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PROPOSED LAW NO. 209 /X

Exhibition of Motives

This proposed Act intends to approve the Working Contract Regime at

Public functions (RCTFP), following from very close the regime fixed in the Code of the

Work, approved by Law No. 99/2003 of August 27, and in its regulations,

constant of Law No. 35/2004 of July 29, which stems from the objective of approximation

of the working regime in the Public Administration to the common labour regime. However, and

as it could not fail to be, the application of those legal texts to contracts of employment

in public functions is done with the adaptations imposed by the nature of these contracts and,

in particular, for their subordination to the public interest as well as by the specificities

that arise from the employing entity being an organ or service of the Public Administration.

Naturally, the Government has present that, almost simultaneously, stems from the process

negotiating and legislative aiming at the revision of the current Labour Code and that, of the amendments

in it introduced, will result in revisions to the diploma that now presents itself.

The reform of the linking, career and compensation schemes of the employees of the

Public Administration, concretized with the publication of the Law No. 12-A/2008, 27 of

February, is fundamentally based on the finding that the solutions previously

existing in those areas, did not already correspond to the needs imposed by a good

organisation and management of public resources and the new demands placed by the society

Portuguese.

The Public Administration serves the country and its citizens, through its employees,

constituting, therefore, the working regimes that are applicable to them a matter of the largest

importance, conditioner of the efficiency and quality of the services that are provided.

The Law No. 12-A/2008 of February 27, which defines and regulates the regimes of binding, of

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careers and the remuneration of workers performing public duties, devotes

two modalities of binding public employment: the appointment-reserved to the

workers to whom it is incumbent on compliance or the execution of assignments, skills

and activities relating to missions of the Armed Forces in permanent frames,

external representation of the State, security information, criminal investigation,

public safety and inspection-and the contract of work in public functions-which passes the

constitute the modality rule of linkage in the Public Administration.

The RCTFP that now presents itself inspires itself in the following key concerns:

Approach Approximation to the common labour regime;

Combating the situations of precariousness in the field of public employment;

Maintaining Maintenance and strengthening the rights of employees;

Creation of conditions for the development of collective bargaining in the

Public Administration;

The Consecration of a clear legal framework of the intervention of trade union associations and

of the action of its leaders.

It matters because it approves the RCTFP, which, in the development of Law No. 12-A/2008, of 27 of

February, conforms, in the matters by this unregulated, the legal relationships of

public employment in the modality of contract.

The RCTFP is, as you have already mentioned, constituted by the Labor Code and its

Regulation, applicable with the adaptations set out in Articles 2 to 10 of the present

proposed law, having opted for, to facilitate the reading and understanding of texts that

result from the adaptations introduced by those provisions, by proceeding to their

publication in attachment.

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They are kept as a source of law, applicable to employment contracts now ' in office

public ', the tools of collective labour regulation-but not the uses

labour-, which conforms an important change in the field of legal relations

of public employment, today characterized by its uniquely statutory nature and,

soon, immune to conventional forms of collective self-composition of the conditions of

work. Ora, having adopted the contract of employment as the modality-rule of

tying in the Public Administration, becomes guaranteed to the workers who exercise

public functions, in the modality of contract, the exercise of the right of contracting

collective.

It is, however, changed the typology of instruments of collective labour regulation

provided for in the Code of Work. Thus, as for the regulatory instruments

collective bargaining work, in place of collective agreements are provided for agreements

working collective-which, in turn, can be collective career agreements, when

applicable to a career or a set of careers, regardless of organs or

services where the workers in them integrated exercise functions, or collective agreements of

public employer entity, when applicable to a public employer entity,

with or without legal personality-retaining the remaining instruments of

collective bargaining regulation provided for in the Labour Code, the agreement

of membership and the decision of voluntary arbitration.

With respect to the instruments of collective non-trade work regulation, it is

held only the extension regulation. Deviates from the regulation of conditions

lows, for the understanding that the creation of legal standards-abortions within the framework of

Public Administration shall not be made unilaterally by the State-Administration, by

acts of a non-legislative nature. It is, in fact, to distinguish between regulations from

extension, which are limited to extending the scope of a collective labour agreement, not

creating new standards, and regulations of minimum conditions (in the terminology prior to

Labour code, labour regulation portaries), which have a normative character

innovatory and have no relation to instruments of collective regulation of

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previous work. If, as for the former, there seems to be no reason why not to keep them

as a source of RCTFP law, as already as to the seconds it is considered that its

prediction within the framework of legal employment legal relationships would not be

constitutionally permissible.

It also departs from compulsory arbitration, institute which, incidentally, has aroused large

reservations for translating into a restriction of the right to collective contracting.

With respect to the relations between the law and the instruments of collective regulation of

work, it has chosen to assert the rule that the instruments of collective regulation

of work may depart the RCTFP standards, provided that those establish conditions

more favorable for the worker and the RCTFP does not result that the same cannot be

estranged.

As for the employment contract 'in public functions', preventing, although, the

impossibility of, by contract, to be removed the standards of the RCTFP and the instruments

of collective labour regulations, it is allowed that this one possesses, in a way

innovative, on subjects not regulated by those or on subjects in which the same

confirm this permission, in the terms and limits by them fixed and always in a more sense

favorable for the worker.

It remains the written form requirement, already today provided for the contract of employment in the

public legal persons by Law No. 23/2004 of June 22. The written reduction of the

contracts concluded within the framework of the Public Administration results, not only from

imperatives of legal certainty, but also of the principle of legality that northfully northfully

the administrative activity. Of the requirement in written form stems still inadmissibility

of the constitution of public employment legal relations, titled by contract, in

result of mere situations of fact or irregular situations-as a result of the

exercise of unformalized subordinate work or under contract

improperly qualified delivery of services-as well as the non-admission of the

figure of the 'assimilated contracts'. It is, however, that the non-existence of elements

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essentials of the contract cease to determine your nullity-sanction mainly gravy for

the worker-and goes on to oblige to his correct reframing.

As already laid down by Law No. 12-A/2008 of February 27, the contract of employment is, by

rule, celebrated for indefinite time. The contract on a resolute term is the exception.

Thus they remain the special rules applicable to the contract of work on a resolute term

provided for in Law No. 23/2004 of June 22, which are essentially aimed at matching the regime of

contracting term within the scope of Public Administration to the requirements of public interest

and, above all, to conform to that regime with the constitutional right of " access to function

public, in conditions of equality and freedom, as a rule by way of tendering ". Thus, the

contract for work in public functions the term resolute can only be used in the

situations expressly provided for in the RCTFP, has qualified requirements of form, not

is subject to automatic renewal, lapsing at the expiry of the stipulated period, and not if

converts, in no case, into an indefinite contract for time. However, in this area,

are given two major relief steps in combating precariousness in public employment. By

one side, the contract the right term goes on to have the maximum duration of three years, including

renovations, without prejudice to the provisions of special law, for very specific situations that

in these if they come to enshrine. On the other, it is established, in a transitional standard, that for the

contracts in force the renewal of which involves length of more than five years, in certain

situations, are the services required to advertise concursal procedure for

recruitment of workers with employment relationship for indefinite time.

The contract to term cannot, in any case, convert to contract by time

undetermined, as above said. However, in the RCTFP that now presents itself, it is anticipated

that the worker hired the term who is candidate for the concursal procedure of

Recruitment advertised during the execution of the contract or up to 90 days after the cessation of the

even has preference in case of equality of classification.

They remain-as, incidentally, it had already been announced-the limits on the duration of work in

vigour in the Public Administration, so, as a rule, the normal period of work does not

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may exceed seven hours a day not thirty and five hours per week.

They still remain the limits to the duration of the extraordinary work-100 hours of work

per year and two hours per normal working day-as well as the length of the period of

holiday of the workers who today own the quality of employee and agent-25 days

holiday useful, being this period increased progressively according to age and

antiquity of the worker.

In all other subjects relating to the duration and organisation of working time

follow the solutions of the Labour Code, specifically as to the regime of

adaptability of schedules, but also as to the part-time work, in this case

without limits, or teleworking, which today are not admitted to the Administration

Public.

Being applicable to leaders and other posts not inserted in careers the scheme of

commission of service which is provided for in Articles 23 and 24 of Law No 12-A/2008,

of February 27, is sidelined with the service commission regime provided for in the Code of the

Work, applying the Status of Personnel Governing to all employees who

carries out public functions, bound by appointment and by contract, with the same acquis

of rights and duties when in the exercise of leading duties.

The scheme of occupational accidents and occupational diseases remains in force today in the

Public Administration, changing the scope of the Decree-Law No. 503/99, of

November 20, which today regulates this matter, by way of covering, not just the then

assigned staff and agents, but all workers performing duties

public, regardless of the respective modality of constitution of the legal relationship

of public employment. In fact, there are no reasons justifying attribution to the entities

public employer of the responsibility for the remediation of the emerging damage of the

accidents at work and occupational diseases, in the case of the appointed employees, and the

transfer of the liability to insurers, in the case of workers

contractors. The option for the maintenance of the principle of non-transfer of the

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liability for insurer entities-as a general principle, as it remains the

possibility of transfer of the responsibility in duly justified cases, since

how this proves to be more advantageous-it is still justified by the reduced number, not least if

compared with other sectors of activity, of accidents at work occurred in the

scope of the Public Administration. It is therefore a more favourable solution for workers

and more favorable for public employer entities.

They deviate from the standards of the Labour Code on mobility, applying to

all employees performing public duties, in the modality of appointment or of

contract, the provisions on general mobility set out in Law No 12-A/2008, 27 of

February.

It is ensured that in the event of organ reorganisation or services with transfer of the

your assignments or competencies, the employment contracts are transmitted to the organ or

service integrator of those assignments or competences, without prejudice to the later

rationalization of herds, thus safeguarding ab initio , the legal position of the

workers, which is not touched solely by force of the change of entity

public employer.

Underscore the non-inclusion in the RCTFP of the temporary reduction scheme of the normal period

of work or suspension of the contract by fact concerning the employing entity,

specifically for structural or technological reasons, for the fact that it is manifestly not appropriate

to the specific characteristics of public services.

The possibility of reduction of the normal working period or suspension of the

contract when you check the temporary, partial or total impossibility of the provision of

work by fact concerning the employee and in the agreement of the parties. Can still

substantiate the adoption of those measures the celebration, between the worker and the entity

public employer, from a pre-reform agreement.

In the matter of strengthening and safeguarding the rights of workers to be emphasised from among

other situations:

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The Enlargement of the extension of the work provision, in a time-exemption situation, is

limited to 2 hours a day or 10 hours per week;

Recognizing Recognition of the right of part-time worker to supplements

remunerations and performance awards;

Further Enlargement of the regime of the justification of falters to family assistance;

An Express Forecast of the right to the reoccupation of the worker's job at

license to which public interest has been recognized;

The Relevance of the time of leave for retirement and social benefits, in the

case of leave by public interest;

(A) Elimination of the limits of part-time work;

The Determination that the non-fulfilment of objectives in situations of

inadaptation is verified in the terms of SIADAP.

In the area of the causes of termination of the contract, the provisions of the Code of the Contract are removed.

Work on dismissal by fact attributable to the employee, applying to the

contract workers, such as the named workers, the Disciplinary status of the

Workers who Exercise Public Functions. It ensures, thus, that all the

workers who carry out public duties, whatever the modality of

constitution of their public employment legal relationship, they become subject to the same duties

and, in essence, the same disciplinary procedures and sanctions.

Further dispositions the provisions of the Labour Code concerning dismissal

collective and dismissal for the extinction of job posting, while maintaining the scheme in

vigour in this matter, provided for in Law No. 23/2004 of June 22.

The regime of the legitimacy of trade union associations for the conclusion of agreements

collective, provided for in Article 540 of the Code, some changes are introduced which

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matter to substantiate.

Article 56 (3) of the Constitution prayed, in its original version, that " Compete at

trade union associations exercise the right of collective bargaining ". Such a precept, thus

drafted in an absolute fashion, not least when coupled with that of the subsequent n. 4 (which,

so it said that " The law sets out the rules relating to the competence for the celebration of the

collective labour agreements, as well as the effectiveness of their respective standards "), came

raise numerous interrogations between the commentators and the doctrine that have addressed

on the subject. They predicted them, generically (and for what we are interested in), that some

problems would occur in the practical realization of collective contracting by,

apparently, the best normative sense to confer on those constitutional provisions

be that the ordinary legislator would not find itself legitimised to, by any means,

condition the exercise of the right of collective bargaining, except as regards the

two aspects mentioned in paragraph 4, none of which interpreted in the direction of allowing

the intervention in the conclusion of collective agreements only to certain trade union associations in

function of certain legitimacy or representativeness.

The constitutional revision of 1982 changed the data of the issue so that it is still today

maintains: in fact, in addition to adjoining, to paragraph 3, the expression ", which is guaranteed in the

terms of the law, "replaced, in paragraph 4, the term" competence "for" legitimacy ". Such

modifications have changed, by complete, the understanding that, then (albeit, from some

mode, dubitative as to the effectiveness of its operationalization), it was practically unanimous.

In fact, if it has been vinced, in paragraph 3, the guarantee of the exercise of the right of

collective bargaining, has gone on to authorize the ordinary legislator to do so (without putting

Naturally, the essential core of such a right). In the same way, and in the same

line of thought, the n. 4, taking advantage of the limited field in it conferred on the freedom of

common conformation of the right of collective bargaining, came to admit, with the modification

which introduced, which the legislator dismisled, for the time of the conclusion of the conventions

collective, on the legitimacy of one (and, of course, on the illegitimacy of others)

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of the trade union associations.

This being the case, it seems to be clear that the exercise of the right of collective bargaining has left it

be absolute (at least while so it was qualified in the face of the original wording of the

Constitution) to become constitutionally permissible for its conformation and,

eventually, its conditioning by the ordinary legislator. Being, however, a right

of the type of rights, freedoms and guarantees, is found subject to the discipline of Article 18 of the

Constitution, though not in the strand of the blizzard of laws introducing restrictions

rights, as this is the final, of a conformation of the exercise of a right and

not of one your restriction.

In any case, such a conformation will necessarily have to observe the subprinciples of the

need, suitability and proportionality (in a strict sense). Ora, it is exactly

what occurs with the regime statued in the spoken Article 540 when it confers legitimacy

for the conclusion of collective agreements to trade union confederations and trade union associations

that comply with certain criteria of representativeness.

General careers are common to all organs and services and account for the dozens o

number of trade union associations constituted to represent the respective employees.

Admitting the legitimacy for the conclusion of collective agreements to all such associations

it would amount to, in practice, emptying content the very right of collective bargaining

since, it is already seen, in addition to the knock-on effect on time that the negotiations thus

widened would produce, it would become impossible to obtain a consensus, between each and every one

of them, taken from "per se", on the one hand, and between them and the public employer entities,

on the other, concerning each of the clausulas to be negotiated. And this is so much more so

how much becomes indispensable, in obedience to the constitutional principles of equality and

of the pursuit of public interest-this in the strand of good resource management

available-, ensure uniform application of working conditions to all

workers, regardless of their union affiliation. The legislative option, in this order

of ideas, tended to confer legitimacy for the conclusion of collective agreements, in scope

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of general careers, union confederations and trade union associations especially

representative, in the exact extent to which they represent the highest level-and also,

justly, which potency a smaller number of interlocutors representatives of the

workers-from the union organization or present significant level of

representativeness and, therefore, the one where it becomes more feasible to achieve consensus

between them and with the public employer entities. It is, thus, justified to absolute

need for this solution, precisely so that the right of collective bargaining

be susceptible to practical exercise, which would not occur if all trade union associations,

to hold legitimacy for the effect. From the same step states the suitability of the solution

to the extent that it is expectable that, contrary to what today it is happening, so if

can conclude collective agreements that, simultaneously, defend the interests of the

workers and protect the public interest. Finally, proportionality (in meaning

strict) it is since soon safeguarded by Articles 552 and 554 of the Code in the

exact measure in which they stems the inapplicability of the agreements concluded to the

employees not represented by the trade union associations underwriters of the agreements, well

as the possibility of making them inapplicable through disaffiliation.

Dealing with special careers, Article 540 follows criteria of identical nature to

allocation of legitimacy for the conclusion of collective agreements, which are extended when

is in question a public employer entity agreement. Valendo though, too

here, the considerations woven up by the purpose of the general careers-and so also the

relating to the observance of the subprinciples of necessity, suitability and

proportionality (in a strict sense)-, it was understood that the negotiation itself could come

to be enriched by the wider participation of trade union associations, since,

dealing with careers or services with various specificities, it will be useful to ponder the

considerations that come to be expended by the representative trade union associations,

as well as obtaining the respective concordance in the conclusion of the collective agreements.

And all this, note, without pinching the essentials of those subprinciples, albeit if

recognize a lower effectiveness in achieving the objectives that have qualified aquelanother

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solution as necessary and appropriate. It is noted, however, that this question is understood to be

finds itself iniludibly in the field of the freedom of conformation of the ordinary legislator.

It is also fixed a new discipline in the rights of the leaders of the associations

trade union, inspired by the solutions of the Labour Code but adapted to the specificities of

organizations of the Public Administrations.

It gives greater relief to the role of trade union associations in relevant fields of life of the

services and the management of human resources, specifically when it is in question

drawing up and cessation of fixed-term employment contracts, dismissal by

inadaptation, the elaboration of the internal regulations of the services and holiday maps, in the

lack of agreement.

Finally, it is guaranteed to apply to the collective conflicts of work within the framework of the

Public Administration, specifically those that result from the celebration or review of a

collective labour agreement, of the mechanisms for the resolution of collective conflicts

provided for in the Labour Code, in particular conciliation, mediation and arbitration

voluntary.

It is established, still, a necessary arbitration regime, for the expiry situations

of the collective agreements of work.

