the provisions of the preceding paragraph, without prejudice to disciplinary responsibility of the worker, the public employer the right to recover remuneration corresponding to the respective holiday allowance, of which half goes to the Office of financial management of Social Security, in the case of the worker be beneficiary of the general social security system for all eventualities , or constitutes State revenue, in other cases. 3 - […]. Article 225a [...] 1-[...]. 2 – are considered justified absences:) [...]; 52 b) [...]; c) […]; d) […]; e) […]; f) motivated by need for outpatient treatment, medical consultations and additional diagnostic tests which cannot be made outside the normal working period and only for the time strictly necessary; g) motivated by rubber insulation; h) [(f))]; I) The given for blood donation and first aid; j) motivated by the necessity of submission to selection methods in tendering; k) The given by the holiday period; l) [(g))]; m) [(h))]; n) those that are qualified as such by law, in particular those provided for in decree-laws Nos. 220/84, of 4 July, 272/88, of 3 August, 282/89, of August 23, and 190/99, of 5 June. 3-the provisions of paragraph f) of the preceding paragraph apply to assistance to the spouse, ascendants, descendants or assimilated, adoptandos, adopted and stepchildren, minors or disabled, in outpatient treatment regime, when arguably the worker is the most appropriate person to do it. 4-are considered unjustified absences not covered by paragraphs 2 and 3. 53 Article 226 [...] The provisions relating to types of faults and its duration may not be the subject of collective labour regulation instrument, except in the case of the situations provided for in paragraph m) of paragraph 2 of the preceding article.

Article 230 [...] 1-[...]. 2 – without prejudice to other legal predictions, determine the loss of remuneration the following faults though justified:) because of illness, since the worker benefit from a system of social protection in health; b) As provided for in article) of paragraph 2 of Article 225a, when more than 30 days a year. 3 - […]. 4-in the case referred to in point (a) n) of paragraph 2 of Article 225a fouls justified conferring maximum right to remuneration on a third of the duration of the election campaign, only the employee missing half-days or full days with 48 hours ' notice. Article 232 [...] 1 – [...]. 54 2-[...]. 3-the provisions of the preceding paragraph shall not apply to absences provided for in paragraph l) of paragraph 2 of Article 225a article 249 [...] Without prejudice to the principles and rules governing the compensation of workers who exercise functions under legal relations of public employment, the remuneration shall apply the provisions of articles following. Article 254 [...] 1 – the employee is entitled to a Christmas bonus equal to one month's monthly base pay, to be paid in November each year. 2-the value of the Christmas bonus is proportional to the time of service in the calendar year, in the following situations: a) [...]; b) […]; c) in the event of suspension of the contract, unless the employee's sick leave. Article 255 1 vacation remuneration – remuneration of the holiday period corresponds to which the employee would receive if in actual service, with the exception of meal allowance. 55 2-beyond the remuneration mentioned in the preceding paragraph, the employee is entitled to a holiday allowance equal to one month's monthly base remuneration, which must be paid in full in June each year. 3 – suspension of the contract worker's sick leave shall not affect the right to holiday allowance, in accordance with the preceding paragraph. 4-the increase or reduction of the period of holidays provided for in paragraphs 3 and 4 of article 213 and in paragraph 2 of article 232, respectively, do not imply the increase or the corresponding reduction in the remuneration or on vacation. Article 256 [...] 1-the employee exempt from work schedule in the manner provided for in (a)) and b) of paragraph 1 of article 178 shall be entitled to a remuneration supplement, under the conditions laid down by law or by collective labour regulation instrument. 2-the provisions of the preceding paragraph does not apply to special careers and positions, including leadership positions, as well as the heads of multidisciplinary teams, in the arrangements for exemption from working hours constitutes the normal regime for the provision of work. Article 257 [...] 1-[...]. 2-extra remuneration referred to in the preceding paragraph may be fixed in collective labour regulation instrument through an equivalent reduction of the ceilings of the normal work period. 3-the provisions of paragraph 1 shall not apply to work done during the night period, unless provided for in collective labour regulation instrument: 56 a) [...]; b) to activities which, by their nature or by virtue of the law, must necessarily work available to the public during the same period; c) When extra remuneration for night work is integrated in base compensation. Article 258.º [...]-1 [...]. 2 - […]. 3 - […]. 4 - […]. 5 – is required the payment of overtime work whose provision has been expressly determined prior. Article 264 hourly remuneration value calculation the value of normal working time is calculated through the formula Rbx12, being the basic monthly remuneration 52xN RB and the normal weekly working period. Article 226 [...] The remuneration table only can't predict levels of remuneration lower than the amount of the minimum monthly wage as laid down in the labour code. 57 Article 267 [...] 1-the amount of the compensation must be available to the employee on the due date or the immediately preceding business day.

2-at the time of payment of the remuneration, the employer must provide the worker public document from which the record the ID of that and the full name of this, the number of enrollment in the institution of social protection, the Professional category, the period for compensation, itemizing the remuneration and other benefits, discounts and deductions made and the net amount receivable. Article 269 [...] 1 – the obligation to satisfy the remuneration, when this is periodic, WINS every month. 2-compliance shall be carried out on weekdays. 3 – the public employer is constituted in lives if the worker, by which it is chargeable, cannot afford the amount of remuneration on the expiration date. Article 270.º [...]-1 [...]. 2-the provisions of the preceding paragraph shall not apply to: 58 a) [...]; b) […]; c) The discount provided for in article 81 Disciplinary status of workers performing Public Functions; d) [(e))]. and) the other discounts or deductions provided for by law. 3 - […]. 4 - […]. Article 272 [...] 1-[...]. 2 - […]. 3 - […]. 4-the application of the rules of this chapter can be rebutted when conditional activities are concerned by security or emergency criteria, in particular civil protection activities, on strict measurement of needs determined by those criteria. Article 273 [...] 1-[...]. 2 - […]. 3 - […]. 4-When various organs or services develop simultaneously with 59 employees in the same workplace, should employers, taking into account the nature of the activities that each one develops, cooperate in the sense of protection of the health and safety, and the obligations secured by the following entities: a) [(b))]; b) in all other cases, the various employers, who should coordinate the Organization of the activities of safety, hygiene and health at work, without prejudice to the obligations of each public employer in respect of his employees. 5 – the public employer must, in the organ or service, observe the legal requirements and those laid down in collective labour regulation instruments, as well as the guidelines of the authority for working conditions and other competent entities relating to safety, hygiene and health at work. Article 330.º [...] 1-the reduction in the normal working period or suspension of the contract may be based on temporary impossibility, respectively, total or partial, of the provision of labour, due respect to the worker and to the agreement of the parties. 2-also allows a reduction of the normal work period or the suspension of the contract conclusion, between worker and employer, public retirement agreement. Article 333.º [...] 1-Determines the suspension of contract temporary impediment by was not attributable to the worker continues for more than one month, namely disease. 60 2-[...]. 3-. […]. 4 - […].

Article 354.º [...]-1 [...]. 2 – […]. 3 – the public employer can refuse to grant the license provided for in paragraph 1 in the following situations: a) [...]; b) […]; c) […]; d) in addition to the situations referred to in points (a) above, in the case of workers holding positions leaders, who chefiem multidisciplinary teams or integrated into careers or categories of 3 functional complexity degree, when it is not possible to replace the same during the period of the permit, without prejudice to the operation of the agency or service. 4 – […]. 5-the licenses without pay for spousal accompaniment placed abroad and for the exercise of functions in international bodies are granted pursuant to the law applicable to the personnel appointed. 61 Article 355.º [...] 1 – grant of license determines the suspension of the contract, with the effects laid down in paragraphs 1 and 3 of article 331.º. 2-the time period of the license does not count for the purposes of seniority, without prejudice to the next paragraph. 3-in permits provided for in paragraph 5 of the preceding article and other licenses founded in circumstances of public interest, the employee may request that you be counted time for purposes of reform, retirement and enjoyment of social benefits, while keeping the corresponding discounts based on remuneration received at the date of grant of license. 4-in permits lasting less than a year, in the provided for in paragraph 5 of the preceding article and other licenses founded in circumstances of public interest, the employee is entitled to the occupation of a job in the body or when the license service. 5 – in the remaining allowances, the worker who wishes to return to service and whose job is busy, must wait for the forecast, on a map, a station not occupied, and may apply for tendering to another agency or service for which meet the requirements. 6-The early return of the employee on leave without pay shall apply the provisions of the preceding paragraph. Article 357 [...] 1-the situation of early retirement is constituted by agreement between the employer and the worker and depends on the prior authorization of the members of the 62 Government responsible for the areas of finance and public administration. 2 - […]. 3 – the public employer must remit the early retirement social security agreement or, where applicable, to the Caixa Geral de Aposentações, together with the remuneration on the month of its entry into force.