It has opted for the remoteness of the entire book II of the Labour Code, which deals with the

criminal and counterordinational liability in labour matters, however,

this matter for autonomous diploma. The option is justified by the circumstance of, in

result of the coding movement operated in the common labour law, the whole regime

penal and counter-ordinance being built on violation of norms of the Code of the

Work (or those that regulate it).

Ora, the Work Contract Regime in Public Functions does not contain the whole discipline

applicable to the contract of employment in public functions, sensing to you still applicable Law n.

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12-A/2008 of February 27 and other general laws whose scope of subjective application

covers all employees of the Public Administration, regardless of

modality of constitution of the public employment legal relationship under which

carry out functions, and which deal with such important subjects as the special mobility, the

accidents at work and occupational diseases, or disciplinary status, the violation of which

should substantiate also offences, of a penal type or counter-ordinance.

Still, a crime or a counter-ordinance may have per agent an organ or service of the

Public administration or a worker, regardless of the modality of

constitution of the legal relationship of public employment under which it exercises functions-

appointment or contract-, being this one more reason that advises to refer this matter

for autonomous diploma.

It is to be said that the scheme on vocational training is kept in place in the

Public Administration.

Extends the application to workers performing public duties in a regime of

appointment, in addition to the subjects of equality and non-discrimination, protection of the

maternity and paternity, the constitution of commissions of workers and the right to

strike-already today applicable, by virtue of Article 5 of Law No 99/2003 of August 27, which

approved the Labor Code-, the provisions of the RCTFP in respect of rights of

personality, protection of genetic heritage, status of the student-student,

safety, hygiene and health at work and trade union freedom.

In consequence they are repealed, in addition to Law No. 23/2004 of June 22, which defined

to this day the legal regime of the contract of employment in public legal persons, with

the exception of its articles 16 to 18, the diplomas that frame the subject of safety,

hygiene and health at work and the exercise of trade union freedom in the Public Administration.

The self-governing bodies of the Autonomous Regions were heard.

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The National Association of Portuguese Municipalities and the National Association were heard

of Freguesias.

The procedures stemming from Law No. 23/98 of May 26 were observed.

The hearing of the National Data Protection Commission should be promoted.

Thus:

Under the terms of the paragraph d) of paragraph 1 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

1-A This Law approves the Work Contract Regime in Public Functions,

abbreviately designated by RCTFP.

2-The RCTFP consists of the Labor Code, approved by Law No. 99/2003, of

August 27, and by the respective regulation, approved by Law No. 35/2004, 29 of

July, applicable with the constant adaptations of the following articles.

Article 2.

Terminological adaptations

In the application of the Labour Code and the respective regulation must have been in writing:

a) Contract of employment in public functions, abbreviately designated by contract,

when those refer to contract of employment, in any of their

modalities;

b) Public employer entity, when those refer to the employer;

c) Organ or service, indifferently when those refer to company, average and

great company, establishment and service;

d) Organic unit or organic subunit, when those refer to

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department or section, respectively;

e) Maximum leader or steering organ of the service, when those refer to

management body of the company;

f) Official post, when those refer to office and direction;

g) Senior position holder or head of multidisciplinary team, when those if

refer to the employee who occupiers office of administration and steering,

representative of the employer, administrator, manager, director or other persons

with autonomous decision-making power, respectively;

h) Extraordinary work, when those refer to supplementary work;

i) Remuneration and base remuneration, when those refer to retribution and

basis retribution, respectively;

j) Social benefits, when those refer to social perks;

l) Map of personnel, when those refer to personnel framework;

m) Workers directly allocated to activities for surveillance, transport and

treatment of electronic safety systems, when those refer to

operational personnel for surveillance, transport and handling of electronic systems

of security;

n) Change of place of work, when those refer to transfer of

worker;

o) Collective agreement of work, indifferently when those refer to

collective convention or convention;

p) Code, when those refer to the Code of Labour.

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Article 3.

Adaptations of the Labour Code

Articles 1 to 4, 26, 31, 51, 86, 98, 98, 104, 107 to 100, 107, 107, 107, 107, 107, 107

108, 110, 111, 121 to 123, 131, 133, 135, 137, 142, 142, 142, 142, 142, 142 para.

144, 151 to 154, 156, 162, 162 to 164, 169, 171, 173, 175, 175, 175, 175.

185 to 187, 189, 194, 199, 199 to 201, 207, 211, 217, 221, 221, 221, 221, 221.

223, 225, 226, 232, 249, 255, 255, 266, 267 to 258, 270, 270, 270, 270, 270, 270, 270

272, 273, 330, 354, 355, 357, 381, 383 to 385, 387, 387, 387 to 389, 387 to 389, 387.

392 to 394, 406 to 410, 426, 433, 433 to 439, 443, 447, 447, 447 to 449.

452, 453, 456, 459, 459 to 462, 467, 476, 483, 483, 489, 489, 489 to 485, 489.

491, 496 to 498, 500, 503, 503 to 505, 537, 540, 543, 546, 546, 546, 546.

552 to 558, 563, 565, 570, 574, 581, 585, 587, 587, 595, 595, 595 to 589, 595.

597. to 599 of the Labour Code shall apply with the following adaptations:

" Article 1.

[...]

The contract of employment in public functions, abbreviately designated by contract, is

subject, in particular, to the instruments of collective labour regulations, in the terms

of Article 81 (2) of the Law No 12-A/2008 of February 27.

Article 2.

[...]

1-[...].

2-The instruments of collective bargaining regulation are the agreement

working collective, the accession agreement and the decision for voluntary arbitration.

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3-The collective agreements of work may be:

a) Collective career agreements-the agreements applicable to a career or a

set of careers, regardless of the organs or services where the

workers in them integrated exercise functions;

b) Collective agreements of public employer entity-the agreements applicable to a

public employer, with or without legal personality.

4-The instruments of collective non-trade work regulation are the

extension regulation and the required arbitration decision.

Article 3.

[...]

The extension regulations can only be issued in the lack of instruments of

collective regulation of negotiating work.

Article 4.

[...]

1-RCTFP standards can be sidelated by instrument of regulation

work collective when this establishes more favorable conditions for the worker and

if those standards do not result otherwise.

2-The standards of the RCTFP and the instruments of collective labour regulation do not

can be turned away by contract, save when from those standards result otherwise and this

establish more favorable conditions for the worker.

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Article 26.

[...]

The practice of any aggrieved discriminatory act of a worker or candidate to

employment gives you the right to an indemnity, for damage of heritage and not

heritage, in the terms of the law.

Article 31.

[...]

1-The provisions of any instrument of collective labour regulations which se

refer to occupations and professional categories that are specifically intended for

female or male sex workers have been applicable to both sexes.

2-. [...].

Article 50.

[...]

1-[...].

2-[...].

3-The periods of parental and special leave provided for in articles 43 and 44 are taken

into account for the rate of formation of the invalidity and old age pensions of the schemes of

social protection.

Article 51.

[...]

1-[...].

2-The dismissal on fact attributable to pregnant worker, puerpera or lactating

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presumed to be done without any justification.

3-[...].

4-The deadline for disciplinary decision making suspense between the day of remittance of the

process to the entity referred to in paragraph 1 and the day of receipt of the communication provided for in the

previous number by the competent entity for the decision or, in the absence of such a reception,

when you consider the requirement to appear.

5-[ n. 4 ]

6-If the opinion referred to in paragraph 1 is unfavourable to dismissal, this may only be

carried out by the public employer entity after jurisdictional decision, in action

common administrative, which recognizes the existence of just cause or justifiable reason.

7-A The precautionary measure of suspension of the effectiveness of the act of dismissal of

pregnant worker, puerpera or lactating only is not enacted if the opinion referred to in paragraph 1

is favourable for dismissal and the court considers that there is a serious probability of

verification of just cause or justification.

8-Without prejudice to the provisions of the following number, if the dismissal of working

pregnant, puerpera or lactating is declared illicit, this is entitled, in alternative to the

reintegration, to an indemnity calculated in accordance with the terms set out in paragraphs 1 and 3 of the article

439. or established in instrument of applicable collective work regulation,

as well as, in any case, compensation for non-patrimonial damage.

9-In the case of dismissal decided in disciplinary procedure, the compensation in

replacement of the reintegration referred to in the preceding paragraph is calculated in the terms

provided for in the Disciplinary Status of Workers Performing Public Duties.

Article 84.

[...]

To the student-student must be provided opportunities for promotion

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professional appropriate to the valorisation obtained in the courses or by the knowledge acquired.

Article 86.

[...]

Without prejudice to the established law, the provision of subordinated work

in Portuguese territory by foreign citizen is subject to the standards of this subsection.

Article 98.

[...]

1-A The public employer shall pay the employee at least the following

information regarding the contract:

a) The respective identification;

b) The place of work as well as the seat or location of the employing entity

public;

c) [...];

d) The date of conclusion of the contract and that of the commencement of the activity;

e) The term or the foreseeable duration of the contract, if this is subject to the resolution of a resolution;

f) [...];

g) [...];

h) The value of remuneration;

i) [...];

j) [...].

2-[...].

3-A information on the elements referred to in the second part of the paragraph c) and in the points f) ,

g) , h) and i) of paragraph 1 may be replaced by the reference to the relevant provisions of the law or of the

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tool for collective working regulation of applicable work.

Article 99.

[...]

1-[...].

2-The duty prescribed in paragraph 1 of the preceding Article considers itself to be met when the contract

build the information elements in question.

3-[ n. 4 ].

4-[ n. 5 ].

Article 100.

[...]

1-[...].

2-The information referred to in points b) and c) of the previous number can be replaced

by reference to the legal provisions or the instruments of collective regulation of

work that set the subjects referred to therein.

Article 102.

Shape

1-The contract is always subject to the written form and it must appear in the signature of the

parts.

2-Of the contract shall appear at least the following particulars:

a) Name or denomination and domicile or seat of the counterpersons;

b) Modality of contract and respective term or foreseeable duration, where applicable;

c) Contracted activity, career, category and employee remuneration;

d) Location and normal period of work, specifying the cases in which it is defined in

22

average terms;

e) Date of commencement of activity;

f) Date of conclusion of the contract;

g) Identification of the entity that authorized the hiring.

3-In the absence of the indication required by the e) of the preceding paragraph shall be deemed to be the

contract has commencement on the date of its celebration.

4-When the contract does not contain the signature of the parties or any of the particulars

referred to in paragraph 2, the public employer shall make its correction, at the time

of 30 days from the application of the worker to the effect.

5-Without prejudice to the provisions of paragraph 1, the members of the Government responsible for the areas

of the finances and the Public Administration may, by porterie, approve official models of

contracts, as well as to predict their informatization and dematerialization.

Article 104.

[...]

1-The trial period corresponds to the initial time of execution of the contract and

is intended to substantiate whether the employee possesses the skills required by the post of

work that will occupy.

2-To follow-up, final assessment, successful completion and time count of

service that has elapsed in the trial period shall apply the rules laid down in Law No

12-A/2008, of February 27, for the experimental period of the final appointment.

3-The unsuccessful completion of the experimental period are still applicable

provided for in Law No. 12-A/2008 of February 27 for the experimental period of the

definitive appointment, with the necessary adaptations.

23

Article 105.

Denunciation by the worker

During the trial period, the worker may report the contract without prior notice

no need for the invocation of just cause, and no right to compensation.

Article 107.

[...]

1-In the indefinite contracts, the trial period has the following

duration:

a) 90 days for integrated workers in the career of operational assistant and in

other careers or categories with identical degree of functional complexity;

b) 180 days for integrated workers in the career of assistant coach and in

other careers or categories with identical degree of functional complexity;

c) 240 days for integrated workers in the career of top technician and in

other careers or categories with identical degree of functional complexity.

2-diplomas that you have about special careers can establish another duration

for the respective experimental period.

Article 108.

[...]

1-In the fixed-term contracts, the trial period has the following duration:

a) 30 days for contracts of a duration of six months or more;

b) 15 days in the fixed-term contracts of less than six months and in contracts

the uncertain term the duration of which is provided for not to be higher than that limit.

24

2-In the fixed-term contracts the jury of the experimental period is replaced by the respective

immediate hierarchical superior.

Article 110.

Reduction and exclusion of the experimental period and denunciation of the contract

1-A duration of the experimental period can be reduced by instrument of

collective labour regulations.

2-The experimental period cannot be excluded by instrument of regulation

collective of work.

3-Are null and void the provisions of the contract or instrument of collective regulation of

work that establishes any payment of compensation in the event of a complaint from the

contract during the trial period.

Article 111.

Object of the contract

The definition of the contracted activity is done by remission to the functional content of

legally described category, or of a career when dealing with a unicategorial career, and,

being the case, for the casting of the functions or tasks which, in the internal regulation or in the

personnel map of the contracting public employer entity, characterize the post of

work to occupy.

Article 121.

[...]

The employee is subject to the duties provided for in the Act, specifically in the Staff Regulations

Disciplinary of the Workers who Exercise Public Functions, and in instrument of

collective labour regulations.

25

Article 122.

[...]

It is prohibited to the public employer entity:

a) [...];

b) [...];

c) [...];

d) Decreasing remuneration, save in the cases provided for in the Act;

e) Download the category of the worker, save in the cases provided for in the law;

f) Subjecting the employee to general or special mobility, save in the cases provided for in the

law;

g) [...];

h) [...];

i) [...];

j) [...].

Article 123.

[...]

1-[...].

2-[...].

3-[...].

4-They shall apply to the professional training of the employee the rules and principles which

governing vocational training in the Public Administration.

26

Article 127.

General principle

To the contract it can be affixed, in writing, resolute term, in the general terms.

Article 128.

[...]

1-To the contract the term resolute shall apply to the precepts of the following subsection and the

n. paragraphs 2 and 3 of this Article, which may not be sidelated by instrument of

collective labour regulations.

2-The contract the term resolutely does not converse, in case any, into contract by time

undetermined, lapsing in the expiry of the maximum term of duration provided for in the present

Code or, by dealing with contract to an uncertain term, when it cede check the situation

that warranted his celebration.

3-Without prejudice to the full production of its effects during the time they have

running state, the conclusion or renewal of contracts on a resolute term with

violation of the provisions of this Code implies its nullity and generates liability

civil, disciplinary and financial officers of the maximum directors of the organs or services that have them

celebrated or renewed.

Article 129.

Assumptions of the contract

1-In contracts it can only be affixed to resolute term in the following situations

fundamently justified:

a) Direct or indirect replacement of absenteed worker or that, for any reason,

find yourself temporarily barred from providing service;

27

b) Direct or indirect replacement of worker in relation to which it is pending

in judgment of the liceness of the liceness of the dismissal;

c) Direct or indirect replacement of worker in a leave situation without

remuneration;

d) Replacement of full time worker who pass on to work on time

partial per period determined;

e) To ensure urgent needs of operation of the entities

public employers;

f) Occasional task execution or precisely defined service defined and not

lasting;

g) For the exercise of functions in temporary structures of the employing entities

public;

h) To cope with the exceptional and temporary increase in the activity of the organ or

service;

i) For the development of projects not inserted in the normal activities of the

organs or services;

j) When the training, or the achievement of an academic degree or professional title, of the

employees in the framework of public employer entities involves the provision

of subordinated work;

k) When you are dealing with organs or services in installation regime.

2-For the purposes of the a) of the preceding paragraph shall be deemed to be absent, specifically:

a) The workers in general mobility situation;

b) The workers who find themselves in commission of service;

28

c) Employees who find themselves to perform duties, in another career, category

or organ or service, in the course of the trial period.

3-It is vetted the conclusion of contract to term resolute for worker replacement

placed in special mobility situation.

4-In the case of point e) of paragraph 1 the contract, including its renovations, may not have

length of more than one year.

5-The contracts for the performance of duties in the organs or services referred to in point (l)

of paragraph 1 are compulsorily concluded to be resolute in the terms provided for in law

special.

Article 131.

[...]

1-Of the contract to the term resolute shall appear in the particulars provided for in paragraph 2 of the article

102. and still:

a) The indication of the justifiable reason of the stipulated term;

b) The date of the respective cessation, the contract being the right term;

2-For the purposes of the a) of the preceding paragraph, the indication of the justifiable reason of the

affixing of the term shall be made by the express mention of the facts that integrate it, owing

to establish the relationship between the invoked justification and the stipulated term.

Article 133.

[...]

1-A The public employer shall communicate, within the maximum of five working days,

to the committee of workers and to the representative trade union associations, specifically

to the one in which the worker is filleted, the celebration, with indication of the respective

29

legal grounds, and the termination of the contract to term.

2-[ n. 3 ].

3-[ n. 4 ].

Article 135.

[...]

1-The contract worker who is a candidate, in the legal terms, the procedure

concursal of recruitment advertised during the execution of the contract or up to 90 days after

the cessation of the same, for occupation of outpost with identical characteristics to the

of the one for which he was hired, in the modality of contract for indefinite time, has

preference, in the candidates ' final ordinance list, in case of equality of

classification.

2-[...].

3-[...].

Article 137.

[...]

The public employer must provide vocational training to the employee

contracted to term.

Article 139.

[...]

The contract the right term lasts for the agreed period, and may not exceed three years,

including renovations, nor be renewed more than two times, without prejudice to the provisions of

special law.

30

Article 140.

[...]

1-[...].

2-The right term contract is not subject to automatic renewal.

3-A The renewal of the contract is subject to the verification of the material requirements of your

celebration, as well as the written form.

4-[ n. 5 ].

Article 142.

[...]

1-In contracts concluded by a period of less than six months the stipulated term shall

correspond to the foreseeable duration of the task or service to be carried out.

2-The contracts concluded for less than six months may be renewed a

only time, for period equal to or less than initially hired.

Article 143.

Assumptions

It is only admitted to the conclusion of uncertain term contracts in the situations provided for in the paragraphs

a) a d) and f) a l) of Article 129 (1).

Article 144.

[...]

The contract the uncertain term lasts for all the time required for the replacement of the

missing worker or for the completion of the task or service whose execution justifies the

31

celebration.

Article 151.

[...]

1-[...];.

2-A The contracted activity is without prejudice to the exercise, in sporadic manner, of the functions that

they are related to or functionally linked, for which the employee detains the

proper professional qualification and which do not entail professional devaluation.

3-The provisions of the preceding paragraph confers the employee, whenever the exercise of the

accessory functions require special qualifications, the right to vocational training no

less than ten annual hours.

4-[ n. 5 ].

Article 152.

Remunerative effects

The determination by the public employer of the exercise of the functions to which it relates

paragraph 2 of the previous article, gives the employee the right to be earned by the level

remunerative immediately superior to that for which you earn, which you find provided in the

category to which correspond those functions.

Article 153.

[...]

1-[...].

2-In the drafting of the internal regulation of the organ or service is heard the commission of

workers or, in their absence, the union or interunion commission or union delegates.

3-[...].

4-[ n. 5 ].

32

Article 154.

[...]

1-The worker must, in principle, carry out his / her provision in the workplace

contractually defined, without prejudice to the general mobility regime applicable to relations

public employment legal constituted for indefinite time.

2-[...].

Article 156.

[...]

They consider themselves to be understood in the working time:

a) The work interruptions as such considered in instrument of

collective labour regulations or in internal regulation of the organ or

service;

b) [...];

c) [...];

d) [...];

e) [...].

Article 160.

[...]

1-[...].

2-As a rule, the period of operation of the organs or services may not start before

from 8 pm, nor end after 20 pm, being compulsorily affixed to

visible in the workplaces.

33

Article 162.

[...]

1-A The public employer shall maintain a record that allows to ascertain the number

of hours of work provided by the worker, per day and per week, with indication of the

start and end time of the work, as well as of the intervals carried out.

2-In the organs or services with more than 50 employees, the registration provided for in the number

previous is carried out by automatic or mechanical systems.

3-In exceptional and duly substantiated cases, the maximum leader or organ of

steering of the service can dispense the record by automatic or mechanical systems.

Article 163.

[...]

1-The normal period of work may not exceed seven hours per day not thirty and five

hours a week.

2-The full time work corresponds to the normal weekly working period and

constitutes the rule of employment of workers integrated in the general careers,

corresponded to him the legally prescribed monthly base remunerations.

3-[ n. 2 ].

4-[ n. 3 ].

Article 164.

[...]

1-By instrument of collective work regulation, the normal period of work

may be defined in average terms, in which case the daily limit set out in paragraph 1 of the article

previous may be increased up to a maximum of three hours, without the duration of the work

34

weekly exceeds fifty hours, only not counting for this limit the extraordinary work

provided by reason of force majeany.

2-The normal period of work defined in the terms provided for in the preceding paragraph

may exceed forty-five weekly hours on average in a period of two months.

Article 166.

[...]

1-A The average duration of the work is to be ascertained by reference to the period that is

fixed in instrument of collective working regulations applicable, and may not be

greater than 12 months, or, in the lack of fixation of the reference period in instrument of

collective labour regulations, by reference to maximum periods of 4 months.

2-The four-month reference period referred to in the preceding paragraph may be extended

for six months in the following situations:

a) [ c) ];

b) Workers directly allocated to activities for surveillance, transport and

treatment of electronic safety systems.

3-The provisions of the preceding paragraph shall still apply to activities characterized by the

need to ensure the continuity of the service, namely:

a) Reception, treatment or health care in establishments and services

health care providers, residential institutions, prisons and centres

educational, including doctors in training;

b) Service of ambulances, firefighters or civil protection;

c) Collection of garbage or incineration plants;

d) Activities in which the working process cannot be interrupted by

technical reasons;

35

e) Research and development;

f) There is a predictable addition of activity in tourism;

g) Fortuitous case or reason of force majeany;

h) In the event of an accident or the risk of an imminent accident.

4-Saved when expressly provided for in instrument of collective regulation of

work, the reference period can only be changed during its execution when

justified by objective circumstances and the total of hours of work paid for below

or equal to those that would have been carried out, should a regime of adaptability not be vigorated.

5-In the weeks in which the duration of the work is less than thirty five hours, the reduction

daily may not be more than two hours, but the parties may also wake up in the

reduction of the working week in days or means days, without prejudice to the right to allowance

of meal.

Article 167.

[...]

1-[...].

2-The addition of the limits of the normal period of work can be determined in

tool for collective work regulation:

a) Provided that it is absolutely unaffordable to be subject to the subjection of the period of

work of the worker to those limits;

b) In relation to the people whose work is markedly intermittent or of

simple presence.

3-[...].

Article 169.

[...]

1-Without prejudice to the limits provided for in Articles 163 to 167, the average duration of the

weekly work, including extraordinary work, cannot exceed forty-two

36

hours, in a reference period set in instrument of collective regulation of

work, in no case should any, exceed 12 months or, in the lack of fixing the

reference period in instrument of collective labour regulation, in a

reference period of 4 months, which may be 6 months in the cases provided for in paragraphs 2 and

3 of Article 166 para.

2-[...].

3-[...].

Article 171.

Working hours and periods of operation and listening

The public employer shall respect the periods of operation and of

service in the organization of working hours for employees at their service.

Article 173.

[...]

1-[...].

2-All changes in working hours must be substantiated and preceded by

consultation with the affected workers, the committee of workers, or, failing that, the

trade union or interunion committee or union delegates, and be affixed to the organ or

service in advance of seven days, yet vigore a regime of adaptability.

3-[ n. 4 ].

4-[ n. 5 ].

Article 175.

[...]

1-[...].

2-No change to the rest intervals provided for in the preceding paragraph shall be permitted, if

37

it to imply the provision of more than six consecutive hours of work, except as to

activities for the surveillance, transport and handling of electronic safety systems and the

activities that cannot be interrupted on technical grounds.

Article 176.

[...]

1-[...].

2-The provisions of the preceding paragraph shall not apply when the provision of

extraordinary work by reason of force majeforce or by being indispensable to prevent

or repair serious damage to the organ or service due to accident or the risk of

impending accident.

3-[...].

4-The provisions of paragraph 1 shall not apply to activities characterized by the need for

ensure the continuity of the service, particularly the activities listed below, since

that through the instrument of collective work regulation are guaranteed to

worker the corresponding countervailing rests:

a) Activities of surveillance, transport and handling of electronic systems of

security;

b) Reception, treatment and care dispensed in establishments and services

health care providers, residential institutions, prisons and centres

educational;

c) Ambulances, firefighters or civil protection;

d) Collection of waste and incineration;

e) Activities in which the working process cannot be interrupted by

technical reasons;

38

f) Research and development.

5-[...].

Article 177.

[...]

1-Workers holding senior leadership positions and who head multidisciplinary teams

enjoy exemption from working hours, pursuant to the respective statutes.

2-May still enjoy exemption from time other employees, upon celebration of

written agreement with the respective public employer, provided that such an exemption is

admitted by law or by instrument of collective labour regulation.

Article 178.

[...]

1-A The time exemption may understand the following modalities:

a) [...];

b) [...];

c) [...].

2-A the time exemption of the workers referred to in paragraph 1 of the preceding article implies, in

any circumstance, the non-subjection to the maximum limits of normal periods of

work, in the terms of the respective statutes.

3-In the cases provided for in paragraph 2 of the preceding Article, the choice of the modality of exemption from

time obeys the provisions of the law or in instrument of collective regulation of

work.

4-In the absence of law, instrument of collective work regulation or stipulation of the

parties, the time-exemption regime follows the provisions of the b) of paragraph 1, not

39

extending the provision of work is greater than two hours per day or 10 hours per

week.

5-A exemption does not prejudice the right to the mandatory weekly rest days, the holidays

obligatory and the days and means days of supplementary rest, nor to the daily rest a

referred to in Article 176 (1), except in the cases provided for in paragraph 2 of that article and in the

n Article 177 (1)

6-In cases provided for in Article 176 (2) and in Article 177 (1) shall be

observed a period of rest that allows the recovery of the worker between two

daily periods of consecutive work.

Article 179.

[...]

1-Without prejudice to the provisions of Article 173 (3), in all places of work shall

be affixed, in a well visible place, a working time map, drawn up by the entity

public employer of harmony with the legal provisions and with the instruments of

collective work regulations applicable.

2-The conditions of publicity of the working hours of the personnel assigned to the conduct of

motor vehicles are established in a joint order of the members of the Government

responsible for the area of Public Administration and the transport sector, heard the

trade union organisations interested.

Article 180.

[...]

1-It is considered part-time work which corresponds to a normal period of

weekly work lower than the practiced full time.

2-[...].

40

3-[...].

4-[...].

Article 185.

[...]

1-In part time work is applicable to the regime provided for in law and regulation

collective that, by its nature, does not imply the provision of full time work,

it may not be able to part time employees to have a less favourable treatment than

full time workers, unless a different treatment is warranted

on objective grounds.

2-[...].

3-[...].

4-The part-time worker is entitled to the base remuneration provided for in law, in

proportion of the respective normal weekly working period.

5-Are still calculated in proportion to the normal weekly working period of the

a part-time worker the remunerative supplements due for the exercise of

functions in jobs that present more demanding conditions of form

permanent, as well as the performance awards, provided for in law or in instrument of

collective labour regulations.

6-The part-time worker is still entitled to the meal allowance, except when

your daily work benefit is less than half of the daily duration of the work a

full time, being then calculated in proportion of the respective normal period of

weekly work.

Article 186.

[...]

41

1-[...].

2-[...].

3-[ n. 4 ].

4-In the case provided for in the preceding paragraph, the worker may not resume

in advance the provision of full time work when, under the terms of the (

d) of Article 129 (1), if it has verified its replacement by a worker

hired the right term and as long as this lasso.

5-The time frame provided for in paragraph 3 may be raised by instrument of regulation

labor collective or by agreement between the parties.

Article 187.

[...]

1-Where possible, the public employer entity shall take into account:

a) [...];

b) [...];

c) The measures to facilitate access to part-time work in all

levels of the organ or service, including the qualified jobs, and, if

pertinent, the measures to facilitate the access of the part-time worker

to vocational training, to favour the progression and professional mobility.

2-[...].

Article 189.

[...]

1-[...].

2-[...].

42

3-[...].

4-The worker can only be changed from shift after the weekly rest day

required.

5-[...].

Article 194.

[...]

1-The normal daily working period of the night worker, when vigore regimen of

adaptability, should not be more than seven hours daily, on average weekly, save

diverse disposition established in instrument of collective labour regulation.

2-[...].

3-The night worker whose activity involves special risks or a physical strain

or significant mental should not presage it for more than seven hours in a period of twenty and

four hours in which to perform night work.

4-The provisions of the preceding paragraphs shall not apply to workers holding office

leaders and heads of multidisciplinary teams.

5-The provisions of paragraph 3 shall not also apply:

a) When the provision of extraordinary work by reason of force is necessary

greater, or by being indispensable to prevent or repair serious damage to the

organ or service due to accident or the risk of impending accident;

b) To activities characterized by the need to ensure continuity of the

service, particularly the activities indicated in the following number, provided that

by means of instrument of collective bargaining work regulation to be

guaranteed to the worker the corresponding compensatory rests.

6-For effect of the provisions of the paragraph b) of the previous number will be met by the following

activities:

43

a) Activities of surveillance, transport and handling of electronic systems of

security;

b) Reception, treatment and care dispensed in establishments and services

health care providers, residential institutions, prisons and centres

educational;

c) Ambulances, firefighters or civil protection;

d) Collection of waste and incineration;

e) Activities in which the working process cannot be interrupted by

technical reasons;

f) Research and development.

7-[...].

Article 197.

[...]

1-[...].

2-[...].

3-[...].

4-It is not understood in the notion of extraordinary work:

a) [...];

b) [...];

c) The tolerance of fifteen minutes provided for in Article 163 (3);

d) [...].

Article 199.

[...]

44

1-[...].

2-The extraordinary work can still be provided by reason of force majeforce or

when it becomes indispensable to prevent or repair serious damage to the organ or

service.

3-[...].

Article 200.

[...]

1-The extraordinary work provided for in paragraph 1 of the preceding Article shall be subject, by

worker, at the following limits:

a) One hundred hours of work per year;

b) [ c) ];

c) [ d (d) ];

d) [ point (e) ].

2-The limits set in the preceding paragraph may be exceeded as long as it is not

imply a remuneration for extraordinary work exceeding 60% of the remuneration

base of the worker:

a) When it deals with workers who occupy drivers ' jobs or

telephone calls and other integrated workers in the assistant careers

operational and technical assistant, whose maintenance in the service beyond the

working hours is grounded to be well recognized as indispensable;

b) In exceptional circumstances and delimited in time, upon authorization of the

member of the competent Government or, when this is not possible, by

confirmation of the same entity, to be delivered in the 15 days after the occurrence.

3-The maximum limit referred to in point a) of paragraph 1 can be increased up to two hundred

45

hours per year, per instrument of collective work regulation.

Article 201.

[...]

1-The annual limit of hours of extraordinary work to cope with accruals

possible work, applicable to part-time worker, is eighty hours per year or

the corresponding to the ratio between the respective normal period of work and that of

worker in full time, when superior.

2-The limit set out in the preceding paragraph may be increased up to two hundred hours per year,

by instrument of collective work regulation.

Article 204.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-A The public employer must possess and maintain for five years the relationship

nominal of the workers who carried out extraordinary work, with discrimination of the

number of hours provided under the paragraphs 1 or 2 of Article 199 and indication of the day in

that have enjoyed the respective compensatory rest, for the supervision of the Inspectorate-General of

Finance or other legally competent inspection service.

6-[ n. 7 ].

Article 205.

Week of work and weekly rest

1-A week of work is, as a rule, of five days.

46

2-Workers are entitled to a mandatory weekly rest day, plus

a complimentary weekly rest day, which are expected to coincide with Sunday and the

Saturday, respectively.

3-The rest days referred to in the preceding paragraph may only fail to coincide with the

Sunday and Saturday, respectively, when the worker exercises functions in organ or

service that terminates its activity on other days of the week.

4-The weekly rest days may still stop coinciding with Sunday and the

Saturday in the following cases:

a) Of worker required to ensure continuity of services that do not

can be interrupted or should be performed on a day of rest

of other workers;

b) From the staff of cleaning services or in charge of other work

preparatory and supplementary that should necessarily be carried out on the day

of rest of the remaining workers;

c) Of a worker directly assigned to activities of surveillance, transport and

treatment of electronic safety systems;

d) Of a worker who is active in exhibitions and fairs;

e) From personnel of the inspection services of activities not to end on Saturday

and, or, on Sunday;

f) In the remaining cases provided for in special legislation.

5-When the nature of the organ or service or reasons of public interest require it, may the

complimentary rest day be enjoyed, second option of the worker, of the following

mode:

47

a) Divided into two periods immediately preceding or later to the day of

weekly mandatory rest;

b) Half day immediately prior or later to weekly rest day

required, being the remaining time deducted in the duration of the normal period of

work of the remaining working days, without prejudice to the duration of the normal period of

weekly work.

6-Whenever it is possible, the public employer shall provide the

workers who belong to the same household the weekly rest on the same

days.

Article 207.

[...]

1-When the supplementary day of rest is not contigut to the weekly rest day

obligatory, it adds to this a period of eleven hours, corresponding to the period

minimum daily rest set out in Article 176.

2-The provisions of the preceding paragraph shall not apply to workers holding office

leaders and heads of multidisciplinary teams.

3-The provisions of paragraph 1 shall not also apply:

a) When the provision of extraordinary work by reason of force is necessary

greater, or by being indispensable to prevent or repair serious damage to the

organ or service due to accident or the risk of an imminent accident;

b) [ n (b) of paragraph 4 ].

48

c) To activities characterized by the need to ensure continuity of the

service, particularly the activities indicated in the following number, provided that

by means of a tool of collective work regulation or agreement

individual are guaranteed to the worker the corresponding resting

compensatory.

4-For the purposes of the provisions of the c) of the previous number will be met by the following

activities:

a) Activities of surveillance, transport and handling of electronic systems of

security;

b) Reception, treatment and care dispensed in establishments and services

health care providers, residential institutions, prisons and centres

educational;

c) Ambulances, firefighters or civil protection;

d) Collection of waste and incineration;

e) Activities in which the working process cannot be interrupted by

technical reasons;

f) Research and development.

5-The provisions of the c) of paragraph 3 is extensive to the cases of the predictive addition of

activity in tourism.

49

Article 211.

[...]

1-[...].

2-[...].

3-The right to vacation is irrestless and, outside of the cases provided for in the law, its actual enjoyment

cannot be replaced, albeit with the agreement of the worker, by any

economic or other compensation.

4-The right to holiday is reported to be, as a rule, to the work provided in the previous calendar year and not

is conditioned on assiduity or service effectiveness, without prejudice to the provisions of the n.

2 of Article 232 para.

Article 213.

[...]

1-The annual holiday period has, depending on the age of the employee, the following duration:

a) 25 working days until the worker completes 39 years of age;

b) 26 working days until the worker completes 49 years of age;

c) 27 working days until the worker completes 59 years of age;

d) 28 working days from the age of 59 years.

2-A age relevant for the purposes of applying the previous number is the one that the

worker complete by December 31 of the year in which the holidays are due.

3-To the holiday period provided for in paragraph 1 plus one working day of vacation for every ten years of

service actually provided.

50

4-A The length of the holiday period can still be increased in the frame of systems of

reward of performance, in the terms provided for in the law or in instrument of

collective labour regulations.

5-[ n. 2 ].

6-[ n. 5 ].

Article 217.

[...]

1-[...].

2-In the lack of agreement, it is up to the public employer entity to mark the holidays and draw up the

respective map, listening to the effect to the commission of workers or, failing that, the

trade union or interunion commission or the union delegates.