Article 358.º [...]-1 [...]. 2-the unemployed early retirement can develop other remunerated professional activity under the conditions laid down in articles 25 to 30 of law No 12-A/2008, of 27 February. Article 359.º [...] 1-On pre-retirement situation that corresponds to the reduction of the supply of labour, the provision of early retirement is fixed on the basis of remuneration received by the worker, last in proportion of the normal weekly working period agreed. 2 – the provision referred to in paragraph 1 is updated annually as a percentage equal to the increase in remuneration of the worker would benefit if he were in the full exercise of their duties. 3-the rules for attaching the provision to assign on pre-retirement situation that corresponds to the suspension of performance of work are laid down by regulatory decree. 63 Article 360.º No prompt payment of early retirement in the case of lack of prompt payment of early retirement, if the live extends for more than 30 days, the employee is entitled to recover the full exercise of functions, without prejudice to their antiquity, or solve the contract, entitled to compensation provided for in paragraphs 2 and 3 of the next article. Article 362.º [...] A worker in a situation of early retirement is considered applicant for retirement or retirement for old age as soon as you complete the legal age, unless by that date has occurred the extinction of early retirement. Article 381.º [...]-1 [...]. 2-the credits resulting from compensation for lack of enjoyment of holidays, by the application of sanctions that may be declared invalid or for overtime, overdue for more than five years, can only be proved by appropriate document. Article 383.º [...] 1-the regime laid down in this chapter cannot be removed or modified by an instrument of collective labour regulation, except as provided in the following paragraphs or in another legal provision. 64 2-[...]. 3 - […]. Article 384.º [...] Without prejudice to the provisions of the Disciplinary Statute of workers Performing Public Functions, the contract may terminate: (a)) [...]; b) […]; c) […]; d) […]. Article 385.º [...]-1 [...]. 2 - […]. 3-attestation of employment, the employer is obliged to deliver to the employee other documents intended for official purposes by that should be issued and this request, and in particular those laid down in social security legislation. Article 387.º [...] The contract shall lapse under the general terms, namely: a) [...]; (b) in the event of a supervening impossibility), absolute and definitive of the worker pay their work; 65 c) With retirement or retirement pension, old-age or disability pension. Article 388.º [...] 1-the contract shall lapse on the expiry of the deadline provided that the employer or the employee does not communicate, in writing, 30 days before the deadline expires, the will to renew. 2-in the absence of communication from the worker is assumed the will of this to renew the contract. 3-the expiry of the contract the right term consequence of non-communication, the public employer, the willingness to renew it, gives the employee the entitled to compensation corresponding to three or two days of base remuneration for each month of duration of the bond, depending on the contract has lasted for a period, respectively, does not exceed or exceeds six months. 4-[No. 3]. Article 389.º [...]-1 [...]. 2-in the case of the situation referred to in paragraph i) of paragraph 1 of article 129, which give rise to the hiring of several workers, the communication referred to in the preceding paragraph must be made successively from the verification of the gradual decrease of their occupation, with the approaching completion of the development project for which they were hired. 3 - […]. 4-termination of the contract gives the employee the right to compensation calculated in accordance with paragraphs 3 and 4 of the preceding article. 66 Article 392.º [...] 1 – the contract shall lapse by the reform of old-age worker or, in any case, when the worker complete 70 years of age. 2-apply to the worker retired, with the necessary adaptations, the incompatibilities and schemes of overlapping of remuneration of retired workers. 3-for the purposes of the preceding paragraphs, the National Pensions Centre notifies the beneficiary and worker the employer role public old age pension and the date to which the beginning of the same report. 4-the expiry of the contract within 30 days occurs on the knowledge, by both parties, the reform of old-age worker. 5-the provisions of paragraph 1 shall apply to contracts concluded with workers who are subscribers of the Caixa Geral de Aposentações. Article 393.º [...] The employer and the employee may terminate the contract by agreement, in accordance with the provisions laid down in the following articles. Article 1 Form-394 [...]. 2 – the termination agreement should discriminate the sums paid by way of compensation for the termination of the contract and, where applicable, the resulting from credits already accrued or payable by virtue of such termination, as well as to mention expressly the date of conclusion of the agreement and the start of production of the respective effects. 67 Article 406.º [...]-1 [...]. 2 – there is still inadequacy of the worker when it comes to careers or classes of degree 3 of functional complexity, have not been fulfilled the objectives previously established and formally accepted in writing, and such determined by way of Office and since it becomes practically impossible to the subsistence of the employment relationship. 3-non-compliance with the objectives referred to in the preceding paragraph is checked in the performance assessment process, as provided for in law regulating or adapt the system for evaluating the performance of Public Administration workers. Article 407 [...] 1-dismissal for inability referred to in paragraph 1 of the preceding article may only take place provided that, cumulatively, arise the following requirements: a) have been introduced modifications in the workplace resulting from changes in work processes, the introduction of new technologies or equipment based on different or more complex technology, in the six months prior to the initiation of the procedure laid down in article 426.º; b) […]; c) […]; d) does not exist in the body or another workstation service available and compatible with the category of the worker; e) […]; 68 f) [...]. 2-termination of the contract provided for in paragraph 2 of the preceding article may only take place provided that, cumulatively, arise the following requirements: a) the introduction of new work processes, new technologies or equipment based on different or more complex technology involves modifying the functions relating to the workplace; b) […]; c) […]. Article 408.º [...] The worker who, in the three months prior to the date of the initiation of the procedure provided for in article 426.º, has been placed in the workplace with respect to which the inability to have right to re-occupy the post of previous work, with the same base pay guarantee, unless it has been extinguished. Article 409.º 1-decision notice of dismissal, with express mention of the reason, must be communicated in writing to each worker with an advance of no less than 60 days prior to the date of termination of employment. 2-non-compliance with the notice referred to in the preceding paragraph does not determine the immediate termination of the bond and implies to the public employer paying the remuneration corresponding to the period of notice. 69 Article 410.º [...]-1 [...]. 2 – maintaining the volume of employment must be made within 180 days from the date of termination of employment, granted, for this purpose, any of the following: a) [...]; b) placement of another worker in the workplace in the course of the procedure, aimed at the extinction of her former workplace. Article 426.º [...] 1-in the case of dismissal for inability, the public employer shall notify, in writing, to the employee, to the workers and trade union representative associations, namely that in which the employee is affiliated, the need to end the contract. 2 – the communication referred to in the preceding paragraph is accompanied by: a) [...]; b) […]; c Indication of the absence of other) job that is compatible with the category of worker, in the case of point (d)) of paragraph 1 of article 407. 70 Article 428.º [...] 1-After five days on the expiry of the period referred to in paragraph 1 of the preceding article, in the event of termination of the contract, and without prejudice to the possible placement of the unemployed special mobility, in accordance with the law, the public employer gives a written reasoned decision stating:) [...]; b) […]; c) […]; d) […]. 2 – the decision is communicated, for copy or transcription to the worker and to the structures of collective representation of workers in accordance with the procedure laid down in paragraph 1 of article 426.º. Article 433.º [...] The dismissal for inadequate is still illegal if: the) Missing the requirements of article 407; b) […]; c) […]. Article 434.º [...] The worker may apply for the suspension of the effectiveness of the Act of dismissal under the code of procedure in administrative courts. 71 Article 435.º [...] 1-the Act of dismissal can be subject to assessment under the code of judicial procedure in administrative courts. 2-the action must be brought within one year from the date of dismissal. 3-the public employer can only rely on facts and reasons set out in decision of dismissal notified to the employee. Article 436.º [...] Being the dismissal declared unlawful, the employer is convicted:) [(a)) of paragraph 1]. b) [(b)) of paragraph 1]. Article 437.º [...] 1-without prejudice to the compensation referred to in (a)) of the preceding article, the employee is entitled to receive compensation that is paid from the date of dismissal until the final decision of the Court. 2 - […]. 3-the amount of unemployment benefit received by the employee is deducted in compensation, and the public employer to deliver that amount to social security, in case you have been the payer of the provision. 4 - […]. 72 article 438 [...] The employee may opt for re-integration into organ or service to the sentence of the Court. Article 439.º [...] 1-instead of reinstatement can the employee opt for compensation, and the Court set the amount, between 15:45 days of base remuneration for each full year or fraction of antiquity in the exercise of public functions, taking into account the value of the remuneration and the degree of unlawfulness due to article 429.º 2-for the purposes of the preceding paragraph the Court must meet all the time that has elapsed since the date of dismissal until the final court decision transit. 3-the compensation referred to in paragraph 1 may not be less than three months of base remuneration. Article 441.º [...]-1 [...]. 2 – Constitute just cause for termination of the contract by the worker, in particular, the following behaviors of the public employer:) [...]; b) […]; c) application of sanctions illegal; d) […]; e) […]; f) […]. 73 3-[...]. 4 – For assessing just cause shall be the degree of injury to the interests of the worker and other circumstances that may be relevant. Article 443.º [...] 1-the resolution of the contract based on the facts referred to in paragraph 2 of article 441.º gives the employee the right to compensation for all damages and non patrimonial assets suffered, and this corresponds to a compensation to be determined between 15:45 days of base remuneration for each full year of seniority in the exercise of public functions. 2-in the case of fraction of year the reference value provided for in the second part of the preceding paragraph shall be calculated proportionally, but regardless of the seniority of the employee, the compensation can never be less than three months of base remuneration. 3 - […]. Article 444.º [...] 1-the termination of the contract can be subject to assessment under the code of judicial procedure in administrative courts. 2 - […]. 3 - […]. Article 447.º [...] 1-the worker may terminate the agreement irrespective of cause, by written communication sent to the public employer at minimum of 30 or 60 days, as have, respectively, up to two years or more than two years of seniority in the agency or service 74. 2-[No. 3]. 3-[No. 4]. Article 448 [...] If the employee does not meet all or part of the period of notice set out in the previous article, is obliged to pay to the public employer compensation equal to the remuneration corresponding to the base advance, without prejudice to civil liability for damage caused due to non-compliance where appropriate the term of notice or emerging from the breach of obligations assumed in Pact for permanence. Article – 449 [...] 1-the Declaration of termination of the contract by the employee, both for resolution as per complaint, can this be revoked in any way until the seventh day after the date on which it comes to the power of the public employer. 2 - […]. 3 - […]. 4 – […]. Article 452.º [...] 1-Without prejudice to the forms of support provided for in law, can employers promote public Constitution, maintain or finance the operation, by any means, the structures of collective representation of workers or, for 75 anyway, intervene in its organization and direction, as well as prevent or hinder the exercise of their rights. 2 - […]. 3 - […]. 4 - […]. Article 453.º [...] Is prohibited and void any agreement or act aimed at: a) [...]; b) Fire, change of place of work or, in any case, harm a worker due to the exercise of the rights relating to participation in structures of collective representation or their membership or non-membership. Article 456.º [...]-1 [...]. 2 – the dismissal of social bodies candidate worker trade unions, as well as exercising or there is exercised in the same social bodies functions for less than three years, presumably done without cause or justification. 3-in the case of the fired worker be a Union representative or Committee member, having been filed restraining order to suspend the effectiveness of the Act of dismissal, not only is enacted should the Court conclude the existence of serious probability for verifying the cause or justification invoked. 4 – administrative actions relating to disputes relating to the dismissal of workers referred to in the preceding paragraph have urgent nature. 76 5-without prejudice to the next paragraph, there is no cause or justification, the fired worker has the right to choose between reinstatement in the body or service and compensation calculated in accordance with paragraph 1 of article 439.º or established in collective labour regulation instrument, and never lower than the base remuneration corresponding to six months. 6-in case of dismissal decided on disciplinary procedure for compensation in lieu of reinstatement referred to in the preceding paragraph shall be calculated in accordance with Disciplinary Status of workers performing Public Functions. Article 457.º Protection in the event of a change of place of work 1-elected workers to collective representation structures, as well as on the situation of candidates and up to two years after the end of their mandate, cannot be changed from workplace without their express agreement and without hearing the structure to which they belong. 2-the provisions of the preceding paragraph shall not apply when the change of place of work arise from the change of premises of the body or service or course of legal standards applicable to all their workers. Article 459.º Duties of informing and consulting the public employer is required to provide information and to consult, in accordance with the law.

77 Article Justification and control 460.º 1 – failure to provide information or consultations referred to in the preceding article must be justified in writing, on the basis of legal criteria objectively aferíveis. 2 – the refusal to provide information or for consultations may be subject to administrative and judicial assessment, in accordance with the law on access to information and the code of administrative procedure in administrative courts. Article 461.º [...]-1 [...]. 2-in the organs or services with peripheral establishments or organic units devolved their workers may form subcommittees of workers. 3-coordinating committees can be created for joint activities of the workers commissions formed in organs or services of the same Ministry or in the organs of different ministries or departments that pursue similar nature assignments, as well as to the performance of other rights enshrined in law. Article 462.º [...] 1-commissions of workers acquire legal personality by registering their statutes with the Ministry responsible for public administration. 2 – […].

78 Article 464.º [...] The number of members of the committees of workers shall not exceed: a) In organs or services with less than 50 employees – two members; b) In organs or services with 51 to 200 employees – three members; c) In organs or services with 201 to 500 employees – three to five members; d) In organs or services with 501 to 1000 employees – five to seven members; and) In organs or services with more than 1000 employees – seven to 11 members. Article 465.º [...] 1-the number of members of subcommittees of workers shall not exceed: a) in establishments or organic units with 50 to 200 employees – three members; b) establishments or organic units with more than 200 employees – five members. 2-in the establishments or organic units with less than 50 workers, the role of subcommittees of workers is ensured by a single worker. Article 467.º [...]-1 [...]. 2-in the organs or services with less than 50 workers credit hours referred to in the preceding paragraph is reduced to half.

79 3 – in the organs or services with more than 1000 employees, the workers ' committees may choose: a) For a total amount, which is determined by the following formula: C = n x 25 where C is the credit hours and n is the number of members of the workers; or, b) For disposal of one of its members for half its normal period of work, regardless of the debt claims referred to in paragraph 1. 4 – must be taken by unanimity the option provided for in the preceding paragraph and, in the case of point (a)), the distribution of the overall amount of credit hours by the various members of the Commission, and may not be assigned to each more than 40 hours per month. 5 – members of the entities referred to in paragraph 1 shall be required, above the limit laid down therein, and subject to paragraphs 2 to 4, the provision of work under normal conditions. 6 – […]. Article 476.º [...] : A) [...]; b) […]; c) […]; d) […];

80 and) Trade Union organ Section or service-set of an organ or service workers, peripheral or deconcentrated organic unit establishment affiliated to the same syndicate; f) Trade Union Committee of agency or service – organization of trade union delegates from the same syndicate in the agency or service, peripheral or deconcentrated organic unit establishment; g) Inter-Parliamentary Commission agency or service – organization of trade union committees of delegates or service of a Confederation, since covering at least five Union delegates, or all trade union committees of the agency or service, peripheral or deconcentrated organic unit establishment. Article 477.º [...] 1-The unions have, in particular, the right to: the collective labour agreements); b) Provide economic and social services to their members; c) participate in the drafting of labour legislation; d) participate in procedures related to workers in the context of reorganisation proceedings of organs or services; and) establish relations or join international trade union organizations. 2 – is accorded to unions procedural legitimacy for human rights and collective interests and to the collective defence of individual rights and interests legally protected workers who represent. 3 – trade union associations benefit from exemption from the payment of costs for defending human rights and collective interests, on the other the arrangement provided for in Regulation of Costs. 81 Article 483 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-the Ministry responsible for labour area, ex officio, refers a member of Government responsible for public administration a copy of the statutes of the Trade Union Association. Article 484.º [...] 1-amendment of the Statute shall be subject to registration and the provisions of paragraphs 2 to 4 and 6 of the previous article, with any necessary adaptations. 2 - […]. Article 485.º [...] 1 – [...]. 2 - […]. 3-The unions are necessarily established in the national territory. 4-[No. 3].

489.º Article 82 [...] 1-the Chairman of the general meeting must refer the identification of Board members, as well as copy of the minutes of the Assembly that elected him, the Ministry responsible for labour area within ten days after the election, for immediate publication in the Bulletin of labor and employment. 2-the Ministry responsible for the technical area, ex officio, refers a member of Government responsible for Public Administration's copy of the documentation referred to in the preceding paragraph. Article 491.º [...] 1 – judicial or voluntary extinction of Trade Union Association shall be communicated to the Ministry responsible for labour comes to cancellation of their registration, take effect from their publication in the Bulletin of labor and employment. 2-the Ministry responsible for labour area communicates, ex officio, the Member of Government responsible for public administration the cancellation of the registration of the Trade Union Association. Article 496.º Trade Union Action in the body or 1-service workers and trade unions are entitled to develop trade union activity within the agency or service, in particular through trade union delegates, trade union committees and commissions intersindicais. 2 – the exercise of the right referred to in the preceding paragraph may not compromise the achievement of the public interest and the normal functioning of the organs or services.

Article 83 497.º [...] 1-workers can meet at work, outside working hours observed by the majority of workers, by invitation of the competent organ of the Trade Union Association, the Union Rep or Union or inter-Union Commission, without prejudice to the normal operation, in the case of shift work or overtime work. 2 - […]. 3 - […]. Article 498.º [...]-1 [...]. 2-in the organs or services in which the number of delegates the appropriate, or to understand peripheral establishments or decentralized organic units can constitute trade union committees of delegates. 3 - […]. 500th article [...] The maximum number of Union delegates benefiting from the system of protection provided in this code shall be determined as follows: a) body or service, peripheral or deconcentrated organic unit establishment under 50 unionized workers – a Member; b) Organ or service, establishment or deconcentrated organic unit with peripheral 50 to 99 unionized workers-two members; 84 c) agency or service, peripheral or deconcentrated organic unit establishment with 100 to 199 unionized workers — three members; d) Organ or service, establishment or deconcentrated organic unit with peripheral 200 to 499 employees unionized-six members; and Organ or service establishment) peripheral or deconcentrated organic unit with 500 or more workers unionized-six members, adding one for every 200 unionized workers. Article 501.º [...] Holders of positions of leadership or services, peripherals or organic units devolved put at the disposal of the trade union delegates, where they require and the physical condition of the premises permit, an appropriate location for the performance of their functions. Article 503.º [...]-1 [...]. 2-the right to information and consultation shall cover, in addition to other referred to in law or identified in collective labour agreement, the following matters: a) the information on recent developments and the likely evolution of the activities of the agency or service, or peripheral unit establishment that feels organic and its financial situation; b) […]; c) […].