3-A The public employer can only mark the holiday period between May 1 and

October 31, unless it appears favorable to the contrary of the representative structures

referred to in the previous number or diverse arrangement of instrument of regulation

collective of work.

4-[...].

5-[...].

6-The enjoyment of the holiday period can be interpolated, by agreement between the entity

public employer and the employee and provided that, in one of the periods, they are enjoyed, in the

minimum, 11 consecutive working days.

7-[...].

51

Article 221.

Effects of termination of the contract

1-[...].

2-[...].

3-[...].

4-The provisions of the preceding paragraph shall still apply where the contract cum in the year

subsequent to that of admission.

Article 223.

[...]

1-[...].

2-A violation of the provisions of the preceding paragraph, without prejudice to the possible liability

worker's disciplinary, gives the public employer the right to reaver a

remuneration corresponding to the holidays and their allowance, from which half reverts to the

Institute for Financial Management of Social Security, in the case of the employee being a beneficiary

of the general social security scheme for all eventualities, or constitute revenue of the

State, in the remaining cases.

3-[...].

Article 225.

[...]

1-[...].

2-Are considered justified falters:

a) [...];

52

b) [...];

c) [...];

d) [...];

e) [...];

f) Those motivated by the need for ambulatory care, holding consultations

medical and supplemental diagnostic examinations that cannot take place outside

of the normal period of work and only for the time strictly necessary;

g) Those motivated by prophylactic isolation;

h) [ f) ];

i) The given ones for blood donation and socorrism;

j) Those motivated by the need for submission to selection methods in

concursal procedure;

k) The given on the account of the holiday period;

l) [ g (g) ];

m) [ h (h) ];

n) Those which by law are as such qualied, specifically those provided for in the

Decrees-Leis n. ºs 220/84, July 4, 272/88, August 3, 282/89, 23

of August, and 190/99, of June 5.

3-The provisions of the f) of the previous number is extensive to the assistance to the spouse or

equated, ancestry, descendants, adoptanes, adopted and stepchildren, minors or

handicapped, in an outpatient treatment regime, when demonstrably the

worker be the most suitable person to do so.

4-Are deemed unjustified the unforeseen lines in paragraphs 2 and 3.

53

Article 226.

[...]

The provisions relating to the types of flawing and their duration shall not be the subject of

tool for collective work regulation, save for the situations

provided for in paragraph m) of paragraph 2 of the previous article.

Article 230.

[...]

1-[...].

2-Without prejudice to other legal forecasts, they determine the loss of remuneration as

following outlines yet justified:

a) By reason of illness, as long as the worker benefits from a regime of

social protection in the disease;

b) Those provided for in paragraph o) of Article 225 (2), when greater than 30 days per

year.

3-[...].

4-In the case provided for in paragraph n) of Article 225 (2) the justified falters confer, in the

maximum, right to remuneration for one-third of the period of the duration of the campaign

election, only the worker may be missing means days or full days with prior notice of

forty-eight hours.

Article 232.

[...]

1-[...].

54

2-[...].

3-The provisions of the preceding paragraph shall not apply to the phalings provided for in the paragraph l) of paragraph 2 of the

article 225 para.

Article 249.

[...]

Without prejudice to the application to the contract of the principles and standards governing remuneration

of employees performing duties under public employment legal relationships,

to the remuneration shall apply to the provisions of the following Articles.

Article 254.

[...]

1-The worker is entitled to a Christmas allowance of equal value to one month of

Monthly base pay, which is to be paid in November each year.

2-The value of the Christmas allowance is proportional to the time of service provided in the calendar year,

in the following situations:

a) [...];

b) [...];

c) In the event of a suspension of the contract, save if by worker sickness.

Article 255.

Remuneration for the holiday period

1-A pay for the holiday period corresponds to the one the employee would receive if

were in effective service, apart from the meal allowance.

55

2-In addition to the remuneration mentioned in the preceding paragraph, the employee is entitled to a

value holiday allowance equal to one month of monthly base pay, which must be paid

per whole in the month of June each year.

3-A suspension of contract for worker's disease is without prejudice to the right to allowance

of vacations, in the terms of the previous number.

4-The increase or reduction of the holiday period provided for in Article 213 (3) and (4) and

in Article 232 (2), respectively, do not imply the increase or the reduction

correspondents in the remuneration or holiday allowance.

Article 256.

[...]

1-The worker exempt from working hours in the modalities provided for in points a) and b)

of Article 178 (1) is entitled to a remunerative supplement, in the fixed terms

by law or by instrument of collective labour regulation.

2-The provisions of the preceding paragraph shall not apply to special careers and to positions,

specifically to leading posts as well as to heads of multidisciplinary teams, in

that the working hours exemption scheme constitutes the normal scheme for the provision of the

work.

Article 257.

[...]

1-[...].

2-The remunerative addition provided for in the preceding paragraph may be set at

tool for collective labour regulation through an equivalent reduction

of the maximum limits of the normal period of work.

3-The provisions of paragraph 1 shall not apply to the work provided during the nighttime period,

save if provided for in instrument of collective work regulation:

56

a) [...];

b) At the service of activities which, by their nature or by virtue of the law, should

necessarily functioning at the disposal of the public during the same period;

c) When the remunerative addition by the provision of nighttime work if

find integrated in the base remuneration.

Article 258.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-It is chargeable the payment of extraordinary work the provision of which has been prior and

expressly determined.

Article 264.

Calculation of the value of hourly pay

The value of the normal working hour is calculated through the Rbx12 formula, being RB a

52xN

Monthly base pay and N the normal weekly working period.

Article 266.

[...]

The single remunerative table cannot provide for lower-amount remunerative levels

to that of the guaranteed monthly minimum consideration provided for in the Labour Code.

57

Article 267.

[...]

1-The amount of the remuneration shall be at the disposal of the employee on the date of

maturity or on the immediately preceding business day.

2-In the act of the payment of remuneration, the public employer shall deliver

to the worker document from which it is to the identification of that and the full name of this,

the number of enrolment at the respective social protection institution, the professional category,

the period with respect to remuneration, by discriminating against the base remuneration and the remaining

benefits, the discounts and deductions made and the net amount to be received.

Article 269.

[...]

1-A The obligation to meet the remuneration, when this is periodic, wins

monthly.

2-Compliance must be carried out in the working days.

3-A The public employer entity becomes resident if the employee, by fact

that it is not attributable to you, you cannot dispose of the amount of the remuneration on the date of

maturity.

Article 270.

[...]

1-[...].

2-The provisions of the preceding paragraph shall not apply:

58

a) [...];

b) [...];

c) At the discount provided for in Article 81 of the Disciplinary Regulations of Workers who

They exercise Public Functions;

d) [ point (e) ].

e) To other discounts or deductions provided for in the law.

3-[...].

4-[...].

Article 272.

[...]

1-[...].

2-[...].

3-[...].

4-A The application of the standards of this chapter may be removed when they are at issue

activities conditioned by safety or emergency criteria, specifically

civil protection activities, in the strict measure of the needs determined by those

criteria.

Article 273.

[...]

1-[...].

2-[...].

3-[...].

4-When various organs or services develop, simultaneously, activities with the

59

respective workers in the same workplace, they owe the employing entities

public, taking into account the nature of the activities that each develops, cooperate in the

sense of the protection of safety and health, the obligations being ensured by the

following entities:

a) [ b) ];

b) In the remaining cases, the various public employing entities, which must

coordinate for the organisation of the activities of safety, hygiene and health in the

work, without prejudice to the obligations of each public employer entity

relatively to the respective employees.

5-A The public employer shall, in the organ or service, observe the prescriptions

legal and those established in instruments of collective labor regulation, thus

as the Guidelines of the Authority for Working Conditions and other entities

competent relating to safety, hygiene and health at work.

Article 330.

[...]

1-A reduction of the normal period of work or suspension of the contract may

grounded in the temporary impossibility, respectively, partial or total, of the

provision of the work, in fact concerning the employee and in the agreement of the parties.

2-Allows also the reduction of the normal working period or the suspension of the contract

the celebration, between worker and public employer entity, of an agreement of

pre-reform.

Article 333.

[...]

1-Determine the suspension of the contract the temporary impediment by fact not

attributable to the worker who extends for more than one month, namely disease.

60

2-[...].

3-. [...].

4-[...].

Article 354.

[...]

1-[...].

2-[...].

3-A The public employer may refuse to grant the planned licence in the

previous number in the following situations:

a) [...];

b) [...];

c) [...];

d) In addition to the situations referred to in the above points, dealing with

workers holding senior leadership positions, who head multidisciplinary teams

or integrated into careers or grade 3 categories of functional complexity,

when it is not possible to replace the same during the period of the licence,

without serious injury to the functioning of the organ or service.

4-[...].

5-The licences without pay for spousal follow-up placed on the

foreign and for the exercise of duties in international bodies are granted in the

terms set out in the law applicable to appointed personnel.

61

Article 355.

[...]

1-A The granting of the licence determines the suspension of the contract, with the anticipated effects

in Article 331 (1) and (3).

2-The time period of the licence does not count for the purposes of seniority, without prejudice to the

provisions of the following number.

3-In the licences provided for in paragraph 5 of the preceding Article and in other licences founded on

circumstances of public interest, the employee may require that he be told the

time for the effects of retirement, retiming and fruition of social benefits, keeping the

corresponding discounts on the basis of the remuneration earned at the date of the grant of the

license.

4-In the licences of less than one year, in those provided for in paragraph 5 of the preceding Article and

in other licences founded in circumstances of public interest, the worker has

right to the occupation of a job at the organ or service when you terminate the permit.

5-In the remaining licences, the employee who intends to return to the service and whose post of

work find yourself busy, must wait for the forecast, on the map of personnel, of a post

of unoccupied work, and may apply for the concursal procedure for another

organ or service for which it meets the required requirements.

6-The early return of the worker in gozo leave without pay is applicable

the provisions of the preceding paragraph.

Article 357.

[...]

1-A The pre-reform situation constitutes by agreement between the employing entity

public and the employee and depends on the prior authorization of the members of the Government

62

responsible for the areas of finance and the Public Administration.

2-[...].

3-A public employer must remit the pre-reform agreement to safety

social or, being the case, to the General Box of Retirements, jointly with the sheet of

pay relative to the month of its entry into force.

Article 358.

[...]

1-[...].

2-The worker in a pre-retirement situation may develop another activity

paid professional, in the terms provided for in Articles 25 to 30 of Law No 12-A/2008,

of February 27.

Article 359.

[...]

1-In the pre-reform situation that corresponds to the reduction of the provision of the work, the

provision of pre-retirement is fixed on the basis of the last remuneration earned by the

worker, in proportion to the agreed normal weekly working period.

2-A The provision referred to in the preceding paragraph shall be updated annually in percentage

equal to that of the increase in pay that the worker would benefit from if he were in full

exercise of its functions.

3-The rules for the setting of the provision to be allocated in the pre-reform situation that

corresponds to the suspension of the provision of work are fixed by regulatory decree.

63

Article 360.

No punctual payment of the provision of pre-retirement

In the case of a lack of punctual payment of the provision of pre-retirement, if you live if

prolong for more than 30 days, the worker is entitled to resume full exercise of

functions, without prejudice to their seniority, or to settle the contract, entitled to

compensation provided for in paragraphs 2 and 3 of the following article.

Article 362.

[...]

The pre-retirement worker is considered an applicant for retirement or

retirement by old age as soon as you complete the legal age, save if until that date has

the extinction of the pre-reform situation occurred.

Article 381.

[...]

1-[...].

2-Credits resulting from the compensation for lack of the holiday enjoyment, by the application of

sanctions that come to be declared invalid or by carrying out work

extraordinary, vanquished more than five years ago, can only, however, be proved by

idoneo document.

Article 383.

[...]

1-The scheme set out in this Chapter shall not be removed or modified by

tool for collective work regulation, save the provisions of the figures

following or in another legal provision.

64

2-[...].

3-[...].

Article 384.

[...]

Without prejudice to the provisions of the Disciplinary Status of Workers Who Exercise

Public functions, the contract may cease by:

a) [...];

b) [...];

c) [...];

d) [...].

Article 385.

[...]

1-[...].

2-[...].

3-In addition to the certificate of work, the public employer is obliged to deliver

to the employee other documents intended for official purposes that by the one should be

issued and that this request, specifically those provided for in the social protection legislation.

Article 387.

[...]

The contract lapses in the general terms, namely:

a) [...];

b) In the event of supervenient, absolute and definitive impossibility of the worker

provide their work;

65

c) With the retirement or retirement of the worker, by old age or disability.

Article 388.

[...]

1-The contract lapses at the expiry of the stipulated period provided that the employing entity

public or the worker does not communicate, in writing, 30 days before the deadline expires, the

willingness to renew it.

2-In the lack of communication by the worker presumed the will of this one to renew the

contract.

3-A expiry of the contract the right term that decorates from non-communication, by the entity

public employer, of the will to renew it, gives the employee the right to a

compensation corresponding to three or two days of base pay for each month of

duration of the bond, depending on whether the contract has lasted for a period that,

respectively, do not exceed or exceed six months.

4-[ n. 3 ].

Article 389.

[...]

1-[...].

2-Addressing the situation provided for in the paragraph i) of Article 129 (1), which gives way to the

hiring of several workers, the communication referred to in the preceding paragraph shall

be done, successively, from the verification of the gradual decrease of the respective

occupation, with the approximation of the completion of the project for the development of which

have been hired.

3-[...].

4-A The termination of the contract gives the employee the right to a calculated compensation

in the terms of paragraphs 3 and 4 of the previous article.

66

Article 392.

[...]

1-The contract lapses by the retirement of the worker by old age or, in any case,

when the worker completes 70 years of age.

2-Are applicable to the restrained worker, with the necessary adaptations, the regimes of

incompatibilities and the cumulation of compensation of retired workers.

3-For the effects of the previous figures, the National Pension Centre notifies,

simultaneously, the beneficiary worker and the public employer of the assignment

of the old age pension and of the date to which the beginning of the same is reported.

4-A expiry of the contract checks for 30 days on the knowledge, by

both the parties, from the retirement of the worker by old age.

5-The provisions of paragraph 1 shall apply to contracts concluded with employees who are

subscriptions to the General Box of Retirees.

Article 393.

[...]

The public employer and the employee may make a cessation of the contract by agreement,

pursuant to the provisions of the following articles.

Article 394.

Shape

1-[...].

2-The cessation agreement shall discriminate against the amounts paid for the clearing by the

termination of the contract and, being the case, those arising from claims already overdue or charred

by virtue of that cessation, as well as to mention expressly the date of the celebration of the

agreement and the commencement of production of the respective effects.

67

Article 406.

[...]

1-[...].

2-Checks is still inadaptation of the worker when, addressing careers or

grade 3 categories of functional complexity, the objectives have not been met

previously fixed and formally accepted in writing, being such determined by the mode

of the exercise of functions and as long as it becomes practically impossible for the subsistence of the

working relationship.

3-The non-fulfilment of objectives to which the preceding paragraph is concerned is verified in

performance evaluation process, under the terms set out in law that regulates or adapts the

performance evaluation system of the Public Administration workers.

Article 407.

[...]

1-The dismissal for inadaptation referred to in paragraph 1 of the previous article may only have

place since, cumulatively, if you check the following requirements:

a) Modifications have been made to the post of work resulting from

changes in work processes, the introduction of new technologies or

equipment based on different or more complex technology, in the six months

previous to the initiation of the procedure laid down in Article 426;

b) [...];

c) [...];

d) Does not exist in the organ or service other available and compatible job

with the category of the worker;

e) [...];

68

f) [...].

2-A The termination of the contract provided for in paragraph 2 of the preceding Article shall only take place since,

cumulatively, if you check the following requirements:

a) The introduction of new work processes, new technologies or

equipment based on different or more complex technology implication

modification in the functions concerning the outpost;

b) [...];

c) [...].

Article 408.

[...]

The worker who, in the three months prior to the date of the commencement of the procedure laid down in the

article 426, has been put into a job in relation to which to check the

inadaptation is entitled to reoccupy the previous post, with guarantee of the same

base pay, save if this one has been extinguished.

Article 409.

Prior notice

1-A Dismissal decision, with express mention of the reason, shall be communicated,

in writing, to each employee in advance of not less than 60 days in respect of

date foreseen for the termination of the contract.

2-A The failure to comply with the prior notice referred to in the preceding paragraph shall not determine the

immediate cessation of the bond and implies for the public employer the payment

of the remuneration corresponding to the period of notice missing.

69

Article 410.

[...]

1-[...].

2-A The maintenance of the volume of employment shall be ensured within 180 days, the

count of the termination of the contract, admitting, to the effect, any of the following

situations:

a) [...];

b) Placement of another worker at the job in the course of the proceedings,

aiming at the extinction of its previous post.

Article 426.

[...]

1-In the case of dismissal by inadaptation, the public employer entity communicates,

in writing, the worker, the committee of workers and the trade union associations

representative, specifically to the one in which the worker is filleted, the need

of making a cessation of the contract.

2-A communication to which the preceding paragraph is concerned is accompanied by:

a) [...];

b) [...];

c) Indication of the non-existence of another outpost that is compatible with the

category of the worker, in the case of point d) of Article 407 (1).

70

Article 428.

[...]

1-Decorrids 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 employee in

special mobility situation, under the law, the public employer proffers entity,

in writing, reasoned decision of which it is const:

a) [...];

b) [...];

c) [...];

d) [...].

2-A The decision is communicated, by copy or transcription, to the worker and to the structures of

collective representation of workers under the terms set out in Article 426 (1).

Article 433.

[...]

The dismissal for inadaptation is still illicit if:

a) They lack the requirements of Article 407;

b) [...];

c) [...].

Article 434.

[...]

The employee may apply for the suspension of the effectiveness of the act of dismissal on the terms

of the Code of Procedure in the Administrative Courts.

71

Article 435.

[...]

1-The act of dismissal may be the subject of jurisdictional consideration in the terms of the

Code of Procedure in the Administrative Courts.

2-A The action has to be brought forward within one year of the date of the dismissal.

3-A The public employer may only invoke facts and constant fundamentals

of the dismissal decision communicated to the worker.

Article 436.

[...]

Being the dismissal declared illicit, the public employer entity is convicted:

a) [ n (a) of paragraph 1 ].

b) [ n (b) of paragraph 1 ].

Article 437.

[...]

1-Without prejudice to the compensation provided for in paragraph (a) of the previous article, the employee has

right to receive the remuneration he has ceased to earn since the date of the dismissal until

to transit on trial of the court's decision.

2-[...].

3-The amount of the unemployment benefit earned by the employee is deducted in the

compensation, owing to the public employer's entity to deliver that amount to security

social, in the case that it has been this the paying entity of the benefit.

4-[...].

72

Article 438.

[...]

The worker may opt for reintegration into the organ or service until the court's sentence.

Article 439.

[...]

1-In replacement of reintegration can the employee opt for compensation,

by having the court set the amount, between 15 and 45 days of base pay for each year

complete or fraction of seniority in the exercise of public functions, listening to the value

of the remuneration and the degree of ilicitude arising from the provisions of Article 429.

2-For the purposes of the preceding paragraph, the court must attend to all the elapsed time

from the date of the dismissal to the transit on trial of the jurisdictional decision.

3-A The compensation provided for in paragraph 1 shall not be less than three months ' pay

basis.

Article 441.

[...]

1-[...].

2-Constitutions fair cause of resolution of the contract by the employee, namely, the

following behaviors of the public employer entity:

a) [...];

b) [...];

c) Application of illegal sanction;

d) [...];

e) [...];

f) [...].

73

3-[...].

4-For consideration of the just cause must cater to the degree of injury of the interests of the

worker and the other circumstances that in the case if they show relevant.

Article 443.

[...]

1-A The resolution of the contract on the grounds of the facts provided for in Article 441 (2)

gives the employee the right to compensation for all the damage and

non-patrimonial suffered, and this shall correspond to an indemnity to be fixed between 15

and 45 days of base pay for each full year of seniority in the exercise of

public functions.

2-In the case of fraction of year the predicted reference value in the second part of the number

previous is calculated proportionally, but, regardless of the seniority of the

worker, the compensation can never be less than three months of base pay.

3-[...].

Article 444.

[...]

1-A The resolution of the contract may be the subject of jurisdictional consideration in the terms of

Code of Procedure in the Administrative Courts.

2-[...].

3-[...].

Article 447.

[...]

1-The worker may denounce the contract independently of just cause, upon

written communication sent to the public employer entity in the minimum advance

of 30 or 60 days, as it has, respectively, up to two years or more than two years of

74

seniority in the organ or service.

2-[ n. 3 ].

3-[ n. 4 ].

Article 448.

[...]

If the employee fails to comply, in whole or in part, the advance notice period set out

in the previous article, you are obliged to pay the public employer an indemnity

of value equal to the base remuneration corresponding to the period of notice in missing,

without prejudice to the civil liability for the damage eventually caused by virtue of the

failure to comply with the prior or emerging notice period of the violation of assumed obligations

in pact of permanence.

Article 449.

[...]

1-A declaration of termination of contract on the initiative of the employee, both by resolution

as per complaint, may by this be revoked by any form until the following 7.

by the date on which it comes to the power of the public employer entity.

2-[...].

3-[...].

4-[...].

Article 452.

[...]

1-Without prejudice to the forms of support provided for in the Act, they cannot the entities

public employers to promote the constitution, maintain or finance the functioning, by

any means, of the structures of collective representation of the workers or, by

75

any mode, to intervene in your organisation and direction, as well as to prevent or hinder the

exercise of your rights.

2-[...].

3-[...].

4-[...].

Article 453.

[...]

It is prohibited and deemed to be null and void the entire agreement or act that is aimed at:

a) [...];

b) Fire, change of workplace or, in any way, harm a

worker due to the exercise of the rights concerning participation in structures

of collective representation or by its affiliation or non-union membership.

Article 456.

[...]

1-[...].

2-The dismissal of worker candidate for social bodies of the trade union associations,

as well as from what exercise or there are exercised functions on the same social bodies there are less

of three years, it is presumed to be done without just cause or justification.

3-In case the worker fired is a union representative or a member of commission

of workers, having been interposed with a precautionary measure of suspension of the effectiveness of the

act of dismissal, this is not enacted only if the court concludes by the existence of

serious probability of verification of the just cause or of the justifiable reason invoked.

4-Administrative actions that have the object disputes relating to dismissal

of the workers referred to in the preceding paragraph have urgent nature.

76

5-Without prejudice to the provisions of the following number, there is no fair cause or reason

justification, the fired worker has the right to opt between the reintegration into the organ

or service and an indemnity calculated in accordance with the terms set out in Article 439 (1) or

established in instrument of collective labour regulation, and never lower than

base remuneration corresponding to six months.

6-In the case of dismissal decided in disciplinary procedure, the compensation in

replacement of the reintegration referred to in the preceding paragraph is calculated in the terms

provided for in the Disciplinary Status of Workers Performing Public Duties.

Article 457.

Protection in the event of a change of workplace

1-Elected workers for structures of collective representation, as well as in the

situation of candidates and up to two years after the end of the respective term, they cannot be

working place mute without your express agreement and without hearing the structure to which

belong.

2-The provisions of the preceding paragraph shall not apply when the change of place of work

result from the change of premises of the organ or service or course of legal standards

applicable to all its employees.

Article 459.

Information and consultation duties

The public employer entity is obliged to provide information and to hold consultations,

in the terms of the law.

77

Article 460.

Justification and control

1-A non-provision of information or the non-fulfilment of consultations referred to in the

previous article must be justified in writing, on the basis of legal criteria

objectively aferable.

2-A refusal to provide information or to conduct consultations may be the subject of

of administrative and jurisdictional appreciation, pursuant to the law on access to information

administrative and of the Code of Procedure in the Administrative Courts.

Article 461.

[...]

1-[...].

2-In organs or services with peripheral establishments or organic units

devolved the respective employees may constitute subcommittees of

workers.

3-Coordinating committees may be set up for articulation of activities of the

commissions of workers constituted in the organs or services of the same Ministry or

in the organs or services of different Ministries that pursue assignments of nature

analogous, as well as for the performance of other rights laid down in the law.

Article 462.

[...]

1-The commissions of workers acquire legal personality by the registration of their

statutes in the ministry responsible for the area of Public Administration.

2-[...].

78

Article 464.

[...]

The number of members of the workers ' commissions may not exceed:

a) In organs or services with less than 50 employees-two members;

b) In organs or services with 51 a to 200 workers-three members;

c) In organs or services with 201 a to 500 workers-three to five members;

d) In organs or services with 501 a to 1000 workers-five to seven members;

e) In organs or services with more than 1000 workers-seven to 11 members.

Article 465.

[...]

1-The number of members of the subcommittees of workers may not exceed:

a) In establishments or organic units with 50 a to 200 workers-three

members;

b) In establishments or organic units with more than 200 employees-

five members.

2-In establishments or organic units with less than 50 employees, the function

of the subcommittees of workers is ensured by a single worker.

Article 467.

[...]

1-[...].

2-In the organs or services with less than 50 employees the credit of hours referred to in the

previous number is reduced to half.

79

3-In the organs or services with more than 1000 employees, the commissions of workers

may opt:

a) By a global amount, which is ascertained by the following formula:

C= n x 25

where C is the credit of hours and n the number of members of the commission of

workers; or,

b) For having one of its members during half of its normal period of

work, regardless of the credits referred to in paragraph 1.

4-It has to be taken unanimously the option provided in the preceding paragraph, as well as,

in the case of point a) , the distribution of the overall credit amount of hours by the various

members of the committee of workers, and may not be assigned to each more than

forty monthly hours.

5-The members of the entities referred to in paragraph 1 shall be obliged, in addition to the limit therein

established, and ressalvated the provisions of paragraphs 2 a to 4, to the provision of work in the conditions

normal.

6-[...].

Article 476.

[...]

It is understood by:

a) [...];

b) [...];

c) [...];

d) [...];

80

e) Union section of organ or service-set of employees of an organ or

service, peripheral establishment or unconcentrated organic unit affiliated in the

same union;

f) Union commission of organ or service-organization of the union delegates of the

same syndicate in the organ or service, peripheral establishment or unit

unconcentrated organic;

g) Intersindical commission of organ or service-organization of the delegates of the

union commissions of the organ or service of a confederation, as long as they cover

at least five trade union delegates, or of all the union's union committees

or service, peripheral establishment or unconcentrated organic unit.

Article 477.

[...]

1-The trade union associations have, inter alia, the right to:

a) Celebrate collective agreements of work;

b) Providing services of an economic and social character to their associates;

c) Participate in the drafting of the work legislation;

d) Participate in the procedures for employees in the framework of proceedings

of reorganization of organs or services;

e) Establishing relationships or filming yourself in international trade union organizations.

2-It is recognized to trade union associations procedural legitimacy for the defence of rights and

collective interests and for the collective defence of individual rights and interests

legally protected from the workers they represent.

3-Trade union associations benefit from exemption from payment of the costs for defence

of the collective rights and interests, by applying in the rest the scheme provided for in the

Regulation of Procedural Costs.

81

Article 483.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-The ministry responsible for the labour area refers, officiously, to the member of the

Government responsible for the area of Public Administration copy of the association's statutes

sindical.

Article 484.

[...]

1-A The amendment of the Statutes shall be subject to registration and to the provisions of paragraphs 2 a to 4 and 6 of the article

previous, with the necessary adaptations.

2-[...].

Article 485.

[...]

1-[...].

2-[...].

3-The trade union associations have a compulsorily registered office on national territory.

4-[ n. 3 ].

82

Article 489.

[...]

1-The chairman of the table of the general meeting shall refer to the identification of the members of the

direction, as well as copy of the minutes of the assembly that elected them, to the ministry responsible

by the labour area within ten days after the election, for immediate publication in the Bulletin of the

Work and Employment .

2-The ministry responsible for the labour area refers, officiously, to the member of the

Government responsible for the area of Public Administration copy of the said documentation

in the previous number.

Article 491.

[...]

1-A The judicial or voluntary extinction of the trade union association shall be communicated to the

ministry responsible for the labour area carrying out the cancellation of the respective register,

producing effects from the respective publication in the Bulletin of Labour and Employment .

2-The ministry responsible for the labour area communicates, officiously, to the member of the

Government responsible for the area of Public Administration the cancellation of the registration of the

trade union association.

Article 496.

Trade union action in the organ or service

1-Workers and trade unions are entitled to develop trade union activity in the countryside

of the organ or service, in particular through union delegates, union commissions and

interunion commissions.

2-The exercise of the right referred to in the preceding paragraph shall not compromise the achievement

of the public interest and the normal functioning of the organs or services.

83

Article 497.

[...]

1-Workers can meet in the workplaces, outside of working hours

observed by the generality of the employees, upon convocation of the competent organ

of the trade union association, the union delegate or the union or interunion commission, without

injury to normal functioning, in the case of work by shift or work

extraordinary.

2-[...].

3-[...].

Article 498.

[...]

1-[...].

2-In the organs or services in which the number of delegates justifies it, or that

understand peripheral establishments or unconcentrated organic units, they can

constitute union commissions of delegates.

3-[...].

Article 500.

[...]

The maximum number of union delegates benefiting from the planned protection scheme

in this Code is determined as follows:

a) Organ or service, peripheral establishment or unconcentrated organic unit

with less than 50 unionized workers-one member;

b) Organ or service, peripheral establishment or unconcentrated organic unit

with 50 a to 99 unionized workers-two members;

84

c) Organ or service, peripheral establishment or unconcentrated organic unit

with 100 a to 199 unionized workers-three members;

d) Organ or service, peripheral establishment or unconcentrated organic unit

with 200 a to 499 unionized workers-six members;

e) Organ or service, peripheral establishment or unconcentrated organic unit

with 500 or more unionized workers-six members, plus one per

each 200 unionized workers.

Article 501.

[...]

Leading officeholders of the organs or services, peripheral establishments or

devolved organic units put at the disposal of union delegates, whenever

these the require and the physical conditions of the premises allow, a place appropriate to the

exercise of its functions.

Article 503.

[...]

1-[...].

2-The right to information and consultation covers, in addition to others referred to in law or

identified in collective agreement of work, the following subjects:

a) The information on recent developments and the likely evolution of the activities of the

organ or service, of the peripheral establishment or of the organic unit

deconfocussed and its financial situation;

b) [...];

c) [...].

85

3-Trade union delegates shall apply, in writing, respectively, to the organ of

direction of the organ or service or to the leader of the peripheral establishment or the unit

unconcentrated organic, the elements of information relating to the subjects referred to us

previous numbers.

4-[...].

5-[...].

Article 504.

[...]

1-Each trade union delegate has, for the performance of its duties, a credit of 12

hours a month.

2-The credit of hours referred to in the preceding paragraph is given in the terms provided for

in special legislation.

Article 505.

[...]

1-[...].

2-The credit of hours referred to in the preceding paragraph, as well as the scheme applicable to the

falters justified for the exercise of union functions, is defined in the terms set out in

special legislation.

Article 533.

[...]

The tools of collective labour regulation cannot confer effectiveness

retroactive to any of its clauses, save by dealing with clauses of nature

pecuniary.

86

Article 536.

Articulation between collective agreements of work

1-The collective labour agreements are articulated, owing to the collective agreement of

career indicate the subjects that can be regulated by collective entity agreements

public employer.

2-In the absence of collective career agreement or of the indication referred to in the preceding paragraph, the

collective agreement of public employer entity can only regulate the subjects of

duration and organization of the working time, excluding those relating to supplements

remunerations, and of safety, hygiene and health at work.

Article 537.

[...]

Where there is competition between instruments of collective regulation of

work of a non-negotiating nature, the decision of arbitration required deviates from the application of the

extension regulation.

Article 540.

Legitimacy and representation

1-Have legitimacy to conclude collective agreements of general careers:

a) By the trade union associations:

i) The union confederations with a seat on the Standing Committee on

Social Concertation;

ii) The trade union associations with a number of unionized workers who

correspond to at least 5% of the total number of workers who

carries out public functions;

87

iii) The trade union associations that represent workers of all

public administrations and, in the administration of the state, in all the

ministries, provided that the number of unionized workers matches

a, at least 2.5% of the total number of workers performing duties

public;

b) By public employer entities, the members of the Government responsible

by the areas of finance and the Public Administration.

2-Have legitimacy to celebrate collective agreements of special careers:

a) By the trade union associations, the trade union confederations integrated into the

special career in question; with a seat on the Standing Committee on Concertation

Social and trade union memberships representing at least 5% of the total number

from

b) By public employer entities, the members of the Government responsible

by the areas of finance and the Public Administration and the remaining members of the

Government interested in the function of the careers under the agreements.

3-Have legitimacy to conclude collective agreements of public employer entity:

a) By trade union associations, union confederations with a seat on the Commission

Permanent Social Concert and the remaining trade union associations

representative of the respective employees;

b) By the public employer entity, the members of the Government responsible for the

areas of finance and Public Administration and what to superintend in the organ or

service, as well as the public employer itself.

4-Have even legitimacy to celebrate collective agreements of general careers the

trade union associations that submit a single proposal for a celebration or review of

a collective agreement of work and which together meet the criteria of subparagraphs

ii) or iii) of the paragraph a) of paragraph 1.

88

5-In the case provided for in the preceding paragraph the negotiating process runs jointly.

6-The collective agreements of work are signed by the representatives of the associations

trade union determined in the terms of the previous numbers as well as by the members of the

Government and entity referred to in those numbers, or respective representatives.

7-For the purposes of the provisions of the preceding paragraph, representatives shall be deemed to be

trade union associations:

a) The members of their respective directorates with powers to hire;

b) Persons, whether natural or legal, mandated by the directions of the associations

union.

8-A The revocation of the mandate is only effective after written communication to the other party to date

of the signing of the collective labour agreement.

9-For the purposes of the provisions of paragraph 6, it is representative of the public employer entity,

has or does not have legal personality, the respective maximum leader or the one in which he / she has

been delegated such competence.

Article 543.

[...]

The collective agreement of work shall refer to:

a) [...];

b) [...];

c) Scope of application;

d) [...];

e) [...];

89

f) [...];

g) Estimation by the celebrant entities of the number of organs or services and of

workers covered by the collective labour agreement.

Article 546.

[...]

1-Parties shall, where possible, assign priority to the subjects of the supplements

remunerations, performance premiums and the duration and organisation of the time of

work in view of the adjustment of the resulting global burden addition, as well as

to safety, hygiene and health at work.

2-[...].

Article 547.

[...]

1-. [...].

2-The representatives of the parties to the process of collective bargaining shall,

opportunely, make the necessary consultations to employees and entities

public employers interested, and may not, however, invoke such a need for

obtain the suspension or interruption of any acts.

3-[...].

4-It cannot be refused, in the course of negotiation processes of the collective agreements

of public employer entity, the provision of activities and reports of activities and of

budgets of the organs or services and, in any case, the indication of the number of

workers, by category, who are located within the scope of the agreement to be concluded.

90

Article 548.

[...]

In the preparation of the proposal and its respective response and during the negotiations, the Directorate-

General of the Administration and Public Employment and the remaining organs and services provide to the

parts the necessary information that they have and that they are required for.

Article 549.

[...]

1-The collective agreement of work, as well as the respective revocation, is delivered for

deposit, in the Directorate General of Administration and Public Employment, in the five days

subsequent to the date of the signing.