85 3-trade union representatives must request, in writing, to the management organ of the agency or service, or the leader of the peripheral unit or establishment that feels organic, the information relating to the matters referred to in the preceding paragraphs. 4 - […]. 5 - […]. Article 504.º [...] 1-Each trade union delegate has, for the exercise of its functions, a 12 credit hours per month. 2-the credence of hours referred to in the preceding paragraph is assigned in accordance with special legislation. Article 505.º [...]-1 [...]. 2-the credence of hours referred to in the preceding paragraph, as well as the conditions of employment at shortages justified for the exercise of Trade Union functions, is set in accordance with special legislation. Article 533.º [...] The collective labour regulation instruments cannot confer retroactive effectiveness at any of its clauses, except in the case of pecuniary nature clauses.

86 Article 536.º articulation between collective agreements 1 – collective agreements are articulated, and the career collective agreement indicate the substances which may be regulated by collective agreements public employer. 2-in the absence of a collective agreement of career or the indication referred to in the preceding paragraph, the public employer collective agreement can only regulate matters of duration and organization of working time, excluding those relating to rates, supplements and safety, hygiene and health at work. Article 537.º [...] Where there is competition between collective labour regulation instruments non-negotiating necessary arbitration decision deviates from the application of the regulation. Article 540 Legitimacy and representation 1-Have legitimacy for collective agreements of General Careers: a) The unions: i) union confederations sitting in Permanent Committee of Social dialogue; II) trade union associations with a number of unionized workers corresponding to at least 5% of the total number of workers performing public functions;

87 iii) The unions representing employees of all public administrations and, in State administration, in all ministries, since the number of unionized workers corresponds to at least 2.5% of the total number of workers performing public functions; b) By employers, members of the Government responsible for the areas of finance and public administration. 2-Has legitimacy for collective agreements special careers: a) By unions, the trade union confederations in special career workers concerned; with seat in the Standing Committee of Social dialogue and the unions that represent at least 5% of the total number of b) By employers, members of the Government responsible for the areas of finance and public administration and the other members of the Government interested in function of the subject of the agreements. 3-Has legitimacy for collective agreements public employer:) By unions, the trade union confederations sitting in Permanent Committee of Social dialogue and the other unions representing their workers; b) By public employer, the members of the Government responsible for the areas of finance and public administration and what superintenda in the agency or service, as well as the public employer. 4-have legitimacy for collective agreements of General careers the unions to present a single proposal for celebration or revision of a collective labour agreement and that, together, meet the criteria of (ii)) or iii) of point (a)) of paragraph 1. 88 5-in the case referred to in the preceding paragraph the negotiating process takes place. 6-The collective labour agreements are signed by representatives of unions determined pursuant to the preceding paragraphs, as well as by members of the entity referred to in those numbers and Government, or their representatives. 7-for the purposes of the preceding paragraph, representatives of the unions: a) the members of the respective directions with powers to hire; b) to mean persons, natural or legal persons, appointed by the Directorate of trade union associations. 8-the revocation of the mandate is only effective after written notice to the other party until the date of signing of the collective labour agreement. 9-for the purposes of paragraph 6, is representative of the public employer, whether or not legal personality, its maximum leader or one in which has been delegated such competence. Article 543.º [...] The collective labour agreement should mention: a) [...]; b) […]; c) scope; d) […]; e) […];

89 f) [...]; g) estimate the number of celebrants authorities organs or services and workers covered by collective labour agreement. Article 546.º [...] 1-the Parties shall, whenever possible, assign priority to substances of compensatory supplements, performance awards and length and organisation of working time, with a view to adjusting the global increase of charges, as well as the safety, hygiene and health at work. 2 - […]. Article 547.º [...]-1. […]. 2-the representatives of the parties to the collective bargaining process should, in due course, make the necessary consultations with workers and employers interested public and cannot, however, invoke such a need to obtain the suspension or interruption of any acts. 3 - […]. 4 – cannot be refused, in the course of negotiations of collective agreements public employer, the provision of plans and reports of activities and budgets of agencies or services and, in any case, the indication of the number of employees, by category, that are within the scope of agreement to be concluded. 90 Article 548.º [...] In the preparation of the proposal and their response and during the negotiations, the Directorate General of administration and public employment and the other agencies and services provide the parties the necessary information at their disposal and that for them is required. Article 549.º [...] 1-the collective labour agreement, as well as its repeal, is delivered to deposit, in the Directorate General of administration and public employment, within five days following the date of signature. 2-. […]. Article 552.º [...] 1-the collective labour agreement obliges the public employers covered by its scope and service workers who are members of unions parties. 2-the collective labour agreement given by the unions, federations and confederations obliges workers enrolled in trade unions represented in accordance with the statutes of those organizations. Article 553.º [...] The collective agreements cover workers who are affiliated associations signatories at the time of the beginning of the negotiating process, as well as those in filiem during the period of validity of such agreements. 91 Article 554.º [...] 1 – in case of leave for workers or their associations, of the subject parties, the collective labour agreement applies until the end of the period that it expressly appear or, being the agreement subject to amendment until it enters into force. 2-in the case of the collective labour agreement do not have term of validity, the workers or their associations which have desfiliado of the subject parties are covered during the minimum term of one year. Article 555.º the purposes of succession in tasks 1-In case of reorganization of bodies or services with transfer of its duties or powers to another agency or service, the public employer collective agreements that link those organs or services are applicable to the organ or System Integrator service until the expiry of their periods of validity, and for at least 12 months from the date of the transfer unless, however, another collective agreement public employer pass to apply to the agency or service Integrator. 2-In case of assignment or transfer of management responsibility of organ or service for business or private entities public entities in any form, the collective labour regulation instrument that binds that agency or service is applicable to these entities until the expiry of their term of validity, and for at least 12 months from the date of the transfer unless, however, other collective labour regulation instrument of negotiations going on to apply the same entities.

Article 92 556.º [...] 1-the collective labour agreement in force for the period which the record, but may not be less than one year. 2 – the expiry of validity applies the following scheme: a) the collective labour agreement is renewed in accordance with him; b) in the case of the collective labour agreement does not regulate the matters provided for in the preceding paragraph, is renewed successively for periods of one year. 3-[No. 2]. 4-the preceding paragraphs shall not affect the application of the arrangements provided for in the following article. Article 557.º [...] 1 – Any collective labour agreement may be terminated, regardless of the period of validity or renewal clauses contained therein, within 10 years from the entry into force or, where appropriate, their last comprehensive review. 2-going on the complaint, the collective labour agreement is renewed for a period of 18 months, and the parties promote the procedures leading to the conclusion of a new agreement. 3-after the period referred to in the preceding paragraph the collective labour agreement expires, until the entry into force of another collective agreement or arbitral award, the effects defined by agreement of the parties or, failing that, the ever produced by the same agreement on contracts concerning: the worker's Remuneration); 93 (b)) duration of working time. 4-in addition to the effects referred to in the preceding paragraph, the employee benefits of other rights and guarantees arising from the application of this code. 5-within one year after the expiry of the collective labour agreement without a new agreement has been concluded and exhausted the means of resolution of collective conflicts, either party may trigger the arbitration required by separate communication that contrasts in negotiating the collective labour agreement and the Directorate General of administration and public employment. Article 558.º [...]-1 [...]. 2-the complaint must be made with an advance of at least three months, for the end of the period of validity provided for in article 556.º or in paragraph 1 of Article 557.º Article 563.º [...] 1 – trade union associations and, in the case of collective agreements public employer, employers, public can join the collective agreements or arbitration awards in force. 2 - […]. 3 - […]. 4-accession agreements apply the rules relating to the legitimacy, the signing, filing and publication of collective agreements.

Article 94 565 [...]-1. […]. 2-in the case of not having been made the appointment of the third arbitrator, the Directorate General of administration and Public Job comes to the draw of the arbitrators on the list of referees chairpersons, within five working days. 3-the Directorate-General for employment and Public Administration shall be informed by the parties of the beginning and the end of the respective procedure. 4 – the referees may be assisted by experts and have the right to obtain from the parties, the Directorate General of administration and public employment and of other agencies and services the necessary information that they have. 5 – the referees send the text of the decision to the parties and to the General Directorate of administration and public employment, for the purpose of filing and publication, within 15 days following the decision. 6-[No. 5]. Article 569 [...] 1-the necessary arbitration is triggered by a reasoned communication to any of the parties to the part that contrasts in negotiating the collective labour agreement and the Directorate General of administration and public employment. 2-in the 48 hours following the communication referred to in the preceding paragraph, the Parties shall appoint its arbitrator, whose ID is communicated, within 24 hours, to the other party and to the Directorate General of administration and public employment. 3-[No. 2]. 95 4-in the case of not having been made the appointment of the arbitrator by the parties, the Directorate General of administration and public employment shall, within five working days, to draw the referee missing from the list of arbitrators of the representatives of workers or of employers, as appropriate, and the defaulting party offer other in its place, in 48 hours, and, in this case, the arbitrators appointed to the choice of the third arbitrator, in accordance with the preceding paragraph. 5-in case of not having been made the choice of the third arbitrator, the Directorate General of administration and Public Job comes to the draw of the arbitrators on the list of referees chairpersons, within five working days. 6-the Directorate-General for employment and Public Administration notifies the representatives of the Working Party and of the employers of day and time of the draw, being this the appointment in the presence of all representatives or, in the absence of these, 1 hour later with those who are present. 7-[paragraph 6] Article 570.º [...] 1-the lists of arbitrators of the representatives of workers and employers are composed of eight referees and elaborated, within three months after the entry into force of the RCTFP, the trade union confederations and by the Member of Government responsible for public administration, respectively. 2-in the case of the lists of arbitrators of the representatives of the workers and, or, the employers were not prepared public in accordance with the provisions of the preceding paragraph, the competence for their preparation is deferred to the President of the economic and Social Council, that is within a month.

96 3-the list of referees chairpersons consists of judges or magistrates jubilados, indicated by number three, for each of the following entities: the Supreme Judicial Council); b) Board of Governors of the Administrative and tax Courts; c) Superior Council of the Public Ministry. 4-each list is in force for a period of three years. 5-the lists of Referees are received by the Directorate General of administration and public employment, which ensures their permanent updating. Article 574.º [...] It is up to the members of the Government responsible for the areas of finance and public administration the issue of extension regulations, in accordance with the following articles. Article 575.º [...] 1 – issuing a regulation can only extension being concerned social and economic circumstances that inform the warrant and after depleted all the legally provided for arrangements for the celebration of negotiating collective regulatory instruments. 2-Checked the assumptions referred to in the preceding paragraph, the members the Government responsible for the areas of finance and public administration may, by issuing a regulation, determine the extent, in whole or in part, from: 97 the) career collective agreements or arbitration awards, the other workers, provided that they are covered by the scope of application of those instruments; b) public employer collective agreements or arbitration awards, the other or other employers. Article 576.º [...] 1-members of the Government responsible for the areas of finance and public administration send publish the draft regulation in the second Series extension of the Diário da República. 2-. […]. 3 - […]. 4 - […]. Article 581.º [...] 1-The collective labour regulation instruments, as well as its repeal, are published in the second Series of the Diário da República and enter into force after its publication, on the same terms of the laws. 2-the Directorate-General for employment and Public Administration to proceed to publication in the second Series of the Diário da República of warnings about the date of the termination of collective agreements. 3-[No. 4].

Article 98 [...] 584.º 1-[...]. 2-. […]. 3 – conciliation is carried out, if required by one or by both parties, by one of the referees Presidents referred to in paragraph 2 of article 570.º, assisted by the Directorate General of administration and public employment. 4 – the arbitrator referred to in the preceding paragraph is drawn by the Directorate General of administration and public Job among the arbitrators on the list of referees chairpersons, within five working days. 5-in the case of conciliation was not required under paragraph 3, the General Directorate of administration and public employment shall be informed by the parties of the beginning and the end of the respective procedure. 6-[No. 5]. 585.º conciliation procedure article 1 – having been required in accordance with paragraph 3 of the preceding article, the Parties shall be convened for the start of the conciliation procedure, within 15 days of the application. 2-the Directorate-General for employment and Public Administration should invite to participate in the conciliation process that has as its object the revision of a collective labour agreement the parties to the negotiation process that do not require conciliation. 3-the parties referred to in the preceding paragraph must respond to the invitation within five working days. 99 4-[...]. Article 587.º [...]-1 [...]. 2-For the purposes of paragraph 1, the parties may have recourse to mediation services or other systems of labour mediation. 3-in the absence of the agreement referred to in paragraph 1, a party may request, a month after the start of the conciliation procedure, the intervention of one of the personalities listed in list of referees chairpersons to carry out the functions of a mediator. 4-[No. 3]. Article 588.º [...] 1-mediation is carried out, if required by one or by both parties, by one of the referees Presidents referred to in paragraph 2 of article 570.º, assisted by the Directorate General of administration and public employment. 2 – the official referred to in the preceding paragraph is drawn by the Directorate General of administration and public Job among the arbitrators on the list of referees chairpersons, within five working days. 3-in the case of mediation was not required under paragraph 1, the Directorate General of administration and public employment shall be informed by the parties of the beginning and the end of the respective procedure. 4-[No. 3]. 5-[No. 4].

100 6-for the preparation of the proposal, the mediator may ask the parties and any body or service data and information that they possess and that it considers necessary. 7-[paragraph 6]. 8-[No. 7]. 9-[article 8]. 10-[No. 9]. Article 1-589.º Call by the mediator. […]. 2-. […]. Article 595.º [...] 1 – entities with legitimacy to decide the use of strike should address the public employer, the Member of Government responsible for public administration and the other competent Government members, by suitable means, in particular in writing or through the media, a prior notice, with a minimum of five working days. 2 - […]. 3 - […].