2-. [...].

Article 552.

[...]

1-The collective labour agreement obliges public employer entities covered

by its scope and the employees at its service who are members of the

trade union associations outorgants.

2-The collective agreement of work heard by the unions, federations and confederations

obliges employees enrolled in the unions represented in the terms of the statutes

of those organizations.

Article 553.

[...]

Collective agreements of work cover employees who are affiliated with the

signatory associations at the time of the commencement of the negotiating process, as well as those which

in them shall be affiliated during the term of the same agreements.

91

Article 554.

[...]

1-In the event of the disaffiliation of the employees or the respective associations, of the subjects

outorgants, the collective labour agreement applies until the end of the deadline that it

expressly the record or, being the object of the amendment, until its entry into force.

2-In the event that the collective labour agreement does not have a term of duration, the employees

or the respective associations that have become defiltered from the subject outorgants are

covered during the minimum term of one year.

Article 555.

Effects of succession on assignments

1-In the event of a reorganisation of organs or services with transfer of your assignments

or competencies for another organ or service, the collective agreements of entity

public employer who links those organs or services are applicable to the organ or

integrator service up to the expiry of the respective term limits, and at a minimum during 12

months from the date of the transfer, save if, in the meantime, another collective agreement of

public employing entity to apply to the integrator organ or service.

2-In the event of transfer of assignments or the responsibility of organ management or

service for business public entities or private entities in any form, the

instrument of collective work regulation that links that organ or service is

applicable to these entities until the expiry of the respective term of operation, and at a minimum

for 12 months from the date of the transfer, save if, in the meantime, another instrument

of collective bargaining regulations by negotiating themselves to apply to the same entities.

92

Article 556.

[...]

1-The collective labour agreement vigour for the time frame of it, and it may not be

less than one year.

2-Elapsed the term of operation shall apply by the following scheme:

a) The collective agreement of work renews itself on the terms set out in it;

b) In the event that the collective agreement of work does not regulate the matter provided for in the

previous, renews successively for periods of one year.

3-[ n. 2 ].

4-The provisions of the preceding paragraphs shall be without prejudice to the implementation of the arrangements provided for in the

next article.

Article 557.

[...]

1-Any collective labour agreement can be denounced, irrespective of the

period of duration or of the renewal clauses provided for, the period of 10 elapsed

years counted since its entry into force or, by being the case, from its latest global review.

2-Havendo denunciation, the collective agreement of work renews itself for a period of 18

months, owing to the parties to promote the procedures leading to the celebration of new

agreement.

3-Elapsed the period referred to in the preceding paragraph the collective agreement of work

lapses, manholding, until the entry into force of another collective labour agreement or

arbitral decision, the effects defined by agreement of the parties or, in their absence, the already produced

by the same agreement in the contracts with respect to:

a) Remuneration of the worker;

93

b) Duration of working time.

4-In addition to the effects referred to in the preceding paragraph, the employee benefits from the remaining

rights and guarantees arising from the application of this Code.

5-Elapsed the period of one year after the expiry of the collective agreement of employment without

that a new agreement has been entered into and exhausted the means of conflict resolution

collective, any of the parties may accrate the necessary arbitration, upon

reporting to the party that is opposed to the negotiation of the collective labour agreement and

to the Directorate General of Administration and Public Employment.

Article 558.

[...]

1-[...].

2-A The complaint must be made in advance of at least three months,

on the expiry of the term of force provided for in Article 556 or in paragraph 1 of the article

557.

Article 563.

[...]

1-The trade union associations and, in the case of collective agreements of employer entity

public, public employer entities, can join collective agreements of work

or arbitral decisions in force.

2-[...].

3-[...].

4-The accession agreements apply the rules regarding the legitimacy, the signature, the

deposit and the publication of the collective agreements of work.

94

Article 565.

[...]

1-. [...].

2-In the event that the designation of the third arbitrator has not been made, the Directorate General of

Administration and Public Employment proceeds to the respective draw from among the arbitrators

constants of the list of arbitrators chairpersons, within five working days.

3-A Directorate-General for Administration and Public Employment should be informed by the

parts of the beginning and the end of the respective procedure.

4-Referees may be assisted by experts and have the right to obtain from the parties, from the

Directorate General of Administration and Public Employment and the other bodies and services to

necessary information that these have.

5-The arbitrators send the text of the decision to the parties and to the Directorate General of the Administration and

of Public Employment, for the purpose of deposit and publication, within 15 days of the

decision.

6-[ n. 5 ].

Article 569.

[...]

1-A required arbitration is actuated upon reasoned communication of any

of the parties to the party which is opposed to the negotiation of the collective labour agreement and to the

Directorate-General for Administration and Public Employment.

2-In the forty-eight hours subsequent to the communication to which the number is referred

previous, the parties appoint the respective arbitrator, the identification of which is communicated, on time

from twenty-four hours, to the other party and to the Directorate-General for Administration and Employment

Public.

3-[ n. 2 ].

95

4-In the event that the appointment of the arbitrator has not been made by one of the parties, the Directorate-

General of the Administration and Public Employment proceeds, within five working days, to the

Draw of the arbitrator in lack of among the constants of the list of arbitrators of the representatives of the

employees or public employer entities, depending on the cases, and may

the failing part offer another, in its replacement, in the following forties and eight hours,

by proceeding, in this case, the arbitrators appointed to the choice of the third arbitrator, pursuant to the

previous number.

5-In the event that the choice of the third arbitrator has not been made, the Directorate General of

Administration and Public Employment proceeds to the respective draw from among the arbitrators

constants of the list of arbitrators chairpersons, within five working days.

6-A Directorate-General for Administration and Public Employment notifies representatives

of the working party and the public employer entities of the day and time of the draw,

by performing this at the time marked in the presence of all representatives or, in the absence

of these, one hour later with those in attendance.

7-[ n. 6 ]

Article 570.

[...]

1-The lists of arbitrators of the representatives of employees and of the employing entities

public are composed of eight arbitrators and drawn up, within three months after the

entry into force of the RCTFP, trade union confederations and the member of the Government

responsible for the area of Public Administration, respectively.

2-In the case of the lists of arbitrators of the employees ' representatives and, or, of the

public employer entities have not been drawn up in the terms of the number

previous, the competence for its elaboration is dewound to the President of the Council

Economic and Social, which constitutes it within one month.

96

3-A The list of presiding arbitrators shall consist of judges or jubilant magistrates,

nominees, in number of three, by each of the following entities:

a) Top Council of the Magistrature;

b) Top Council of Administrative and Fiscal Courts;

c) Top Council of the Public Ministry.

4-Each list crooks up for a period of three years.

5-The lists of referees are communicated to the Directorate General of the Administration and the

Public employment, which guarantees its permanent update.

Article 574.

[...]

It is incumbent on the members of the Government responsible for the areas of finance and the

Public Administration the issuance of extension regulations, pursuant to the articles

following.

Article 575.

[...]

1-A The issuance of an extension regulation is only possible by being in question

social and economic circumstances that are grounded in justifying and after exhausting

all legally foreseen representations for the celebration of instruments of

collective bargaining regulation.

2-Verified the assumptions referred to in the preceding paragraph, the members of the Government

responsible for the areas of finance and the Public Administration can, through the

issuance of a regulation, determine the extent, total or partial, of:

97

a) Collective bargaining agreements or arbitral decisions, to other employees, since

that the same are covered by the scope of those

instruments;

b) Collective agreements of public employer entity or arbitral decisions, the other

or other public employing entities.

Article 576.

[...]

1-The members of the Government responsible for the areas of finance and the Administration

Public mandate to publish the draft extension regulation in the 2. th Journal of the Journal of the

Republic .

2-. [...].

3-[...].

4-[...].

Article 581.

[...]

1-The instruments of collective work regulation, as well as their revocation,

are published in the 2 th Journal of the Journal of the Republic and come into force, after their publication,

in the same terms of the laws.

2-Compete to the Directorate General of the Administration and Public Employment to proceed to

publication in the 2 th Journal of the Journal of the Republic of notices on the date of the termination

of collective labour agreements.

3-[ n. 4 ].

98

Article 584.

[...]

1-[...].

2-. [...].

3-A conciliation is carried out, if it is required by one or both parties, by a

of the presiding arbitrators referred to in Article 570 (2), advised by the Directorate-

General of Administration and Public Employment.

4-The arbitrator referred to in the preceding paragraph is assorted by the Directorate-General for

Administration and Public Employment from among the arbitrators listed in the list of arbitrators

presidents, within five working days.

5-In the event that conciliation was not required pursuant to paragraph 3, the Directorate General

of the Administration and Public Employment shall be informed by the parties of the beginning and the

term of the respective procedure.

6-[ n. 5 ].

Article 585.

Procedure for conciliation

1-Having been requested in accordance with paragraph 3 of the preceding Article, the parties are convened

for the beginning of the conciliation procedure, in the fifteen days following the presentation of the

request.

2-A Directorate-General for Administration and Public Employment should invite to participate

in conciliation that is for the purpose of reviewing a collective agreement of work the parties

in the negotiation process that do not require conciliation.

3-The parties referred to in the preceding paragraph shall respond to the invitation by the deadline of five

working days.

99

4-[...].

Article 587.

[...]

1-[...].

2-For the purposes set out in the preceding paragraph, the parties may resort to services

public mediation or other labour mediation systems.

3-In the absence of the agreement provided for in paragraph 1, one of the parties may apply for, one month after the

start of conciliation, the intervention of one of the listed personalities of the list of

referees presidents to perform the roles of mediator.

4-[ n. 3 ].

Article 588.

[...]

1-A mediation is carried out, if it is required by one or both parties, by a

of the presiding arbitrators referred to in Article 570 (2), advised by the Directorate-

General of Administration and Public Employment.

2-The arbitrator referred to in the preceding paragraph is assorted by the Directorate-General for

Administration and Public Employment from among the arbitrators listed in the list of arbitrators

presidents, within five working days.

3-In the event that mediation has not been required pursuant to paragraph 1, the Directorate General of

Administration and Public Employment should be informed by the parties of the beginning and the term

of the respective procedure.

4-[ n. 3 ].

5-[ n. 4 ].

100

6-For the drafting of the proposal, the mediator may request the parties and any organ

or service the data and information that these have and that the one considers

necessary.

7-[ n. 6 ].

8-[ n. 7 ].

9-[ n. 8 ].

10-[ n. 9 ].

Article 589.

Convocation by the mediator

1-. [...].

2-. [...].

Article 595.

[...]

1-The entities with legitimacy to decide the appeal to the strike should direct the

public employer entity, to the member of the Government responsible for the area of

Public Administration and the remaining members of the relevant government, by means

idogens, particularly in writing or through the media, a warning

prior, with the minimum term of five working days.

2-[...].

3-[...].

101

Article 597.

[...]

1-[...].

2-Relatively to the labour links of the strikers, they remain, during the strike, the

rights, duties and guarantees of the parties to the extent that they do not presuppose the actual

provision of the work, as well as the rights provided for in the legislation on social protection

and benefits due to accidents at work and occupational diseases.

3-[...].

Article 598.

[...]

1-[...].

2-For the purposes of the provisions of the preceding paragraph, consider bodies or services that

they are aimed at the satisfaction of impreterable social needs those who integrate,

notably, in some of the following sectors:

a) Public safety, either in free or in an institutional medium;

b) Post offices and telecommunications;

c) Medical, hospital and medicinal services;

d) Public salubrity, including the realization of funerals;

e) Energy services and mines, including the supply of fuels;

f) Supply of waters;

g) Firefighters;

h) Public service services that ensure the satisfaction of needs

essentials whose provision falls to the State;

102

i) Transport relating to deteriorable passengers, animals and foodstuffs and the

essential goods to the national economy, covering their respective loads and discharges;

j) Transport and security of monetary values.

3-[...].

Article 599.

[...]

1-[...].

2-In the absence of foresight in instrument of collective labour regulation and not

with agreement prior to the advance notice as to the definition of the minimum services provided for

in Article 1 (1), the member of the Government responsible for the area of the Administration

Public summons the representatives of the workers referred to in Article 593 and the

representatives of the public employer entities interested, with a view to

negotiation of an agreement as to the minimum services and as to the means necessary

to ensure them.

3-In the absence of an agreement until the end of the 3 the day after the advance notice of strike, the

definition of the services and means referred to in the preceding paragraph shall compete for a college

arbitral composed of three arbitrators set out in the lists of arbitrators provided for in the article

570., pursuant to the terms set out in special legislation.

4-A The decision of the arbitral college produces effects immediately after its notification to the

representatives referred to in paragraph 2 and shall be affixed to the premises of the organ or service, in the

places customarily intended for the information of workers.

5-[ n. 6 ].

6-[ n. 7 ]. "

103

Article 4.

Additions to the Labour Code

In the application of the Labor Code are the articles 160.-A, 223.-A, 227.

249.-A, 257.-A, 409.-A, 409.-A to 409.-C and 486.-A, with the following wording:

" Article 160.

Period of care

1-Understand by period of attendance the daily time interval during which the

organs or services are open to cater for the public, and this period may be equal or

lower than the operating period.

2-The period of care should, biased, have the minimum duration of seven hours

daily and cover the morning and afternoon periods, and must be compulsorily affixed,

in a visible way to the public, at the places of care, the hours of your start and your

term.

Article 223-The

Contact in a holiday period

Before the start of the holidays, the employee must indicate, if possible, to the respective entity

public employer, the way it can be eventually contacted.

Article 227-The

Faltas on account of the holiday period

1-Without prejudice to the provisions of special law, the worker may be missing two days a month

on account of the holiday period, up to a maximum of 13 days per year, which may be

used in periods of means days.

2-The missed outlines in the previous number are relevant, the second option of the person concerned, in the

holiday period of the year itself or the following.

104

3-The flawings on account of the holiday period must be communicated in advance

minimum of twenty four hours or, if it is not possible, on the day itself and are subject to

authorization, which may be refused, if they are likely to cause injury to the normal

operation of the organ or service.

Article 249-The

Imperativity

The legal provisions in respect of remuneration may not be removed or waived

by instrument of collective work regulation, save when they predict systems

of reward of performance.

Article 257-The

Work by shifts

1-For as long as one of the shifts is fully or partially coincident with the period of

night work, shift workers are entitled to a remunerative addition

the amount of which varies depending on the number of shifts adopted, as well as nature

permanent or not of the operation of the service.

2-The addition referred to in the preceding paragraph, in respect of the base remuneration, varies

between:

25% and 22%, when the shift regime is permanent, total or partial;

22% and 20%, when the shift regime is extended weekly, total or partial;

20% and 15%, when the shift regime is weekly, total or partial;

3-A fixing of the percentages, in the terms of the previous number, takes place in regulation

internal or in instrument of collective labour regulation.

4-The shift regime is permanent when the work is provided in all seven days

of the week, extended weekly when it is provided in all five working days and in the

saturday or on Sunday and weekly when it is provided only from Monday to Friday.

105

5-The shift regime is total when it is provided in at least three periods of

daily and partial work when it is provided only in two periods.

6-The remunerative addition includes whatever it was due for night work but not

sidelate what is due to extraordinary work provision.

7-The remunerative addition is considered for the purposes of quotization for the scheme of

applicable social protection and calculation of the corresponding retirement pension or

retirement.

Article 393-The

Termination agreement

The cessation agreement is regulated by porterie of the members of the Government

responsible for the areas of finance and the Public Administration with observance of the

following rules:

a) The compensation to be awarded to the employee takes as a reference to his remuneration

monthly basis, being the respective amount awounded depending on the number of years

complete, and with the respective proportion in the case of fraction of year, of exercise of

public functions;

b) Their celebration generates the inability of the worker to constitute a relationship of

linking, to the title of public or other employment, with the organs and services of the

direct and indirect administrations of the State, regional and municipal bodies, including the

respective business public entities, and with the other organs of the State,

during the number of months equal to double the number resulting from the division of the

amount of compensation awarded for that of your monthly basic remuneration,

calculated with approximation by excess.

106

Article 409-The

Credit of hours

1-During the period of notice the employee is entitled to use a credit of hours

corresponding to two days of work per week, without prejudice to the remuneration.

2-The credit of hours can be divided by some or by every day of the week, by

initiative of the worker.

3-The employee must communicate to the public employer the mode of use of the

credit of hours with three days in advance, unless otherwise served reason.

Article 409-B

Denunciation

During the prior notice period, the employee may, upon declaration with the

minimum of three business days, denounce the contract, without prejudice to the right to

compensation.

Article 409-C

Compensation

1-The worker whose contract cesse by virtue of dismissal for inadaptation has

right to a compensation corresponding to one month of base pay for each year

full of seniority in the exercise of public functions.

2-In the case of fraction of year, the reference value predicted in the preceding paragraph is

calculated proportionally.

3-A The compensation referred to in paragraph 1 may not be less than three months of

base pay.

4-Presume that the worker accepts the dismissal when he receives the compensation

provided for in this article.

107

Article 486-The

Participation in electoral processes

The associates have the rights provided for in special legislation in respect of participation

in electoral processes that develop within the framework of the trade union association. "

Article 5.

Provisions of the Code of Labour not applicable

The following provisions of the Labour Code shall not apply:

a) Articles 5 and 7 to 9;

b) Articles 10 to 13;

c) Article 14;

d) Articles 53 to 70;

e) 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) Article 130 (2), para. c) and d) of Article 132 (2) and (3), paragraph 2 of the article

138. and Articles 141 and 145;

m) Article 165;

n) Article 182 (2) of Article 183 (2) and Article 184 (2);

o) Article 202 (5) and Article 203 (3);

108

p) Article 206;

q) Article 216 (8) of Article 219 (7) and Article 229 (7);

r) Articles 244 to 248;

s) Articles 250 to 253 and 260 to 262;

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;

cc) Articles 332 and 335 to 353;

dd) Articles 344 and 349;

ee) Article 351;

ff) Article 364 (2);

gg) Articles 365 to 376;

hh) Articles 377 to 380;

ii) Articles 390 and 391;

jj) Article 395 (4);

ll) Articles 396 and 397 to 404;

mm) Articles 411 to 425;

nn) Articles 430 to 432;

109

oo) Article 450;

pp) Point (b) of Article 451 and Article 458;

qq) Articles 471 to 474;

rr) Articles 506 to 523;

ss) Articles 524 to 530;

tt) Article 531;

uu) Article 535;

vv) Points. b) and c) of Article 541;

xx) Articles 567 and 568;

zz) Articles 577 to 580;

aaa) Articles 607 to 689.

Article 6.

Adaptation of the systematic organization of the Labour Code

In the application of the Labour Code the following adaptations to your organisation are made

systematic:

a) The division in books and the systematic divisions of book II are eliminated;

b) Title I shall be named "Sources and application of law";

c) Title II denominates "Contract";

d) Section I, subsections I, V and X of section II and subsection II of section II are removed

section III of Chapter I of Title II;

e) Section VI of Chapter I of Title II shall be called "Invalidity of the Contract";

f) Subsection I of section VIII of Chapter I of Title II shall be called "Term";

110

g) Subsection I of Section III of Chapter II of Title II includes Art. 160;

h) Subsection VII of Section III of Chapter II of Title II shall be called " Work

extraordinary ";

i) Subsection X of Section III of Chapter II of Title II includes Art. 223;

j) Subsection XI of section III of Chapter II of Title II includes Art. 227;

l) Section V of Chapter II of Title II is removed;

m) Chapter III of Title II shall be called " Remuneration and other assignments

patrimonial ";

n) Section I of Chapter III of Title II includes Articles 249-A and 257.

o) Section II of Chapter III of Title II shall be named " Determination of the value of the

remuneration ";

p) Chapter V of Title II is eliminated;

q) Chapter VI of Title II is eliminated;

r) Sections I, II and III of Chapter VII of Title II are removed;

s) Subsection II of Section IV of Chapter VII of Title II shall be called " Suspension

of the contract by fact concerning the employee ";

t) Subsection III of Section IV of Chapter VII of Title II is removed;

u) Sections II and III of Chapter VIII of Title II are removed;

v) Section III of Chapter IX of Title II includes Article 393;

x) Section IV of Chapter IX of Title II shall be called " Cessation on the initiative of the

public employer entity ";

z) Divisions I, II and III of subsection I and divisions I, II and III of the

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 the

articles 409-A to 409 ºC;

bb) Subsection III of Section I of Chapter I of subtitle I of Title III shall be called

"Information and consultation";

cc) Section III of Chapter I of subtitle I of Title III is deleted;

dd) Subsection II of section IV of Chapter I of subtitle I of Title III includes the article

486.

ee) Subsection IV of section IV of Chapter I of subtitle I of Title III shall be called

"Exercise of trade union activity in the organ or service";

ff) Is deleted Chapter II of subtitle I of Title III;

gg) Is deleted Chapter III of subtitle I of Title III;

hh) Section II of Chapter I of subtitle II of Title III is called " Competition and

articulation between instruments of collective labour regulation ";

ii) Chapter II of subtitle II of Title III is named " Collective Agreement of

work ";

jj) Section II of Chapter II of subtitle II of Title III shall be called " Legitimacy,

representation, object and content ";

ll) Section II of Chapter IV of Subtitle II of Title III shall be called " Arbitration

necessary ";

mm) Chapter VI of subtitle II of Title III is eliminated.

112

Article 7.

Adaptations to the Regulation of the Labour Code

Articles 33, 37 to 40, 57, 68, 71, 73, 78, 96, 96, 101, 101, 101, 101, 101, 101, 101, 101

103 to 107, 109 to 111, 148, 158, 159, 180, 181, 193, 213, 213, 213, 213, 213.

214, 216, 219, 227, 227, 242, 244, 249, 250, 255, 255, 255, 255, 255, 255, 255, 255

258, 259, 268, 272, 274, 282, 283, 289, 329, 332, 332, 332, 332, 332, 332, 332, 332

340, 342, 349 to 352, 354 to 356, 361, 396, 400 to 398, 403, 408, 408, 408.

a 410, 412, 414 to 416, 434 to 439, 441, 442 to 448, 442, 495 and 447 to 448, 495.

of the Regulation of the Labour Code shall apply with the following adaptations:

" Article 33.

[...]

1-The right to equal opportunities and treatment with regard to access to

employment, vocational training and promotion and working conditions respects:

a) [...];

b) To access to all types of guidance and vocational training of any level,

including the acquisition of practical experience;

c) At remuneration, promotions at all hierarchical levels and the criteria that

serve as a basis for the selection of employees to say goodbye;

d) To membership or participation in organizations of workers or any other

organization whose members exercise a particular profession, including the

benefits by them assigned.

2-[...].

3-[...].

4-[...].

113

Article 37.

Equal pay

1-[...].

2-Without prejudice to the provisions of Article 28 (2) of the Code, the equality of

remuneration implies that for equal work or equal value:

a) Any variable remuneration modality is established on the basis of the same

unit of measurement;

b) [...].

3-[...].

Article 38.

Sanction without reason justifying

It is presumed without any justification for the dismissal or the application of any penalty under

the appearance of punishment of another foul, when it takes place up to one year after the date of the

complaint, complaint or purposeful of the jurisdictional action against the employing entity

public.

Article 39.

[...]

1-The provisions of statutes of representative organizations of workers, well

as the internal organ or service regulations that restrict access to any

employment, professional activity, vocational training, working conditions or career

professional exclusively for male or female workers, outside of cases

provided for in Article 23 (2) and in Article 30 of the Code, they shall apply to both

the sexes.

114

2-The provisions of instruments of collective labour regulations, as well as the

internal organ or service regulations that establish working conditions

applicable exclusively to male or female employees for categories

professionals with equal or equivalent functional content consider themselves to be substituted by the

more favourable disposition, which it goes on to cover workers of both sexes.

3-For the purposes of the preceding paragraph, it is considered that the profissional category has equal

functional content or is equivalent when the respective description of functions

correspond respectively to the equal work or work of equal value, in the terms of the

points c) and d) of Article 32 (2)

Article 40.

[...]

All public employer entities must maintain for five years registration of the

recruitments made donde build, by genders, namely, the following elements:

a) Advertisation of concursal procedures;

b) Number of applications submitted;

c) Number of candidates present in the selection methods;

d) Results of the selection methods used;

e) Final ordering of the candidates;

f) Social balance sheets on data that allow to analyze the existence of possible

discrimination of one of the sexes in access to employment, training and promotion

professionals and working conditions.

Article 45.

[...]

1-[...].

115

2-[...].

3-A notification shall contain the following elements:

a) Name and address of the organ or service;

b) [...];

c) [...];

d) [...].

4-[...].

Article 57.

[...]

1-[...].

2-If the organ or service is extinguished, records and files shall be transferred to the

body of the ministry responsible for the relevant labour area in respect of

safety, hygiene and health at work, which ensures your confidentiality.

3-[...].

Article 68.

[...]

1-A worker may opt for a maternity leave of higher than 25% à

provided for in Article 35 (1) of the Code, and the addition shall be enjoyed

necessarily following childbirth, under the legislation on social protection.

2-[...].

3-The scheme provided for in the preceding paragraphs applies to the parent who enjoys the permit by

paternity in the cases provided for in Article 36 (2) and (4) of the Code.

4-[...].

116

5-[...].

6-[...].

7-[...].

Article 69.

[...]

1-[...].

2-[...].

3-The worker who intends to enjoy paternity leave, by joint decision of the

parents, must inform the public employer entity in advance of 10 days and:

a) [...];

b) [...];

c) Prove that the employer's employer, public or private, of 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 shall:

a) [...];

b) [...];

117

c) Prove that your spouse has informed the respective employer, public or

private, from the joint decision.

6-[...].

7-[...].

8-[...].

Article 73.

[...]

1-[...].

2-A dispensation for aleitation, provided for in Article 39 (3) of the Code, may be exercised

by the mother or the working parent, or by both, as a joint decision, owing the

beneficiary, in any case:

a) [...];

b) [...];

c) [...];

d) To prove that the other parent has informed the respective employer entity,

public or private, of the joint decision.

3-A The daily dispensation for breastfeeding or lactation is enjoyed in two distinct periods,

with the maximum duration of one hour each, save if another scheme is agreed with

public employer entity, in any case without exceeding two daily hours.

4-[...].

5-[...].

6-[...].

118

Article 75.

[...]

1-[...].

2-[...].

3-In cases referred to in the preceding paragraph, the holder who laces the work shall submit

to the public employer entity:

a) [...];

b) The proof that the other holder informed the respective employer, public

or private, from the joint decision.

Article 78.

[...]

1-[...].

2-Unless otherwise agreed, the normal period of part-time work corresponds

half of the practiced full time and is provided on a daily basis, in the morning or in the afternoon,

or on three days a week, as per the worker's request.

Article 80.

[...]

1-[...].

2-[...].

3-If the opinion referred to in the preceding paragraph is unfavourable, the employing entity

public can only refuse the application after jurisdictional decision recognizing the existence of

justifiable reason.

119

4-A The public employer shall inform the employee, in writing, within the period of

20 days counted from the receipt of the application, indicating the foundation of the intention to

refusal.

5-[...].

6-[...].

7-[...].

8-[...].

9-[...].

Article 96.

[...]

The worker, after finishing any situation of leave, falters, dispensation or regime of

special work regulated in this chapter is entitled to resume the previous activity.

Article 97.

[...]

1-[ n. 2 ].

2-In the case provided for in paragraph c) from the previous number, the worker resumes the activity

previous in the first vacancy that occurs in the organ or service or, if this however if not

check, at the end of the forecast period for the licence.

3-Terminated the licences referred to in paragraph 1, the employee shall present himself to the entity

public employer to resume previous activity, under penalty of incurring falters

unjustified.

120

Article 98.

[...]

1-For the purposes of Article 51 of the Code, the public employer shall remit

copy of the process to the entity that has competence in the area of equal opportunity

between men and women, at the following times:

a) With the final report of the instructor, in the dismissal by fact attributable to the

worker;

b) After the consultations referred to in Article 427 of the Code, in the dismissal by

inadaptation.

2-[...].

3-A The action referred to in Article 51 (6) of the Code shall be brought in the 30 days

subsequent to the notification of the prior opinion unfavourable to the dismissal issued by the

entity that has competence in the area of equality of opportunity between men and

women.

4-[...].

Article 101.

[...]

1-[...].

2-The licences for maternity, paternity, adoption and parental leave:

a) [...];

b) [...];

c) They postpone the application of selection methods in concursal procedure, which

shall take place after the expiry of the licence.

3-[...].

121

4-The licences provided for in paragraphs 3, 4 and 5 of Article 43 and in Article 44 of the Code

suspend the rights, duties and guarantees of the parties to the extent that they presuppose the

effective provision of work, specifically remuneration.

5-The licences provided for in Articles 43 and 44 of the Code do not undermine the allocation of the

benefits of health and social action sub-systems to which the worker

be entitled.

6-[ n. 5 ].

7-The beginning of the effective exercise of functions that should occur during the period of the

licences for maternity, paternity and adoption is transferred to the term of the

same, producing the contract for indefinite time all the effects,

specifically of seniority, as of the date of publication of the respective extract.

Article 103.

[...]

1-During the licences, outlines and waivers referred to in Articles 35, 36, 38 and 41, in the para.

3 of Article 47 and in the c) of Article 49 (4) of the Code, as well as in Article 68, the

worker is entitled to a subsidy, under the social protection legislation.

2-[...].

3-[...].

Article 104.

Allowance in the event of a flawing for assistance

In the event of any shortcoming for assistance to minors and person with disabilities or chronic disease,

in accordance with Articles 40 and 42 of the Code, the employee is entitled to a subsidy in the

terms of the legislation on social protection.

122

Article 105.

Relevance for access to social protection benefits

The periods of licence provided for in Articles 43 and 44 of the Code are taken into account

for the calculation of benefits due by the welfare schemes in the event of

disability or old age.

Article 106.

[...]

During the licence provided for in Article 44 of the Code, the employee shall be entitled to a

allowance for assistance for deep-roated and chronic handicapped persons under the

legislation on social protection.

Article 107.

[...]

Maternity leave, by paternity and by adoption to which the articles are referred

35., 36 and 38 of the Code do not determine the loss of any rights, being

considered as an effective service provision for all purposes.

Article 109.

[...]

1-The waivers referred to in Article 39, Article 47 (3) and (I) c ) of paragraph 4 of the

article 49 of the Code are deemed to be effective provision of service for all

effects, except for remuneration.

2-[...].

3-[...].

4-[...].

5-[...].

123

6-[...].

7-[...].

Article 110.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-The fallout provided in this article does not determine the loss of any rights and are

considered as the effective provision of service, by giving them applicable the provisions of the n.

and 4 of Article 109 para.

Article 111.

Part-time work and time flexibility

1-The part-time and time-flexibility schemes provided for in the article

45. of the Code shall be governed by the law applicable to employees performing duties

public in the modality of appointment in respect of duration and working hours.

2-The part-time working regime and the specific times, with the necessary

flexibility and without prejudice to the fulfilment of the weekly working hours duration

referred to in Article 45 of the Code, are applied to the application of the concerned, of

form to not disturb the normal functioning of the organs or services, upon agreement

between the leader and the employee, with observance of the provided for in the law in respect of the duration

and modalities of working hours for employees performing public duties

in the modality of appointment.

124

3-Where the number of claims for the use of the time facilities is

revealing manifest and demonstrably compromising of the normal functioning of the

organs or services, are fixed, by the process provided for in the preceding paragraph, the number and the

conditions in which the submitted claims are dewound.

4-[...].

5-[...].

Article 148.

[...]

1-[...].

2-For the purposes of Art. 79 (2) of the Code, the worker shall substantiate:

a) [...];

b) In the face of the establishment of teaching, its quality of worker.

3-[...].

4-[...].

5-[...].

Article 149.

[...]

1-[...].

2-A work dispensation for frequency of classes provided for in paragraph 1 may be used from

one only time or fractionately, at the choice of the worker-student, depending on the

normal weekly working period applicable, in the following terms:

a) [...];

b) [...];

125

c) Equal to or more than thirty four hours-dispensation up to five weekly hours.

3-[...].

Article 158.

[...]

1-For the purposes of Art. 88 (1) of the Code, the contract shall contain, in addition to

referrals and the requirements set out in Article 102 (1) and 2 of the Code, or in paragraph 1

of Article 131 of the same Code, if it is to be dealt with the term resolutely, the reference

to the work visa or the title of residence permit or stay of the

worker in Portuguese territory.

2-[...].

3-A The public employer shall guard, together with the copy of the contract, the

documents proving compliance with the legal obligations regarding entry and

stay or residence of the foreign citizen in Portugal.

Article 159.

Communication of the celebration and cessation

1-For the purposes of Art. 89 (1) of the Code, before the commencement of the provision of work

on the part of the foreign worker or stateless person, the public employer shall

communicate, in writing, the conclusion of the contract to the Inspectorate General of Finance.

2-Checking the cessation of the contract, the public employer shall

communicate, in writing, that fact, within 15 days, to the Inspectorate General of Finance.

3-[ n. 4 ].

126

Article 174.

[...]

1-In the case of job occupied by contract worker hired the right term that

pass to be occupied by contract worker for indefinite time, the entity

public employer is entitled to compensate for the increase in the share of the single social rate

with a reduction, equal in percentage and period of the increase occurred in the terms of the

article 172 para.

2-A reduction referred to in the preceding paragraph shall not be cumulable with any other reduction of

share of the single social rate in charge of the public employer and relative to

worker who occupiers the same job.

Article 180.

[...]

1-From the working hour map must appear:

a) Identification of the public employer entity;

b) Headquarters and place of work;

c) Beginning and term of the period of operation of the organ or service;

d) [ f) ]

e) Mandatory and complimentary weekly rest days;

f) [ h (h) ]

g) [ points (i) ]

2-. [...].

3-Whenever work schedules include different personnel shifts, they must appear

still from the respective map:

127

a) [...];

b) [...];

c) [...];

d) [...];

4-[...].

Article 181.

AFixation of the working time map

1-[...].

2-[...].

Article 188.

[...]

1-[...].

2-The extraordinary work record shall contain the elements and be carried out of

agreement with the model approved by the holder of the member of the Government responsible for the

area of Public Administration.

3-[...].

4-[...].

Article 193.

[...]

1-A public employer may designate a doctor to carry out the verification

of the disease situation of the worker:

a) [...];

128

b) Having received the communication provided for in Article 192 (2) or, in the absence of this,

if you have not obtained referral from the doctor on the part of the social security services

in the twenty-four hours after the submission of the application provided for in paragraph 1 of the

article 191 para.

2-[...].

Article 213.

[...]

1-For the purposes of the provisions of Articles 272 to 278 of the Code, as well as in the present

chapter, is understood by:

a) [...];

b) [...].

c) Prevention -set of activities or measures adopted or provided for in all

the phases of activity of the organ or service, with a view to preventing, eliminating or

lower the professional risks.

2-Considerate of high risk:

a) Work on construction works, excavation, movement of land, tunnels, with

risks of falls in height or soaring, demolitions and intervention in

railroads and highways without traffic interruption;

b) Work in extractive industries;

c) Hyperbaric work;

d) Work involving the use or storage of significant quantities

of hazardous chemical products likely to cause serious accidents;

e) Manufacture, transport and use of explosives and pyrotechnics;

f) Work in steel industry and shipbuilding;

129

g) Work involving contact with medium and high voltage electrical currents;

h) Production and transport of compressed, liquefied or dissolved gases, or the

significant use of them;

i) Work that involves exposure to ionizing radiation;

j) Work involving exposure to carcinogens, mutagenic or

toxic for reproduction;

k) Work entailing exposure to biological agents of group 3 or 4;

l) Work that involves risk of silicosis.