101 Article 597.º [...]-1 [...]. 2-as regards labour links of the strikers remain, during the strike, the rights, duties and guarantees of the parties insofar as they do not require the effective provision of the work and the rights provided for in the legislation on social protection and benefits for accidents at work and occupational diseases. 3 - […]. Article 598.º [...]-1 [...]. 2-for the purposes of the preceding paragraph, organs or services intended for satisfaction of inescapable the social needs that integrate, inter alia, in some of the following areas: public security,) means free or in institutional means; b) posts and telecommunications; c) medical services, hospital and medical products; d) Public Health, including conducting funerals; and energy and mining services), including the supply of fuel; f) water supply; g) Fire Department; h) services to the public to ensure the satisfaction of essential needs which attaches to the State; 102 i) relating to Transport passengers, animals and perishable foodstuffs and goods essential to the national economy, including their loading and unloading; j) transportation and security of monetary values. 3 - […]. Article 599.º [...]-1 [...]. 2-in the absence of foresight in collective labour regulation instrument and there is no agreement before the notice on the definition of minimum services referred to in paragraph 1 of the preceding article, the Member of Government responsible for public administration shall convene the representatives of the employees referred to in article 593 and representatives of employers interested public, with a view to negotiation of an agreement regarding the minimum services and the necessary means to ensure. 3-in the absence of an agreement by the end of the 3rd day after the notice of strike, the definition of the services and of the means referred to in the preceding paragraph for a school board consisting of three arbitrators listed in schedule of arbitrators referred to in article 570.º, as provided for in special legislation. 4 – the decision of the School Board shall take effect immediately upon notification to the representatives referred to in paragraph 2 and shall be posted at the premises of the agency or service, usually intended for information workers. 5-[paragraph 6]. 6-[No. 7].»

103 article 4 additions to the labour code in the application of the Labour Code shall be replaced by articles 160-A, 223-A, 227.º-A, 249-257,-A, 393.º-A, 409.º-the 409.º-C and 486.º-A, is replaced by the following: ' article 188-the Service Period 1-term service period the daily time interval during which the organs or services are open to serve the public and can this period be less than or equal to the period of operation. 2-the period of attendance must tend to have the minimum duration of 7 hours a day and cover the periods in the morning and the afternoon, and should be posted, so visible to the public, in places, the hours of its beginning and its end. Article 223-Contact on vacation before the start of the holidays, the employee must indicate, if possible, to their public employer, how you can be contacted. Article 227.º-Faults due to the holiday period 1-without prejudice to the provisions laid down in law, the worker may miss two days per month due to the holiday period, up to a maximum of 13 days per year, which can be used in periods of half-days. 2-the faults laid down in the preceding paragraph are, second option, on vacation or year following himself. 104 3-faults due to the holiday period must be notified at least 24 hours or, if not possible, on the same day and are subject to authorisation, which may be refused if they are likely to cause prejudice to the normal functioning of the body or service. Article 249-the Two legal provisions regarding remuneration cannot be removed or derogated from by collective labour regulation instrument, except when providing for performance reward systems. Article 257-shift 1-since one of the shifts is wholly or partly coincides with the period of night work, shift workers are entitled to an additional remuneration the amount of which varies according to the number of shifts adopted, as well as the permanent nature of the operation of the service. 2-the increase referred to in paragraph 1, as regards the base remuneration varies between: 25% 22%, and when the regime shifts for permanent, partial or total; 22% and 20%, when the scheme is extended, weekly shifts in whole or in part; 20% and 15%, when the regime shifts is weekly, in whole or in part; 3-the fixing of the percentages in accordance with the provisions of the preceding paragraph, in rules of procedure or in collective labour regulation instrument. 4-the system of shifts is permanent when the work is provided in all seven days of the week, weekly extended when is provided on all five weekdays and on Saturday or Sunday and weekly when is provided only from Monday to Friday. 105 5-the system of shifts is total when is provided on at least three periods of daily work and partial when is provided only in two periods. 6 – extra remuneration includes what was due for night work but does not what is due for the provision of extraordinary work. 7 – the pay increase is considered for the purposes of contribution to the social protection regime applies and for calculating the corresponding pension or retirement pension. Article 393.º-the Agreement of termination the severance agreement is regulated by Ordinance of the Government officials responsible for the areas of finance and public administration with compliance with the following rules: a) the compensation to be granted to the employee takes as its reference base monthly remuneration, being the amount assessed on the basis of the number of full years, and its proportion in the case of fraction of year of public office; b) its conclusion raises the inability of the employee to be a binding relationship, by way of public employment or other organs and departments of direct and indirect State administrations, local and regional, including their business and public bodies, and with the other organs of the State, for the number of months equal to twice the number obtained by dividing the amount of compensation awarded by their basic monthly remuneration , calculated on the excess approach.

106 Article 409.º-1-hour credit during the period of notice the employee is entitled to use a credit hours corresponding to two days of work a week, subject to remuneration. 2-credit hours can be divided by some or all days of the week, by the employee. 3-the worker must inform the employer how to use public credit hours with three days notice, except reason of consideration. Article 409.º-B Complaint during the period of notice, the employee may, by declaration at least three working days cancel the contract, without prejudice to the right to compensation. Article 409.º-C 1-Compensation the worker whose contract ceases by virtue of dismissal for inability is entitled to compensation corresponding to one month's basic pay for each full year of seniority in the exercise of public functions. 2-in the case of fraction of a year, the reference value provided for in the preceding paragraph shall be calculated proportionally. 3-the compensation referred to in paragraph 1 may not be less than three months of base remuneration. 4-it is assumed that the worker accepts the dismissal when it receives the compensation provided for in this article. 107 Article 486.º-participation in electoral processes members have the rights provided for in special legislation on participation in electoral processes that are carried out within the framework of the Trade Union Association.» Article 5 of the Labour Code Provisions not applicable not applicable the following provisions of the labour code: to) articles 5 and 7 to 9; b) articles 10 to 13; c) article 14; d) articles 53 to 70; and Articles 91 and 92); f) article 94; g) Article 103; h) Article 109; I) Article 117 and paragraph 2 of article 118; j) Articles 124 to 126; l) paragraph 2 of article 130 (c)) and d) of paragraph 2 and paragraph 3 of article 132, paragraph 2 of article 138 and articles 141 and 145; m) item 165; n) Article article 182, paragraph 2 of article 183 and paragraph 2 of article 184.º; the) paragraph 5 of article 202 and paragraph 3 of article 203; 108 p) Article 206; q) Article 216, paragraph 8 of article 219(3) and paragraph 7 of article 229; r) Articles 244 to 248; s) Articles 253.º and 260.º to the 250 262.º; t) Article 265; u) Article 268; v) Articles 281 to 308; x) Articles 309 to 312; z) Articles 313 to 317; AA) Articles 318 to 321; BB) Articles 322 to 329.º; CC) Articles 332.º and 335.º the 353.º; DD) Articles 344 and 349.º; EE) Article 351.º; FF) paragraph 2 of article 364.º; Gg) Articles 365.º to 376.º; HH) Articles 377.º to 380.º; II) Articles 390.º and 391.º; JJ) paragraph 4 of Article 395.º; LL) 396.º and 397.º to 404.º Articles; mm) 411.º the 425.º Articles; nn) Articles 430.º to 432.º; 109 00) 450.º Article; pp) (b)) of article 451.º and article 458.º; QQ) Articles 471.º to 474.º; RR) Articles 506.º to 523.º; SS) Articles 524.º to 530.º; TT) Article 531.º; uu) Article 535.º; VV) (b)) and c) of Article 541.º; XX) 567.º and 568.º Articles; ZZ) Articles 577.º to 580.º; AAA) 607.º the 689(2) Articles. Article 6 adaptation of the systematic organization of the labour code in the application of the labour code are made the following adjustments to its systematic organisation: a) are eliminated the Division into books and systematic divisions of the book II; b) title I is called «and» Law Sources; c) title II is referred to as ' contract '; d) are eliminated the section 1, subsections I, V and X of section II and subsection II of section III of chapter I of title II; and) section VI of chapter I of title II is called ' Nullity of the contract '; f) subsection I of section VIII of chapter I of title II is called «Term»; 110 g) subsection I of section III of chapter II of title II article 160; h) subsection VII of section III of chapter II of title II is called ' extraordinary work '; I) subsection X of section III of chapter II of title II includes the article 223; j) subsection XI of section III of chapter II of title II includes the 227.º article; l) is eliminated the section V of chapter II of title II; m) chapter III of title II is called ' pay and other assignments of assets '; n) section I of chapter III of title II includes articles 249-and 257; the) section II of chapter III of title II is called ' Determination of the value of the pay '; p) is deleted the chapter V of title II; q) is deleted chapter VI of title II; r) are eliminated the sections I, II and III of Chapter VII of title II; s) subsection II of section IV of Chapter VII of title II is called ' suspension of contract due respect to workers '; t) is deleted the subsection III of section IV of Chapter VII of title II; u) are eliminated sections II and III of title II, Chapter VIII; v) section III of chapter IX of title II includes the 393.º article; x) section IV of chapter IX of title II is called ' Termination at the initiative of the public employer»; z) are eliminated the divisions I, II and III of subsection I and divisions I, II and III of subsection II of section IV of chapter IX of title II; 111 aa) Division IV of subsection I of section IV of chapter IX of title II includes articles 409.º-the 409.º-C; BB) subsection III of section I of Chapter 1 of subtitle I of title III is called ' Information and consultation '; CC) is eliminated the section III of Chapter 1 of subtitle I of title III; DD) subsection II of section IV of Chapter 1 of subtitle I of title III includes article 486.º; EE) subsection IV of section IV of Chapter 1 of subtitle I of title III is called ' exercise of trade union activity in the body or service '; FF) is dropped the subtitle I of chapter II of title III; Gg) is dropped the subtitle I of chapter III of title III; HH) section II of Chapter 1 of subtitle II of title III is called ' competition and articulation between collective labour regulation instruments '; II) chapter II of subtitle II of title III is called ' collective labour agreement '; JJ) section II of chapter II of subtitle II of title III is called ' Legitimacy, representation, subject matter and content '; LL) section II of chapter IV of subtitle II of title III is called «Arbitration required '; mm) is deleted chapter VI of subtitle II of title III.

Article 7 modifications to Regulation 112 of the labour code The articles 33, 37 to 40, 45, 57, 68, 69, 71, 73, 75, 78, 80, 96 to 98, 101, 103 to 107, 109 to 111, 148, 149, 158, 159, 174, 180, 181, 188, 193, 213, 214, 216, 219, 222.º, 227.º to 229, 238, 242, 244, 245, 249, 250, 253.º, 255, 258.º , 259.º, 270.º, 268, 272, 274, 275.º, 282, 283.º, 288, 289, 329.º, 332.º, 340.º, 334 to 342, 352, 354.º the 349.º the 356.º, 358.º, 361.º, 396.º to 402.º, 398, 400th, 403.º, 410.º, 412.º, 408.º to 412.º-414.º to 416.º, 432.º, 434.º, the 439.º, 441.º, 442.º and 447.º to 448, 495.º of the regulations of the labour code are applicable with the following adaptations : ' Article 33 [...] 1 – the right to equal opportunities and equal treatment as regards access to employment, vocational training and promotion, and working conditions: a) [...]; b) access to all types of guidance and training of any level, including the acquisition of practical experience; c) remuneration, promotions to all levels and criteria that serve as a basis for the selection of the workers to be made redundant; d) membership or participation in organizations of workers or any other organisation whose members carry out a particular profession, including the benefits for them. 2 - […]. 3 - […]. 4 - […]. 113 article 37 equality of remuneration 1-[...]. 2-Notwithstanding the provisions of paragraph 2 of article 28 of the code, the equality of remuneration implies that for equal work or of equal value:) any form of variable remuneration is established on the basis of the same unit of measurement; b) […]. 3 - […]. Article 38 Penalties without justification is assumed without reason justifying the dismissal or the imposition of any sanction under the appearance of another penalty Miss, when takes place until one year after the date of the complaint, claim or filing a court action against the employer. Article 39 [...] 1-the provisions of the statutes of the organizations representative of workers, as well as the internal regulations of agency or service that restrict access to employment, occupation, vocational training, working conditions or professional career exclusively male or female workers, outside the cases referred to in paragraph 2 of article 23 and article 30 of the Code, by applicable to both sexes.

114 2-the provisions of collective labour regulation instruments, as well as the internal regulations of agency or service that establish working conditions apply exclusively to male or female workers to occupational categories with functional content equal or equivalent shall be deemed to be replaced by more favourable provision, which covers workers of both sexes. 3-for the purposes of the preceding paragraph, it is considered that the training has equal functional content category or equivalent when their descriptions correspond, respectively, to equal work or work of equal value, pursuant to points (a) (c)) and d) of paragraph 2 of article 32 article 40 [...] All employers must keep for five years public register of recruitments made where, by gender, in particular, the following elements: the Publishing of concursais procedures); b) number of applications submitted; c) number of candidates in selection methods; d) results of the selection methods used; and final Sorting of candidates); f) social balance sheets relating to information needed to analyze the existence of possible discrimination against one of the sexes in access to employment, vocational training and promotion, and working conditions. Article 45 [...] 1-[...]. 115 2-[...]. 3-the notification must contain the following elements: a) name and address of the agency or service; b) […]; c) […]; d) […]. 4 - […]. Article 57 [...] 1-[...]. 2 – If the agency or service is extinct, the records and files should be transferred to the body of the Ministry responsible for labour area responsible for safety, hygiene and health at work, which ensures its confidentiality. 3 - […]. Article 68 [...] 1-the employee can opt for a maternity leave 25% higher than provided for in paragraph 1 of article 35 of the code, with the increase being enjoyed following childbirth, not necessarily in accordance with the legislation on social protection. 2 - […]. 3 – the arrangements laid down in the preceding paragraphs shall apply to the parent having the license for paternity in the cases provided for in paragraphs 2 and 4 of article 36 of the code. 4 - […]. 116 5-[...]. 6 - […]. 7 - […]. Article 69 [...] 1-[...]. 2 - […]. 3-the employee who wishes to enjoy paternity leave, by joint decision of the parents, shall inform the public employer with 10 days ' notice and:) [...]; b) […]; c) prove that the employer, public or private, the mother was informed of the joint decision. Article 71 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 – In any of the cases referred to in the preceding paragraph, the worker must:) [...]; b) […]; 117 c) prove that your spouse informed their employer, public or private, of the joint decision. 6 - […]. 7 - […]. 8 - […]. Article 73 [...] 1-[...]. 2-the exemption for lactating, referred to in paragraph 3 of article 39 of the code, may be exercised by the mother or the father worker, or both, as joint decision and the beneficiary, in any case: a) [...]; b) […]; c) […]; d) prove that the other parent informed their employer, public or private, of the joint decision. 3-the daily discharge for breastfeeding or lactating is enjoyed in two distinct periods, with the maximum duration of 1 hour each, unless other arrangements are agreed with the public employer, in any case not to exceed 2 hours a day. 4 - […]. 5 - […]. 6 - […].

118 Article 75 [...] 1-[...]. 2 - […]. 3-in the cases referred to in the preceding paragraph, the holder to miss work shall present to the public employer:) [...]; b) proof that the other holder informed their employer, public or private, of the joint decision. Article 78 [...] 1-[...]. 2-unless otherwise agreed, the normal period of part-time work corresponds to half the full time and practiced is provided daily, morning or afternoon, or in three days a week, according to the request of the worker. Article 80 [...] 1-[...]. 2 - […]. 3-If the opinion referred to in the preceding paragraph is unfavorable, the public employer can only refuse the request after court decision that recognizes the existence of justification.

119 4-the public employer must inform the worker in writing within 20 days of receipt of the request, indicating the basis of the intention to refuse. 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9 - […]. Article 96 [...] The worker, after any leave, absences, dismissal or special work scheme regulated in this chapter is entitled to resume previous activity. Article 97 [...] 1 – [No. 2]. 2-in the case referred to in point (c)) of the preceding paragraph, the employee resumes the previous activity in the first wave that occur in the body or service or, if this however if not check at the end of the period for the license. 3-Completed the licences referred to in paragraph 1, the employee must report to the public employer to resume previous activity, under penalty of incurring unwarranted absences.

120 Article 98 [...] 1-for the purposes of article 51 of the code, the public employer must mail a copy of process to the entity that has competence in the area of equal opportunities between men and women, at the following times: a) With the final report of the instructor, the dismissal due to the fault of the worker; b) after the consultations referred to in article 427.º of the code, the dismissal for inability. 2 - […]. 3-the action referred to in paragraph 6 of article 51 of the code must be initiated in the 30 days following the notification of the prior opinion unfavorable to the dismissal issued by the entity that has competence in the area of equal opportunities between men and women. 4 - […]. Article 101 [...] 1-[...]. 2 – allowances for maternity, paternity, adoption and parental leave: a) [...]; b) […]; c) Postpone the application of selection methods of tendering procedure, which should take place after the expiry of the licence. 3 - […]. 121 4-the licenses provided for in paragraphs 3, 4 and 5 of article 43 and article 44 of the code shall suspend the rights, duties and guarantees of the parties insofar as they require the effective provision of work, in particular the remuneration. 5-the licenses provided for in articles 43 and 44 of the code are without prejudice to the allocation of the benefits of the health subsystems and complementary social action to which the employee is entitled. 6-[No. 5]. 7-the beginning of the effective exercise of functions that should occur during the period of maternity, paternity and adoption is transferred to the end of the same, producing the indefinite contract all the effects, in particular of antiquity, from the date of publication of the respective extract. Article 103 [...] 1 – for the licenses, faults and waivers referred to in articles 35, 36, 38 and 41, paragraph 3 of article 47 and in subparagraph (c)) of paragraph 4 of article 49 of the code, as well as in article 68, the employee is entitled to an allowance under the law on social protection. 2 - […]. 3 - […]. Article 104 Allowance in case of faults for assistance in the event of faults for assistance to minors and people with disabilities or chronic illness, in accordance with articles 40 and 42 of the code, the employee is entitled to an allowance under the law on social protection.

122 article 105 relevance to access to social protection benefits license periods provided for in articles 43 and 44 of the code are taken into account for the calculation of benefits by social protection schemes in the event of invalidity or old age. Article 106 [...] During the license provided for in article 44 of the code, the employee is entitled to an allowance for assistance to the disabled and chronically ill, under the law on social protection. Article 107 [...] The licenses for maternity, paternity and adoption referred to in articles 35, 36 and 38 of the code does not determine the loss of any rights, being considered as effective provision of service for all purposes. Article 109 [...] 1-The waivers referred to in article 39, paragraph 3 of article 47 and in subparagraph (c)) of paragraph 4 of article 49 of the code are considered as effective provision of service for all purposes, except as regards remuneration. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 123 6-[...]. 7 - […]. Article 110 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 — The shortcomings referred to in this article do not determine the loss of any rights and are considered as effective service provision and the provisions of paragraphs 2 and 4 of article 109 article 111 part-time work and flexibility of Schedule 1-schemes for part-time work and flexibility of schedule provided for in article 45 of the code are governed by the law applicable to workers who carry out public functions in the mode of appointment in the field duration and hours of work. 2-the scheme of part-time work and the specific times, with the necessary flexibility and without prejudice to the fulfilment of the weekly duration of working hours referred to in article 45 of the code, are applied at the request of the parties concerned, so as not to disturb the normal functioning of the organs or services, by agreement between the leader and the employee , with observance of the prescribed by law with regard to the duration and modalities of working hours for workers who perform public functions in the mode of appointment.

124 3-where the number of claims for use of the facilities of timetables to be manifested and proven to the normal functioning of compromising or services, are laid down, by the procedure laid down in the preceding paragraph, the number and the conditions under which are trasmitted the claims presented. 4 - […]. 5 - […]. Article 148 [...] 1-[...]. 2-for the purposes of paragraph 2 of article 79 of the code, the worker must prove: a) [...]; b) in view of the educational establishment, the quality of worker. 3 - […]. 4 - […]. 5 - […]. Article 149 [...] 1-[...]. 2-the exemption for frequency of classes referred to in paragraph 1 may be used at once or in, at the choice of the student-worker, depending on the normal weekly working period applicable in the following terms: a) [...]; b) […]; 125 c) less than 34 hours-exemption until 5 hours per week. 3 - […]. Article 158 [...] 1-for the purposes of paragraph 1 of article 88 of the code, the contract must contain, in addition to the particulars and the requirements laid down in paragraphs 1 and 2 of article 102 of the code, or in paragraph 1 of article 131 of the same code, in the case of fixed term contract resolutivo, the reference to the work visa or the residence permit or residence of the worker in Portuguese territory. 2 - […]. 3-the employer must keep public, along with the copy of the contract, documents proving legal obligations relating to entry and residence or residence of foreign citizens in Portugal. Article 159 of the celebration and Communication of termination 1-for the purposes of paragraph 1 of article 89 of the code, before the start of work on the part of the foreign worker or stateless person, the public employer shall communicate, in writing, the conclusion of the contract the General Inspectorate of Finance. 2-If the termination of employment, the employer must inform public in writing, within 15 days, the General Inspectorate of Finance. 3-[No. 4].

126 article 174 [...] 1-in the case of workplace occupied by worker hired the right term to be occupied by worker hired for an indefinite period, the public employer has the right to compensate for the increase of the share of the social rate only with a reduction, equal in percentage and period of the increase occurred in accordance with article 172 2 – the reduction referred to in the preceding paragraph is not cumulative with any other portion of the social rate reduction only the position of the employer and on worker occupies the same workstation. Article 180 [...] 1 – The map of work schedule shall include: a) identification of the employer; b) headquarters and workplace; c) Start and end of the period of operation of the agency or service; d) [(f))] and) weekly rest Days required and complementary; f) [(h))]) [(i))] 2-. […]. 3 – where the work schedules include different staff shifts, must bear the corresponding map: 127 the) [...]; b) […]; c) […]; d) […]; 4 - […]. Article 181 display of the map of Schedule 1-[...]. 2 - […]. Article 188 [...] 1-[...]. 2-the registration of extraordinary work must contain the elements and be carried out in accordance with the model approved by order of the Member of Government responsible for public administration. 3 - […]. 4 - […]. Article 193 [...] 1-A public employer may designate a doctor to carry out the verification of the situation of the worker's disease: a) [...]; 128 b) having received the notification referred to in paragraph 2 of article 192 or, in the absence of this, if you have not obtained the doctor's indication on the part of the social security services in the 24 hours after the presentation of the request provided for in paragraph 1 of article 191 2-[...]. Article 213 [...] 1-for the purposes of the provisions of articles 272 to 278.º of the code, as well as in this chapter: (a) ") [...]; b) […]. c) Prevention — set of activities or measures taken or planned at all stages of activity of the agency or service, in order to prevent, eliminate or reduce occupational hazards. 2-the following are considered high risk: a) Work in construction, earth-moving, excavation, tunnels, with risks of falls from a height or burial, demolitions and intervention in railroads and highways without traffic interruption; b) works in extractive industries; c) hyperbaric Work; d) jobs that involve the use or storage of significant quantities of dangerous chemicals which could cause serious accidents; and Manufacturing, transport and use) of explosives and pyrotechnics; f) Work in the steel industry and shipbuilding; 129 g) Work involving contact with electrical currents of medium and high voltage; h) production and transportation of compressed, liquefied or dissolved gases, or the use of them; I) work involving exposure to ionizing radiation; j) work involving exposure to carcinogens, mutagens or toxic to reproduction; k) work involving exposure to biological agents in Group 3 or 4; l) Work involving risk of silicosis. Article 214 [...] On promotion and assessment at the national level, policy measures on safety, hygiene and health at work should ensure consultation and participation of the most representative organizations of workers. Article 216 [...] 1-[...]. 2-for the purposes of the preceding paragraph, the public employer may request the support of the competent government services when lacks the means and conditions necessary to the implementation of the training, as well as the structures of collective representation of workers as regards the training of their representatives. Article 219 [...] 1-the Organization of services of safety, hygiene and health at work, the public employer may adopt, without prejudice to the provisions of the following paragraph, one of the following modes: 130 a) internal services; b) shared services; c) external Services. 2-integrated activities in the operation of the services of safety, hygiene and health at work can still be provided, in whole or in part, by one or more designated workers who have received appropriate training in accordance with article 223 and have the time and necessary resources. 3-the pursuit of the activities referred to in the preceding paragraph depends on authorisation granted by the body of the Ministry responsible for labour area responsible for prevention of safety, hygiene and health at work. 4-the workers designated pursuant to paragraph 2 shall not be adversely affected because of the performance of activities. 5-the authorization referred to in paragraph 3 is withdrawn if the agency or service submit more than once over a period of five years, rates of incidence and severity of accidents higher than average of its sector. 6-in the case referred to in the preceding paragraph, the public employer must adopt another method of organization of security services and hygiene at work within three months. 7-the public employer may adopt different modalities of organization in each establishment that feels organic unit or peripheral. 8-[No. 4]. 9-[No. 5]. 10 – the use of shared services or external service does not exempt the public employer responsibilities assigned to it by the legislation on safety, hygiene and health at work. 131 Article 222.º [...] If the modalities are adopted shared services or external services, the public employer shall designate in each establishment or deconcentrated organic unit peripheral, a worker with adequate training that represents to accompany and assist the proper implementation of preventive activities. Article 227.º […] For the purposes of the previous articles, the rates of incidence and severity of occupational accidents sector averages are calculated by the competent service of the Ministry responsible for labour area. Article 228 shared services shared services work in accordance with the law. Article 229a [...] 1-external services are hired by employers to other entities, public or private. 2 - […]. 3 – the public employer may adopt a mode of organization of external services different from the procedures laid down in the preceding paragraph, provided that it is previously authorized, in accordance with articles 230 to 237 132 4-the contract between the employer and the public entity that ensures the provision of external services is concluded in writing and must contain the following elements : the) identification of provider of services; b) the place of supply of services; c) dates of the beginning and the end of the activity; d) identification of the technician responsible for the service and, if different, of the occupational physician; and) the number of workers potentially covered; f) the number of hours per month of employment of staff of the provider of services to the public employer; g) acts outside the scope of the contract. Article 238 [...] The Organization of internal services and shared services must meet the requirements defined in paragraph 1 (b))) of paragraph 3 of article 230, as well as the human resources, the provisions of articles 242 and 250. Article 242 [...] 1-[...]. 2-the allocation of activities of technical safety and hygiene at work is established as follows: a) In organ or service with a number equal to or less than 50 workers, 1; 133 b) In organ or service with more than 50 workers, 2 technicians, for every 3000 workers covered or fraction, being, at least, one senior technician. 3 - […]. Article 244 [...] 1-the technical responsibility of health surveillance is the responsibility of the occupational physician. 2-in the organs or services with more than 200 employees, the technical responsibility of health surveillance it is up to the doctor and the nurse work. Article 245 [...] 1-[...]. 2-Notwithstanding the provisions of special legislation, the following tests shall be carried out: a) [...]; b) periodic inspections, annual for workers aged over 50 years old and every two years for the remaining workers; c) […]. 3 - […]. 4 - […]. 5 - […].

134 article 249 [...] The doctor and the nurse work have access to the information referred to in paragraphs 1 and 2 of article 243, covered by the obligation of professional secrecy pursuant to paragraph 3 of the same article. Article 250 [...] 1-[...]. 2 — the doctor and the nurse must know the material components work with influence on health of workers developing for this purpose within the activity or service, at least 1 time per month for each group of 20 workers or fraction. 3 - […]. Article 253.º [...] The public employer, if we do not receive the opinion of the workers ' representatives for safety, hygiene and health at work or, failing that, of their own workers, consulted pursuant to points (a) and), f) and (g)) of paragraph 3 of article 275.º of the code, must inform them of the reasons: a) [...]; b) […]; c) the name of the representative of the public employer that accompanies the activities of shared services or external services; d) […]; e) using shared services or to external services. Article 255 135 [...] 1-[...]. 2-The Office-holders leaders and the heads of multidisciplinary teams must cooperate, in particular, in connection with the services under its hierarchical and technical framework, with the services of safety, hygiene and health at work in the implementation of preventive measures and health monitoring. Article 258.º [...]-1 [...]. 2 - […]. 3 - […]. 4 - […]. 5-the employer must inform the public body of the Ministry responsible for labour area responsible for prevention of safety, hygiene and health at work and the Directorate-General for health, within 30 days of the initiation of the shared services activity, the elements referred to in the preceding paragraph. 6 - […]. Article 259.º [...] 1 – the public employer shall establish, for each of the peripheral or organic units devolved institutions, an annual report of the activities of the security services, hygiene and health at work. 2 - […]. 136 3-the report shall be presented, in the month of April of the year following the month concerned, the municipal delegate of health and the Office of the Ministry responsible for labour area responsible for safety, hygiene and health at work in the area of location of peripheral or deconcentrated organic unit establishment or, if these change of location during the year to which the report with respect , the area in which the public employer. 4 - […]. 5 - […]. 6-The auxiliary elements necessary for the completion of the report are provided by the competent service of the Ministry responsible for labour area, in e-mail appropriately publicized. 7 - […]. 8 - […]. Article 268 [...] 1-the Election Commission consists of: a) [...]. b) […]. c) two workers chosen according to the criteria laid down in paragraph 1(a) above, except in the case of agency or service with less than 50 employees; d) […]. 2 - […]. 3 - […]. 4 - […]. 137 5-[...]. Article 270.º [...] 1 – the public employer must deliver to the Electoral Commission within 48 hours after receipt of the communication identifies the President and the Secretary, the electoral roll, and that the immediate posting on the agency or service, peripheral or deconcentrated organic unit establishment. 2-the electoral roll must contain the name of the agency or service workers and, where appropriate, identified by peripheral or deconcentrated organic unit establishment on the date of appointment of the Electoral Act. Article 272 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5-The lists should be immediately posted in appropriate locations, the agency or service, peripheral and deconcentrated organic unit establishment. Article 274 [...] 1 – In each establishment or deconcentrated organic unit peripheral with a minimum of 10 workers must exist at least one polling station.

138 2-[...]. 3 - […]. Article 275.º [...]-1 [...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 – peripheral institutions or organic units devolved, the election takes place in all of them the same day, time and on the same terms. 7-When, due to work per shift or other reasons, it is not possible to comply with the provisions of the preceding paragraph, must be simultaneously the opening of polls to vote for their clearance on all peripheral or organic units devolved institutions. 8 - […]. Article 282 [...] 1-[...].

139 2-the dismissal of a worker representative candidate of workers for safety, hygiene and health at work, as well as exercising or there is exercised these functions for less than three years, presumably done without cause or justification. 3-in the case of workers ' representative for safety, hygiene and health at work being fired and have been filed restraining order to suspend the effectiveness of the Act of dismissal, not only is enacted should the Court conclude the existence of serious probability for verifying the cause or justification invoked. 4 – administrative actions relating to disputes relating to the dismissal of workers ' representatives for safety, hygiene and health at work has urgent nature. 5-without prejudice to the next paragraph, there is no cause or justification, the fired worker has the right to choose between reinstatement in the body or service and compensation calculated in accordance with paragraph 1 of article 439.º or established in collective labour regulation instrument, and never lower than the base remuneration corresponding to six months. 6-in case of dismissal decided on disciplinary procedure for compensation in lieu of reinstatement referred to in the preceding paragraph shall be calculated in accordance with Disciplinary Status of workers performing Public Functions. Article 283.º Protection in the event of a change of workplace workers ' representatives for safety, hygiene and health at work cannot be changed from workplace without their consent, unless the change of place of work result from change of premises of the body or service or course of legal norms applicable to all staff.

140 Article 288 Duties of informing and consulting the public employer is required to provide information and to consult, in accordance with the law. Article 289 Justification and control 1 – failure to provide information or consultations referred to in the preceding article must be justified in writing, on the basis of legal criteria objectively aferíveis. 2 – the refusal to provide information or for consultations may be subject to administrative and judicial assessment, in accordance with the law on access to administrative information and the code of procedure in administrative courts. Article 329.º [...] 1 – [...]. 2-the statutes may provide for the existence of subcommittees of workers in bodies or services with peripheral or organic units devolved institutions. Article 332.º [...] 1 – the public employer must deliver the electoral roll to workers undertaking the convening of vote of the Statute, within 48 hours after receipt of the copy of the notice of meeting, and these to your immediate posting on organ or service, establishment or peripheral unit that feels organic.

141 2-the electoral roll must contain the name of the agency or service workers and, where appropriate, grouped by peripherals or organic units devolved to the date of the convening of the vote. Article 333.º [...] 1 – In each establishment or deconcentrated organic unit peripheral with a minimum of 10 workers there must be at least one polling station. 2 - […]. 3 - […]. 4 - […]. Article 334 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 – peripheral institutions or organic units devolved, the vote takes place in all of them the same day, time and on the same terms. 7-When, due to work per shift or other reasons, it is not possible to comply with the provisions of the preceding paragraph, the opening of the ballot boxes to vote for its clearance must be on all peripheral or organic units devolved institutions. Article 142 340.º [...] 1-The members of the workers and of subcommittees of workers are elected from among the lists submitted by the respective agency or service workers, peripheral or deconcentrated organic unit establishment, by direct and secret voting, and in accordance with the principle of proportional representation. 2 - […]. 3-can only compete for the lists they are subscribed by at least 100 or 20% of the employees of the agency or service or, in the case of lists of subcommittees of workers, 10% of the employees of the peripheral or deconcentrated organic unit establishment and any worker subscribe or be part of more than one competitor list to the same structure. 4 - […]. 5 - […]. Article 342 [...] The Commission and the subcommittees of workers can only start their activities after the publication of the statutes of the first and of the results of the election in the second Series of the Diário da República. Article 349.º [...] The Coordinating Committee may only start their activities after the publication of its statutes and the results of the election in the second Series of the Diário da República.

143 Article 350.º [...] 1-the Electoral Commission referred to in paragraph 1 of article 336 shall, within 15 days from the date of discharge, apply to the Ministry responsible for public administration to register the establishment of the Commission and the approval of the statutes or of its amendments, joining the statutes approved or altered, as well as certified copies of the minutes of the Electoral Commission and of polling , accompanied by the documents of registration of voters. 2 – the Electoral Commission referred to in paragraph 2 or 5 of article 340.º shall, within 15 days from the date of discharge, apply to the Ministry responsible for public administration to register for the election of members of the workers and of subcommittees of workers, certified copies of the competing lists, as well as of the minutes of the Electoral Commission and of polling , accompanied by the documents of registration of voters. 3 – commissions for workers who participated in the Constitution of the Coordinating Committee shall, within 15 days, apply to the Ministry responsible for public administration, the registration of the establishment of the Coordinating Committee and the approval of the statutes or of its amendments, joining the statutes approved or altered, as well as certified copies of the minutes of the meeting at which the Commission was established and the registration document of the voters. 4-commissions of workers who participated in the election of the Coordinating Committee shall, within 15 days, apply to the Ministry responsible for public administration, the registration of the election of the members of the Coordinating Committee, certified copies of the competing lists, as well as of the minutes of the meeting and the registration document of the voters.

144 5 – the Ministry responsible for public administration shall register within 10 days:) [...]; b) […]. Article 351.º [...] The Ministry responsible for public administration shall be published in the second Series of the Diário da República:) [...]; b) […]. Article 352 [...] 1 – After the registration of the establishment of the Commission and the approval of the statutes or of its amendments, the Ministry responsible for public administration posts, within eight days after the publication of the minutes certified copies of the Electoral Commission and of the polling stations, voters ' registration documents, bylaws approved or changed and the request for registration as well as the assessment based on the legality of the Commission's Constitution and bylaws or amendments, the public prosecutor of the headquarters of the respective agency or service. 2 - […]. Article 354.º [...] 1 – Constitute rights of workers committees, namely: the 145) [...]; b) […]; c) participate in procedures related to workers in the context of the processes of reorganization of bodies or services; d) […]. 2 – the subcommittees of workers can: a) exercise the rights provided for in (a)), b) and (c)) of the preceding paragraph, which are delegates by the committees of workers; b) […]; c) liasing between the workers of the peripheral or organic units devolved institutions and the respective committees of workers, getting linked to General guidance for these established. 3 – […]. Article 355.º [...]-1 [...]. 2 - […]. 3-the preceding paragraphs shall also apply to the subcommittees of workers in relation to the leaders of respective peripheral or organic units devolved institutions.

146 Article 356.º [...] The right to information shall cover the following subjects: the) Plan and activity report; b) budget; c) management of human resources, on the basis of personal maps; d) provision of accounts, including balance sheets, accounts and management reports; and reorganizing the Agency projects) or service. Article 358.º [...] 1-the members of the committees and subcommittees must request, in writing, respectively, the maximum leader or management organ of the agency or service, or the leader of the peripheral or organic unit establishment that feels the information relating to the matters referred to in the preceding articles. 2 - […]. 3 - […]. Article 361.º [...] 1-the management control cannot be exercised in relation to the following activities: a) national defence; b) external representation; c) security information; 147 d) criminal investigation; and public safety in) means free or in institutional means; f) inspection. 2-also are excluded from the management control activities involving direct or delegated by, powers of the organs of sovereignty, as well as of regional assemblies and regional governments. Article 396.º [...] This section regulates the paragraph 3 of Article 497.º of the code. Article 397.º [...] 1-for the purposes of paragraph 2 of Article 497.º of the code, meetings can be convened: the Trade Union or the Commission) by the Inter-Union Commission; b) Exceptionally, by the unions or their delegates. 2-Fits only to unions recognize the existence of exceptional circumstances justifying the conduct of the meeting. Article 398 [...] 1 – promoters of meetings are required to communicate to the public employer, at least 24 hours, the date, time, number of estimated participants and location where you want to that they are carried out, and shall affix their respective meetings. 2 – […]. 148 3 – After the receipt of the communication referred to in paragraph 1 and, where appropriate, of the proposal referred to in the preceding paragraph, the employer must put at the disposal of the public prosecutors of the meetings, since these require and the physical condition of the premises permit, a location suitable for carrying out the same, taking into account the elements of communication and proposal as well as the need to respect the provisions of the final part of paragraphs 1 and 2 of Article 497.º of the code. 4 - […]. Article 400th [...] 1-without prejudice to the provisions on collective labour regulation instrument, the maximum number of members of the Board of trade union association that benefit credit hours is determined as follows: a) unions with a number equal to or less than 1 200 associates – member; b) unions with over 200 associates-1 member for every 200 associated or portion of the property, up to a maximum of 50 members. 2-The unions whose internal organization management structures understand regional or district-based benefit still credit hours, in one of the following solutions: the) base structures regional, up to a maximum of seven-1 member for every 200 associated or corresponding fraction of at least 100 members, up to a maximum of 20 Board members of each structure; (b)) in the district-based structures, up to a maximum of 18-1 member for every 200 associated or corresponding fraction of at least 100 members, up to a maximum of 7 Board members of each structure. 149 3-combined application of paragraphs 1 and 2 should correct the result so that there is a number less than 1.5 of the result of applying the provisions of paragraph b) of paragraph 1, to the effect that the maximum limit stated there is of 100 members. 4-When the unions understand district structures on the Mainland and the autonomous regions structures applies them to the provisions of paragraph b) of paragraph 2 and subparagraph (a)) of the same paragraph up to a maximum of 2 structures. 5 – as an alternative to the preceding paragraphs, without prejudice to the provisions on collective labour regulation instrument, the maximum number of Board members of unions representing employees of local authorities receiving credit hours is determined as follows: a) Municipality in carrying out functions between 25 and 50 unionized workers-1 member; b) Municipality in carrying out functions 50 to 99 unionized workers – 2; c) Municipality in carrying out functions 100 to 199 unionized workers – 3 members; d) Municipality in carrying out 200 to 499 employees unionized functions-4 members; and) municipality in carrying out functions to 999 500 unionized workers-6 members; f) Municipality in carrying out functions 1000 to 1999 unionized workers-7 members; g) Municipality in carrying out functions 2000 to 4999 unionized workers-8 members;

150 h) Municipality in carrying out functions 5000 to 9999 unionized workers-10 members; I) Municipality in carrying out functions 10000 or more unionized workers-12 members. 6-For the performance of his duties, each Member of the Board shall, pursuant to the preceding paragraphs, credit hours corresponding to four working days per month, which can be used on half-day periods, keeping the right to remuneration. 7-the Union Association shall communicate the identity of members who benefit from the credit hours to the Directorate-General of Public Administration and employment and to the agency or service in exercising functions, until 15 January of each calendar year and 15 days after any change in the composition of its Board, unless specific nature of the activity cycle justify different calendar. 8-the Union Association shall report to the organs or services where exercising the Board members referred to in the above paragraphs the dates and the number of days that they require for the exercise of their duties with a day in advance if possible, on one of two working days. 9-the provisions of the preceding paragraphs shall not affect the possibility for the Board of Trade Union Association assign credits hours to other members of the same, even though belonging to different services, and regardless of whether they participate in direct or indirect State Administration, regional administration, municipal administration or other public legal person, provided that, in each calendar year does not exceed the total amount of credit hours assigned pursuant to paragraphs 1 to 3 and communicate such fact to the Directorate-General of Public Administration and employment and to the agency or service in carrying out functions at least 15 days. 10-the members of the Federation, Union or Confederation do not receive credit for hours, applying them to the next paragraph. 151 11-Board members of Federation, Confederation or Union can conclude agreements with public interest-providing for the exercise of Trade Union functions in those structures of collective representation, and the respective remuneration provided by the transferor to the public employer following maximum number of Board members: a) 4 members, in the case of trade union confederations representing at least 5% of the universe of workers performing public functions; b) 2 for every 10,000 members or fraction corresponding at least to 5,000 members, up to a maximum of 10 members; c) 1 member for district-wide or regional Union and represents at least 5% of the universe of workers serving in the respective area. 12 – for the purposes set out in subparagraph (b)) of the preceding paragraph, shall be the number of workers affiliated to associations that are part of those structures of collective representation of workers. 13-the Directorate General of administration and public employment, as well as when this entity by reason of the special nature of careers to delegate this function, keeps updated mechanism for monitoring and control of the credit system provided for in the preceding paragraphs. Article 402.º [...] 1-The Board members referred to in paragraphs 4 and 7 of the 400th article whose ID is communicated to the Directorate General of administration and public employment and the agency or service in performing functions pursuant to paragraphs 5 and 7 of the same article, in addition to credit hours, enjoy the right to justified absences , for all legal purposes as effective service, except as to the remuneration. 152 2-the other members of the Board have the right to justified absence up to a maximum of 33 fouls per year, for all legal purposes as effective service, except as to the remuneration. Article 403.º [...] 1-When faults determined by the exercise of trade union activity, provided for in the preceding article, if prolonged beyond a month applies the system of suspension of the contract due for the worker. 2-the provisions of the preceding paragraph shall not apply to Board members whose absence at work, beyond a month, be determined by the accumulation of credit hours. Article 408.º [...] 1-for the purposes of paragraph 4 of Article 569 of the code, the Directorate General of administration and public employment communicates to the parties the choice by lot of referee missing or, in its place, the appointment of the arbitrator by the defaulting party. 2 - […]. Article 409.º [...] For the purposes of paragraph 4 of Article 569 of the code, the arbitrators indicated communicate the choice of the third arbitrator to the Directorate-General of Public Administration and employment and to the parties, within 24 hours.

153 Articles 410.º [...] 1-for the purposes of paragraphs 4, 5 and 6 of Article 569 of the code, every one of the lists of arbitrators of the workers, the employers and Presidents is ordered alphabetically. 2 - […]. 3-the Directorate-General for employment and Public Administration notifies the representatives of the Working Party and of the employers of day and time of the draw, at least 24 hours. 4-if one or both of the representatives are not present, the Directorate General of administration and public employment refers to workers of the Directorate General, in equal numbers, to be present at the draw. 5-the Directorate-General for employment and Public Administration draws up the minutes of the draw, which must be signed by those present and communicated immediately to the parties. 6-the Directorate-General for employment and Public Administration shall communicate immediately the draw to the arbitrators that constitute the arbitral tribunal, the alternates and those parts which have not been represented in the draw. Article 412.º [...] 1-for the purposes of article 570.º of the code, the referees who are part of the lists of referees must sign, before the President of the economic and Social Council, an end-user license agreement. 2-after the signing of the terms of acceptance, the lists of Referees are received by the Directorate General of administration and public employment and published in the second Series of the Diário da República. 412.º-the Article 154 [...] 1-the arbitral tribunal is constituted by the referee declared President after you complete the process for appointing the arbitrators under Article 569 and, where applicable, article 570.º of the code, and after signing by each of the end-user license agreement. 2-upon acceptance provided for in the preceding paragraph, the arbitrators may refuse the performance of their duties, except in the case of renunciation by declaration addressed to the President of the economic and Social Council, producing the resignation 30 days after effects statement. 3-If the time limit referred to in the preceding paragraph shall end in the course of an arbitration, the resignation of referee who participate can only produce effect from the end of the same. Article 414.º [...] 1 – Any arbitrator should be replaced in its list in case of death, resignation or permanent disability. 2 – […]. Article 415 [...] The umpires who have intervened in an arbitration process are prevented, in the two years following the expiry, to be Board members or provide activity to Gewerkschaftsbund part in this process or serve in public employer that has interest in the arbitration process.

155 Article 416.º [...] Violation of paragraph 1 determines the immediate replacement of the referee in the composition of the arbitral tribunal and, where appropriate, on their list, as well as the impossibility of integrating arbitral tribunal or any list of referees for five years and the return of fees received. Article 432.º [...] 1-the arbitral tribunal may appoint an expert. 2-[No. 3]. Article 434.º [...] The arbitral tribunal may request the Directorate-General for Administration and public employment, to other agencies and services and to the parties the necessary information in their possession. Article 435.º [...] The Directorate General of administration and public employment provides administrative support to the functioning of the arbitral tribunal. Article 436.º [...] 1-the arbitration will take place in the location indicated by the President of the economic and Social Council, only being allowed the use of facilities of any of the parties in the case of these and the referees are in agreement. 156 2-it is the Ministry responsible for public administration the provision of facilities for the conduct of arbitration where there is unavailability of premises indicated by the President of the economic and Social Council. Article 437.º [...] The fees of the arbitrators and experts shall be fixed by order of the Member of Government responsible for public administration, preceded by hearing the trade union confederations sitting in Permanent Committee of Social dialogue. Article 438 [...] 1-charges arising out of the use of arbitration shall be borne by the State budget, through the Directorate General of administration and public employment. 2-process costs Are: a) the fees, travel and subsistence expenses of the arbitrators; b) the fees, travel and subsistence expenses of experts. 3-the preceding paragraphs and in article 437.º shall apply mutatis mutandis to the processes of conciliation, mediation and voluntary arbitration whenever the conciliator, mediator or arbitrator President be chosen from the list of referees chairpersons provided for in article 570.º of the labour code. Article 439.º [...] This chapter regulates the paragraph 3 of article 599.º of the code.

Article 157 441.º Constitution of arbitral college 1-on the 4th day after the notice of strike the Member of Government responsible for public administration declares the School Board pursuant to paragraph 3 of article 599.º of the code, shall notify the parties and the arbitrators. 2-to eventual Constitution of arbitral college provided for in the preceding paragraph, each of the lists of arbitrators of the workers, the employers and Presidents is ordered alphabetically. 3-the draw of the referee and substitute should be done through as many numbered balls how many arbitrators that are not legally restricted in this case corresponding to each number the name of an arbitrator. 4-the General Directorate of administration and public employment notifies the representatives of the Working Party and of the employers of day and time of the draw, at least 24 hours. 5-if one or both of the representatives are not present, the Directorate General of administration and public employment refers to workers of the Directorate General, in equal numbers, to be present at the draw. 6-the Directorate-General for employment and Public Administration draws up the minutes of the draw, which must be signed by those present and communicated immediately to the parties. 7-the Directorate-General for employment and Public Administration shall communicate immediately the draw to the arbitrators that constitute the arbitral tribunal, the alternates and those parts which have not been represented in the draw.

158 Article 442.º [...] 1 – where appropriate, the parties and the arbitrators shall provide immediately after the notification referred to in the previous article the impediment requirement and the request for excuse, respectively. 2 – the decision of the application and of the request referred to in paragraph 1 the President of the economic and Social Council. Article 447.º [...] 1-the notification of the decision shall be made until 48 hours before the beginning of the period of the strike. 2-in the case of the notice be five working days, the notification of the decision shall be made until 24 hours before the beginning of the period of the strike. Article 448 Designation of workers in the situation referred to in paragraph 2 of the preceding article, the workers ' representatives referred to in article 593 of the code shall designate employees who are attached to the provision of minimum services until 12 hours before the start of the strike and, if not, should the public employer to carry out this assignment. Article 495.º Composition the Commission for equality in Work and employment is made up as follows: a) Two representatives of the Ministry responsible for labour area, one of whom chairs; 159 b) a representative of the Minister responsible for the area of public administration; c) a representative of the Minister responsible for local government area; d) A representative of the Commission for citizenship and gender equality; and) two representatives of unions; f) Two representatives of employers ' associations. Article 8 Amendment to the regulation of the labour code on the application of the regulation of the labour code are added to articles 101-A, 106A, and 395.º-the 395.º-F, is replaced by the following: ' article 101-1 meal allowance – the right to the meal allowance is maintained in all situations referred to in articles 35, 36, 38, 39 and 41 in paragraph 3 of article 47 and in subparagraph (c)) of paragraph 4 of article 49 of the code. 2-the right referred to in the preceding paragraph shall remain, still, in the first 15 days, or equivalent period of parental leave enjoyed by his father, on condition that they are immediately following the maternity or paternity leave. 3-The shortcomings referred to in articles 40 and 42 of the code entails the loss of the meal allowance. Article 106-the special arrangements applicable to workers named the provisions of this section apply only to workers who carry out public functions on naming mode. 395.º-the Article 160 Scope this section regulates in article 486.º of the code. Article 395.º-B participation in electoral processes 1-for holding constituent meetings of trade union associations or for the purpose of amending the statutes or electing bodies managers, workers shall enjoy the following rights: a) waiver of service for the members of the General Assembly and Electoral Supervisory Commission election, up to a maximum of seven members, for the maximum period of 10 working days with possibility of using half-days; b) exemption from service to the elements and alternates that make up the candidate lists for the maximum period of six working days, with the possibility of use of half-days; c) waiver of service for the members of the Bureau, up to a limit of three or up to a limit of the number of competing lists, if the number of these is greater than three, for a period not exceeding one day; d) waiver of service workers with the right to vote, for the time necessary for the exercise of their right; e) waiver of service to workers who participate in election monitoring activities during the period of voting and counting of votes. 2-at the request of the trade union associations or committees that promote their Constitution, is allowed the installation and operation of polling stations in the workplace during the hours of service.

161 3-layoffs of service referred to in paragraph 1 are not charged against other claims provided by law. 4-layoffs of service referred to in paragraph 1 shall be treated as effective service for all legal purposes. 5 – the exercise of the rights provided for in this article may only be prevented on the grounds, expressed in writing, in serious injury to the public interest. Article 395.º-C 1-Communication Procedures for the installation and operation of the polling stations must be suitable and safe means, presented to the maximum leader of the agency or service in advance of no less than 10 days, and shall include: a) the identification of the Electoral Act; b) an indication of the desired location; c) the identification of the members of the Bureau or substitutes; d) period of operation. 2-installation and operation of the polling stations shall be considered authorized if in three days to communication not immediate is delivered order otherwise and notified the Trade Union or Association Committee Prosecutor. Article 395.º-D Vote 1 – the vote takes place within the normal period of operation of the agency or service. 2-the functioning of the tables may not impair the normal functioning of the organs and services. Article 395.º-162 and voting in different local workers to vote in different location from that in serving only him can remain by the time essential to the exercise of their right to vote. Article 395.º-F Extension in the case of statutorily provided for electoral consultations or other relating to collective interests of workers, in particular conventions or other similar nature, may be granted to employees, facilities in terms to define, case by case, by order of the Member of Government responsible for the area of public administration.» Article 9 regulation of the labour code does not apply are not the following provisions of the labour code: to) articles 1 to 10; b) articles 11 to 13; c) articles 14 to 26; d) paragraph 2 of article 30; e) Articles 108, 112 and 113; f) Articles 114 to 146; g) paragraph 2 of article 147; h) Articles 160 to 170; I) Articles 175 and 176; 163 j) Articles 177 and 178; l) Articles 207 to 210.º; m) item 212.º; n) paragraph 2 of article 218, article 221, paragraphs 3 and 4 of article 224, 225, 226, articles 246.º and 287.º; the) Articles 290 and 291.º; p) 292.º to 299 Articles; q) Articles 300 to 315; r) Articles 316 to 326; s) (d)), g), (i)) and j) of paragraph 1 of article 357; t) Article 362.º; u) Articles 363 and 364.º; v) 365.º the 395.º Articles; x) Articles 404.º and under; z) Article 407; AA) item 440.º; BB) Articles 450.º and 451.º; CC) Articles 452.º to 457.º; DD) Articles 458.º to 464.º; EE) 465.º the 468.º Articles; FF) 469.º the 491.º Articles; Gg) Articles 492.º and 493.º. 164 article 10 adaptation of the systematic organization of the labour code regulation In application of the regulation of the labour code are made the following adjustments to its systematic organisation: a) Are disposed of chapters I, II and III; b) section VI of Chapter VI includes article 101-A; c) section VII of Chapter VI is called «Social Protection»; d) section VIII of Chapter VI is called «named» Workers and includes article 106A; e) subsection II of section VIII of Chapter VI is called ' special Regime '; f) are deleted chapters VII and VIII; g) Chapter XI is eliminated; h) are deleted chapters XIII and XIV; I) Chapter XVII is called ' extraordinary work ' registration; j) is deleted the chapter XXI; l) Division III of subsection II of section III of Chapter XXII is called ' shared services '; m) subsection V of section IV of Chapter XXII is called ' Information and consultation '; n) are deleted chapters XXIII, XXIV, XXV and XXVI;

165) is eliminated the section V of Chapter XXVIII; p) is deleted the chapter XXIX; q) Chapter XXX is called ' exercise of trade union activity»; r) are created in Chapter XXX two sections, section I, entitled ' election ', which integrates the articles 395.º-the 395.º-F, and section II, entitled ' workers ' meetings, which includes articles 396.º to 398; s) is deleted the chapter XXXII; t) Chapter XXXIII is called «Arbitration required '; u) is eliminated the section II of Chapter XXXIII; v) are deleted chapters XXXV, XXXVI, XXXVII, XXXVIII and XXXIX; x) is removed the section I of chapter XL. Article 11 the Commission service Cessation 1-the infringement to articles 129 and 139 of the code may be cause for dismissal of judicial leaders responsible for signing and, or renewal of fixed-term contract. 2-inspection services, when the existence of the infringement referred to in the preceding paragraph, comply with the formalities laid down in article 15 of Decree-Law No. 267/2007, of July 31.

166 article 12 scope of objective 1-the scope of purpose of the RCTFP is what is defined in article 3 of law No 12-A/2008, of 27 February, with specialties in given in the following paragraphs. 2 – the issuance of regulations of the extension workers represented by unions and regional employers regional public falls within the competence of their autonomous region. 3-the autonomous regions may provide, in accordance with its traditions, other holidays, in addition to those laid down in code, since that match the usages and established practices. Article 13 duration of fixed-term contracts for the execution of research and development projects 1-fixed-term contracts for the execution of research and development projects referred to in article 122 of the law No. 62/2007 of 10 September, the term stipulated must correspond to the foreseeable duration of projects, and may not exceed six years. 2 – the contracts referred to in the preceding paragraph may be renewed once only for a period equal to or less than the originally hired, provided that the maximum duration of the contract, including the renewal, does not exceed six years. 3-contracts of longer than three years are subject to authorization of the members of the Government responsible for the areas of finance and public administration and guardianship: a) at the time of conclusion of the contract, when the period initially hired for more than three years; or 167 b) at the time of renewal of the contract, when the length of it, including the renovation, more than three years. Article 14 Duration and organization of working time of personnel of the careers of the health system of length and organisation of working time applicable to the staff of the health careers is established in their legislation. Article 15 implementation of the status of personnel contracted workers 1-the status of the personnel of the offices of the central, regional and local administration of the State, approved by law No. 2/2004, 15 January, shall apply, mutatis mutandis, to the workers who perform public functions in contract mode. 2-service commissions carried out under articles 244 to 248 of the Labour Code shall be maintained until the end of their term or until the revision of the staff regulations referred to in the preceding paragraph. Article 16 application of law No. 23/2004, of June 22 1 – in case of reorganization of agency or service, in compliance with the procedures laid down in article 10 of Decree-Law No. 200/2006, of 25 October, and law No. 53/2006, of 7 December, when applicable, applies in exceptional cases the conditions laid down in articles 16 to 18 of law No. 23/2004 , of 22 June, without prejudice to article 33 of law No 12-A/2008, of 27 February. 2-effective rationalization occurs, upon proposal of the maximum leader of the service, by joint decree of the Government members of guardianship and responsible for the areas of finance and public administration. 168 article 17 provisions applicable to workers who carry out public functions in the mode of appointment except as provided in law, are applicable to workers who exercise public functions in the mode of appointment, with the necessary adjustments, the following provisions of the RCTFP: a) articles 15 to 21 of the code and articles 27 to 29 of the regulation on rights of personality; b) Articles 22 to 29, 31 and 32 of the code and articles 30 to 40 of Regulation, on equality and non-discrimination; c) article 30 of the code and articles 41 to 65 of the regulation on protection of the genetic heritage; d) articles 33 to 52 of the code and articles 66 to 111 of the regulation on protection of motherhood and fatherhood; Articles 79 to 85) of the code and articles 147 to 156 of the regulation, on the worker-student status; f) Articles 272 to 280 of the code and articles 211 to 289 of the regulation on safety, hygiene and health at work; g) Articles 461.º to 470.º of the code and articles 327 to 361.º of the regulation on the establishment of commissions of workers; h) Articles 475.º to 505.º of the code and articles 395.º-the 403.º of the regulation, on freedom of Association; I) Articles 591.º to 606.º of the code, on the right to strike.

169 article 18 amendment to Decree-Law No. 503/99, of 20 November 1 – change the articles 1 and 2 of Decree-Law No. 503/99, of 20 November, which are replaced by the following: ' article 1 [...] This Decree-Law establishes the legal regime of the accidents at work and occupational diseases which have occurred at the service of employers. Article 2 [...] 1-the provisions of this decree-law applies to all workers who carry out public functions, in terms of appointment or of employment contract in public functions, in the direct and indirect administration departments of the State. 2-the provisions of this decree-law is also applicable to workers who perform public functions in local and regional administrations and agencies and support services of the President of the Republic, the Parliament, the courts and the public prosecutor and their respective management agencies and other independent bodies. 3-the provisions of this Ordinance is still applicable to members of the offices in support of members of the Government of the holders of the organs referred to in the preceding paragraph. 4 – employees exercising functions in business or public entities in other entities not covered by the preceding paragraphs applies the scheme for accidents at work laid down in the labour code and the respective employers to transfer the responsibility for compensation for damage arising from accidents at work under that code. 170 5 – the preceding paragraphs shall not affect the application of the system of social protection in the event of occupational disease for workers enrolled in the social security institutions.» 6-legal references made to accidents in service shall be deemed to be made to the occupational accidents. Article 19 amendment to the Statute of the Administrative and tax Courts is amended article 4 of the Statute of the Administrative and tax Courts, approved by law No. 13/2002, 19 February, which is replaced by the following: ' article 4 [...] 1 - […]. 2 - […]. 3 – Are also excluded from the scope of the administrative and tax jurisdiction: a) [...]; b) […]; c) […]; d) an assessment of emerging disputes of individual contracts of employment, even if one party is a legal person governed by public law, with the exception of disputes arising from an employment contract in public functions.»

171 article 20 Amendment to the code of Administrative Courts Procedure are amended articles 180 and 187 § of the Administrative courts procedure code, approved by law No. 15/2002, of February 22, which shall be replaced by the following: ' Artigo180 [...] 1-without prejudice to the provisions laid down in law, can be made for the Court of arbitration:) [...]; b) […]; c) […]; d) Disputes arising from legal relations of public employment, when rights are concerned not unavailable and when not resulting from an accident at work or occupational disease. 2 - […]. Article 187 § [...] 1-the State may, by law, authorize the installation of permanent arbitration centers intended for composition of disputes within the framework of the following matters: a) [...].

172 b) [...]. c) legal relations of public employment; d) […]; e) […]. 2 - […]. 3 - […].» Article 21 amendment to the public procurement code is amended article 4 of the code of public contracts, approved by Decree-Law No. 18/2008, of 29 January, which is replaced by the following: ' article 4 [...] 1 - […]. 2-the present Code shall also apply to the following contracts: contracts of employment office) and individual work contracts; b) […]; c) […]; d) […].»

173 article 22 Amendment to Decree-Law No. 100/99, of 31 March is added to Decree-Law No. 100/99, of 31 March, article 101-A, is replaced by the following: ' article 101-the special license for performance of functions in Trade Union Association 1-at the request of the trade union association interested, and for her service, may be granted unpaid leave the worker appointed to count more than three years seniority in the exercise of public functions. 2-the request provided for in the preceding paragraph is accompanied by express declaration of the employee expressing his agreement. 3-the license provided for in paragraph 1 have the duration of one year and is tacitly renewable and successive.» Article 23 contracts resolutivo right running 1-fixed-term contracts running at the date of entry into force of this law whose initial term exceeding two years or, having been subject to renewal, have longer than two years, the regime set out in the following paragraphs. 2-after the period of three years or checked the maximum number of renewals as referred to in article 139 of the code, the contract may, however, be the subject of another renewal since its duration is not less than one nor more than three years.

174 3-renewal referred to in paragraph 1 shall be the subject of special justification and depends on authorisation of members of the Government responsible for the areas of finance and public administration. 4-in the situations referred to in points (a) to (f)), h) and (i)) of paragraph 1 of article 129 of the code, the renewal referred to in paragraph 2, when implies that the duration of the contract exceeds five years, amounts to recognition by the employer of the public need for occupation of a workstation using the Constitution of a legal relationship of public employment indefinitely by: a) the change of the map of the body or service personnel, in order to provide for that workstation; (b)) the immediate publicity of bankruptcy procedure for recruitment of workers with legal relationship of public employment indefinitely; 5-the bankruptcy procedure for recruitment of workers with employment legal relationship public by time determined or determinable or no legal relationship of public job previously established depends on favourable opinion of the members of the Government responsible for the finance and Public Administration, in accordance with paragraph 6 of article 6 of law No 12-A/2008, of 27 February. Article 24 applicable Conventions is applicable to collective labour regulation instruments negotiated in force the provisions of Article 557.º of the code.

175 article 25 References references of standards contained in legislation or regulations for the legislation repealed by article 27 shall be deemed to be made to the corresponding provisions of the RCTFP. Article 26 transition between modes of legal relationship of public job 1 – the provisions of chapter IX of title II of the code, on termination of employment, are not applicable to existing employees appointed definitively, in accordance with paragraph 4 of article 88 of the law No 12-A/2008, of 27 February, should carry over to the indefinite contract mode. 2-Notwithstanding the provisions of article 109. of law No 12-A/2008, of 27 February, the transition of workers who, in accordance with that diploma, should operate, in particular the modalities of appointment and contract of employment, for the employment contract in public functions is made without reliance on any formalities, considering that the documents that support the previously established legal relationship are title enough to sustain the legal relationship of public employment established by contract. 3-must be concluded written contract, in accordance with article 102 of the code, when occurs any change in the legal situation-the worker's functional. 4-the provisions of paragraph 2 shall apply, mutatis mutandis, to the transition of workers should operate for naming mode.

176 article 27 Rule set With the entry into force of the RCTFP the following diplomas are repealed and provisions: a) the paragraph 3 of article 1 of the law No. 23/98 of 26 may; b) Decree-Law No. 84/99, of 19 March; c) Decree-Law No. 488/99, of 17 November; d) article 5 of law No. 99/2003 of 27 August; and) paragraph 2 of article 1 and paragraph 3 of article 452.º of law No 35/2004 of 29 July; f) Law No. 23/2004, of June 22, with the exception of articles 16, 17 and 18. Article 28 Publication 1-the texts of the labour code and its regulations, as it stands, the systematic organization and grammar and vocabulares corrections resulting from the adjustments introduced by articles 2 to 10, are published in the annex to this law, which shall form an integral part. 2-the annexes referred to in the preceding paragraph are identified as annex I-code and Annex II-Regulation. 3 – the references listed in the RCTFP to the code and the Regulation shall be deemed to be made to annex I – code and Annex II-Regulation, respectively.

177 article 29 down special detailed rules for the application in time concerning the social protection of workers who exercise public functions 1-code standards and regulation concerning social security schemes or social protection apply to workers who carry out public functions that are beneficiaries of the general social security scheme and which are entered in the respective institutions for all eventualities. 2-the other workers to integrate into the convergent social protection remain subject to the rules applicable to them on the date of entry into force of this law on social protection or social security, in particular in the eventuality of maternity, paternity and adoption and disease. 3 – the regulation of convergent social protection regime, the workers referred to in paragraph 1 shall remain subject to the other rules applicable to them on the date of entry into force of this law, in particular those relating to the maintenance of the right to remuneration, justification, and effects of sickness and absences for maternity, paternity and adoption. 4-the application of the rules laid down in paragraph 1 to workers referred to in paragraphs 2 and 3 is made in terms of diplomas that may regulate the convergent social protection regime, in compliance with article 104 of law No 4/2007 of 16 January and in paragraph 2 of article 114 of law No. 12/2008 , 27 February. 5-the provisions of paragraph 1 of article 333.º of the code, where the suspension is the result of disease, applies to workers referred to in paragraphs 2 and 3 from the date of entry into force of the diplomas referred to in the preceding paragraph.

178 6 – in case of faults for assisting household members provided for in the law, the worker is integrated into the convergent social protection scheme is entitled to an allowance in accordance with its legislation. Article 30 validity of collective agreements 1-the provisions of collective labour regulation instruments that have so contrary to the norms of the RCTFP must be changed within 12 months after the entry into force of this law, under penalty of nullity. 2-the provisions of the preceding paragraph do not validates the provisions of collective labour regulation instrument void under the legislation repealed. Article 31 night work the worker who has provided, in the 12 months prior to publication of this law, at least 50 hours between 20 and 22 or 150 hours of night work after 22 hours maintains the right to additional remuneration whenever performing performance between 20 and 22 hours. Article 32 amendments to the labour code and respective regulations applying to the employment contract in public functions of provisions arising from future changes to the labour code and its Regulation is determined by law to its adaptation to the employment contract in public functions.

179 article 33 entry into force this law shall enter into force on 1 January 2009.

Seen and approved by the Council of Ministers of 29 May 2008 Prime Minister the Minister of Parliamentary Affairs Minister Presidency