Article 214.

[...]

On the promotion and evaluation, at the national level, of policy measures on safety, hygiene

and health at work must ensure consultation and participation of organizations more

representative of workers.

Article 216.

[...]

1-[...].

2-For the purposes of the provisions of the preceding paragraph, the public employer may

request the support of competent public services when it lacks the means and conditions

necessary for the realization of the training, as well as the structures of collective representation

of the employees with regard to the training of the respective representatives.

Article 219.

[...]

1-In the organization of the services of safety, hygiene and health at work, the entity

public employer may adopt, without prejudice to the provisions of the following number, one of the

following modalities:

130

a) Internal services;

b) Shared services;

c) External services.

2-Integrated activities in the operation of the services of safety, hygiene and health

in the work may still be ensured, in whole or in part, by one or more

workers assigned to the effect that have adequate training in the terms of the

article 223 and have the necessary time and means.

3-The exercise of the activities provided for in the preceding paragraph depends on authorisation

granted by the body of the ministry responsible for the relevant labour area at

matter for the prevention of safety, hygiene and health at work.

4-Workers designated in accordance with paragraph 2 shall not be prejudiced because of

of the exercise of the activities.

5-A The authorization referred to in paragraph 3 is revoked if the organ or service presents, by more than

once in a period of five years, incidence rates and severity of accidents of

work higher than the average of the respective sector.

6-In the case referred to in the preceding paragraph, the public employing entity shall adopt

another modality of organization of the safety and hygiene services at work on the deadline

of three months.

7-A The public employer may adopt different organisational modalities

in each peripheral establishment or unconcentrated organic unit.

8-[ n. 4 ].

9-[ n. 5 ].

10-A The use of shared services or external services does not exempt the entity

public employer of the responsibilities assigned to it by the legislation on

safety, hygiene and health at work.

131

Article 222.

[...]

If the modalities of shared services or external services are adopted, the

public employer entity must designate, in each peripheral establishment or

unconcentrated organic unit, a worker with appropriate training that the

represent to accompany and co-adjuvate the proper execution of the activities of

prevention.

Article 227.

[...]

For the purposes of the previous articles, the incidence and severity rates of accidents of

average sector work is ascertained by the competent department of the responsible ministry

by the labour area.

Article 228.

Shared services

Shared services work under the law.

Article 229.

[...]

1-External services are contracted by the public employers ' entities to others

entities, public or private.

2-[...].

3-A The public employer may adopt a mode of organisation of the services

external other than the modalities provided for in the preceding paragraph, provided that it is

previously authorized, pursuant to Articles 230 to 237.

132

4-The contract between the public employer and the entity that ensures the provision

of external services is concluded in writing and shall contain the following elements:

a) The complete identification of the service provider of the services;

b) The place or places of the provision of the services;

c) The dates of the beginning and the end of the activity;

d) The identification of the technician responsible for the service and, if it is a different person, of the

medical from the work;

e) The number of workers potentially covered;

f) The number of monthly staff allocation hours of the prescarting entity of

services to the public employer entity;

g) The acts excluded from the scope of the contract.

Article 238.

[...]

The organisation of internal services and shared services must meet the requirements

defined in the points b) a e) of Article 230 (3), as well as, as to resources

humans, to the provisions of articles 242 and 250.

Article 242.

[...]

1-[...].

2-A The allocation of technicians to the activities of safety and hygiene at work is

established on the following terms:

a) In organ or service with a number equal to or less than 50 employees, 1

technical;

133

b) In organ or service with a number of more than 50 workers, 2 technicians, by

each 3000 workers covered or fraction, being at least one of them

top technician.

3-[...].

Article 244.

[...]

1-A The technical responsibility of health surveillance rests with the doctor of the work.

2-In the organs or services with more than 200 employees, the technical responsibility of the

health surveillance is up to the doctor and nurse practitioner of the work.

Article 245.

[...]

1-[...].

2-Without prejudice to the provisions of special legislation, the following shall be carried out

health exams:

a) [...];

b) Regular, annual exams for workers over the age of 50 years and of

two in two years for the remaining workers;

c) [...].

3-[...].

4-[...].

5-[...].

134

Article 249.

[...]

The doctor and the nurse practitioner of the work have access to the information referred to in paragraphs 1 and 2 of the

article 243, subject to professional secrecy in accordance with paragraph 3 of the same article.

Article 250.

[...]

1-[...].

2-The doctor and the work nurse practitioner must know the material components of the

work with influence on the health of workers developing for this purpose a

activity on the organ or service, at least one hour per month for each group of 20

workers or fraction.

3-[...].

Article 253.

[...]

The public employer entity, if it does not host the opinion of the representatives of the

workers for safety, hygiene and health at work or, failing that, of their own

workers, consulted in the terms of the points and ), f) and g ) of Article 275 (3) of the

Code, must inform them of the fundamentals:

a) [...];

b) [...];

c) From the designation of the representative of the public employer who accompanies the

activity of the shared services or external services;

d) [...];

e) From recourse to shared services or to external services.

135

Article 255.

[...]

1-[...].

2-The leading officeholders and the heads of multidisciplinary teams must

cooperate, in a special way, in relation to the services under their hierarchical framework

and technician, with the services of safety, hygiene and health at work in the execution of the

measures for prevention and surveillance of health.

Article 258.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-A public employer must report to the ministry's body

responsible for the competent labour area in the prevention of safety, hygiene and

health at work and the Directorate General of Health, within 30 days of the start of the

activity of the shared services, the elements referred to in the preceding paragraph.

6-[...].

Article 259.

[...]

1-A public employer shall draw up, for each of the establishments

peripherals or unconcentrated organic units, an annual report of the activity of the

services for safety, hygiene and occupational health.

2-[...].

136

3-The report is to be submitted, in the month of April of the year following that to which

respect, the delegated health concelhio and the ministry body responsible for the

competent labour area in safety, hygiene and health in the work of the area of

localization of the peripheral establishment or unconcentrated organic unit or, if these

change localization during the year to which the report respects, from the area of the headquarters of the

public employer entity.

4-[...].

5-[...].

6-The auxiliary elements required when filling out the report are provided by the

competent department of the ministry responsible for the labour area, in electronic address

suitably advertised.

7-[...].

8-[...].

Article 268.

[...]

1-A electoral commission shall consist of:

a) [...].

b) [...].

c) Two workers chosen in accordance with the criteria set out in the points

previous, save by dealing with organ or service with fewer than 50 employees;

d) [...].

2-[...].

3-[...].

4-[...].

137

5-[...].

Article 270.

[...]

1-A public employer must deliver to the electoral commission, within

forty-eight hours after the reception of the communication identifying the President and the

secretary, the electoral notebook, proceeding the one to the immediate affixing on the organ or service,

peripheral establishment or deconsitive organic unity.

2-The electoral notebook shall contain the name of the workers of the organ or service and, being

case of this, identified by peripheral establishment or organic unit

de-focussed, at the date of the marking of the electoral act.

Article 272.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-The lists shall be affixed immediately, in appropriate places, in the organ or service,

peripheral establishment and unconcentrated organic unity.

Article 274.

[...]

1-In each peripheral establishment or organic unit devoluted with a

minimum of 10 workers must exist at least one voting section.

138

2-[...].

3-[...].

Article 275.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-In the peripheral establishments or organic units devolved, the act

election takes place in all of them on the same day, time and on the same terms.

7-When, due to the work per shift or other reasons, it is not possible to respect the

provisions of the preceding paragraph shall be simultaneous to the opening of the ballot box for the

respective clearance in all peripheral establishments or organic units

deconfocussed.

8-[...].

Article 282.

[...]

1-[...].

139

2-The dismissal of worker candidate to the representative of the workers for the

safety, hygiene and health at work, as well as of what exercise or there is exercised those

functions less than three years ago, presumed to be done without just cause or justification.

3-In the case of representative of workers for safety, hygiene and health in the

work to be fired and have been interposed cautionary providence of suspension of effectiveness

of the act of dismissal, this is not enacted only if the court concludes by the existence of

serious probability of verification of the just cause or of the justifiable reason invoked.

4-Administrative actions that have the object disputes relating to the dismissal of

representatives of workers for safety, hygiene and health at work have

urgent nature.

5-Without prejudice to the provisions of the following number, there is no fair cause or reason

justification, the fired worker has the right to opt between the reintegration into the organ

or service and an indemnity calculated in accordance with the terms set out in Article 439 (1) or

established in instrument of collective labour regulation, and never lower than

base remuneration corresponding to six months.

6-In the case of dismissal decided in disciplinary procedure, the compensation in

replacement of the reintegration referred to in the preceding paragraph is calculated in the terms

provided for in the Disciplinary Status of Workers Performing Public Duties.

Article 283.

Protection in the event of a change of workplace

Workers ' representatives for safety, hygiene and health at work no

can be changed from workplace without your agreement, save when the change of

place of work result from the change of premises of the organ or service or course of

legal standards applicable to all personnel.

140

Article 288.

Information and consultation duties

The public employer entity is obliged to provide information and to hold consultations,

in the terms of the law.

Article 289.

Justification and control

1-A non-provision of information or the non-fulfilment of consultations referred to in the

previous article must be justified in writing, on the basis of legal criteria

objectively aferable.

2-A refusal to provide information or to conduct consultations may be the subject of

of administrative and jurisdictional appreciation, pursuant to the law on access to information

administrative and of the Code of Procedure in the Administrative Courts.

Article 329.

[...]

1-[...].

2-Statutes may provide for the existence of subcommittees of workers in organs

or services with peripheral establishments or unconcentrated organic units.

Article 332.

[...]

1-A public employer must hand over the election notebook to workers

proceeding to the convening of the vote on the statute, within forty-eight hours

upon receipt of the copy of the convocation, proceeding these to their immediate affixing on the

organ or service, peripheral establishment or unconcentrated organic unit.

141

2-The electoral notebook shall contain the name of the workers of the organ or service and, being

case, grouped by peripheral establishments or organic units

devolved, at the date of the convening of the vote.

Article 333.

[...]

1-In each peripheral establishment or organic unit devoluted with a

minimum of 10 workers there must be at least one voting section.

2-[...].

3-[...].

4-[...].

Article 334.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-In the peripheral establishments or unconcentrated organic units, the vote

takes place in all of them on the same day, time and on the same terms.

7-When, due to the work per shift or other reasons, it is not possible to respect the

provisions of the preceding paragraph, the opening of the ballot boxes for the respective clearance

must be concurrent in all peripheral establishments or organic units

deconfocussed.

142

Article 340.

[...]

1-The members of the committee of workers and of the subcommittees of workers are

elected, from among the lists submitted by the employees of the respective body or service,

peripheral establishment or unconcentrated organic unity, by direct and secret vote,

and under the principle of proportional representation.

2-[...].

3-You can only run for the lists that are subscribed by, at a minimum, 100 or 20% of the

employees of the organ or service or, in the case of lists of submissions of workers,

10% of workers in the peripheral establishment or unconcentrated organic unit,

you may not be able to subscribe to or be part of more than one list

competitor to the same structure.

4-[...].

5-[...].

Article 342.

[...]

The committee of workers and the subcommittees of workers can only start the

respective activities after the publication of the statutes of the first and the results of the

election in the 2 th Series of the Journal of the Republic .

Article 349.

[...]

The coordinating committee can only start the respective activities after the publication

of its statutes and the results of the election in the 2 th Series of the Journal of the Republic .

143

Article 350.

[...]

1-A The electoral commission referred to in Article 336 (1) shall, within 15 days of the

of the date of the clearance, apply for the ministry responsible for the area of the Administration

Public the registration of the constitution of the commission of workers and the approval of the

statutes or their amendments, by bringing together the approved or amended statutes, as well as

certified copies of the minutes of the electoral commission and the polling stations, accompanied by the

voter registration documents.

2-A Electoral commission referred to in Article 340 (2) or 5 shall, within 15 days of

count of the date of the clearance, apply for the ministry responsible for the area of the

Public Administration the registration of the election of the members of the committee of workers and

of the subcommittees of workers, by joining certified copies of the competing lists,

as well as from the minutes of the electoral commission and the polling stations, accompanied by the

voter registration documents.

3-The commissions of workers who participated in the constitution of the committee

coordinator must, within 15 days, apply for the ministry responsible for the area of the

Public Administration, the registration of the constitution of the coordinating committee and the approval

of the bylaws or of their amendments, by joining the approved or amended statutes, well

as certified copies of the minutes of the meeting in which the commission and the committee was constituted

voter registration document.

4-The commissions of workers who took part in the election of the coordinating committee

must, within 15 days, apply for the ministry responsible for the area of the Administration

Public, the registration of the election of the members of the coordinating committee, by joining copies

certified from the competing lists, as well as from the minutes of the meeting and the document of

registration of the voting voters.

144

5-The ministry responsible for the area of Public Administration records, within 10

days:

a) [...];

b) [...].

Article 351.

[...]

The ministry responsible for the area of Public Administration proceeds to the publication in the 2 th

Series of the Journal of the Republic :

a) [...];

b) [...].

Article 352.

[...]

1-After the registration of the constitution of the commission of workers and the approval of the

statutes or of their amendments, the ministry responsible for the area of the Administration

Public refers, within the period of eight days from the publication, certified copies of the

minutes of the electoral commission and polling stations, of the voter registration documents,

of the approved or amended statutes and the application for registration, as well as the assessment

grounded on the legality of the constitution of the committee of workers and of the

statutes or amendments thereof, to the magistrate of the Public Prosecutor's Office of the area of the seat of the

respective organ or service.

2-[...].

Article 354.

[...]

1-Constitutions rights of the committee of workers, namely:

145

a) [...];

b) [...];

c) Participate in the procedures for employees in the framework of proceedings

of reorganization of organs or services;

d) [...].

2-The subcommittees of workers can:

a) Exercising the rights provided for in points (a), (b) and (c) of the preceding paragraph, which

are delegated by the committees of workers;

b) [...];

c) Making the connection between the workers of the peripheral establishments or units

unconcentrated organic and the respective commissions of workers, staying

linked to the general orientation by these established.

3-[...].

Article 355.

[...]

1-[...].

2-[...].

3-The provisions of the preceding paragraphs shall also apply to the subcommittees of

workers in relation to the leaders of the respective peripheral establishments or

devolved organic units.

146

Article 356.

[...]

The right to information covers the following subjects:

a) Plan and report of activities;

b) Budget;

c) Management of human resources, depending on the personnel maps;

d) Accountability, including balance sheet, management accounts, and management reports;

e) Projects for reorganization of the organ or service.

Article 358.

[...]

1-Members of the committees and subcommittees shall require, in writing,

respectively, to the maximum governing body or body of the organ or service or to the

leader of the peripheral establishment or of the organic unit devolves the

elements of information relating to the subjects referred to in the preceding Articles.

2-[...].

3-[...].

Article 361.

[...]

1-Management control may not be exercised in relation to the following activities:

a) National defence;

b) External representation of the State;

c) Safety information;

147

d) Criminal investigation;

e) Public safety, either in free or in an institutional medium;

f) Inspection.

2-Excludes also from the management control the activities involving, by way of

direct or delegated, competences of the organs of sovereignty, as well as of the assemblies

regional and regional governments.

Article 396.

[...]

This section regulates Article 497 (3) of the Code.

Article 397.

[...]

1-For the purposes of Art. 497 (2) of the Code, meetings may be convened:

a) By the trade union commission or by the interunion committee;

b) Exceptionally, by the trade union associations or the respective delegates.

2-It is solely up to the trade union associations to recognize the existence of the circumstances

exceptional that justify the realization of the meeting.

Article 398.

[...]

1-The promoters of the meetings shall communicate to the public employer entity, with the

minimum in advance of twenty-four hours, the date, time, predictable number of

participants and venue in which they want them to take place, and they should affix their respective

convocatory.

2-[...].

148

3-Upon receipt of the communication referred to in paragraph 1 and, where appropriate, of the proposal

provided for in the preceding paragraph, the public employer shall put at the disposal of the

promoters of the meetings, provided that these the rewant and the physical conditions of the premises

o allow, a place appropriate to the realization of the same, taking into account the elements of the

communication and proposal, as well as the need to respect the provisions of the final part

of Article 497 (1) and (2) of the Code.

4-[...].

Article 400.

[...]

1-Without prejudice to the provisions of instrument of collective labour regulations, the

maximum number of members of the board of the trade union association benefiting from the credit

of hours is determined as follows:

a) Trade union memberships with a number equal to or less than 200 associates-1

member;

b) Trade union memberships with more than 200 associates-1 member per each 200

associated or fraction, up to the maximum limit of 50 members.

2-In the trade union associations whose internal organisation understands steering structures

of regional or district base benefit still from the credit of hours, in one of the following

solutions:

a) In the regional base structures, up to the maximum limit of seven-1 member per each

200 associates or fraction corresponding to at least 100 associates, up to the

maximum limit of 20 members of the direction of each structure;

b) In the district base structures, up to the maximum limit of 18-1 member per each

200 associates or fraction corresponding to at least 100 associates, up to the

maximum limit of 7 members of the direction of each structure.

149

3-Of the conjugated application of paragraphs 1 and 2 shall correct the result in such a way that it does not

if you check a number of less than 1.5 of the result of the application of the provisions of paragraph (b) of the

n. 1, considering, for the purpose, that the ceiling referred to therein is 100 members.

4-When union associations understand district structures on the continent and

structures in the autonomous regions shall apply to the provisions of the b) of paragraph 2 and the provisions thereof

in the paragraph a) from the same number to the maximum limit of 2 structures.

5-In alternative to the provisions of the preceding paragraphs, without prejudice to the provisions of

instrument for collective work regulation, the maximum number of members of the

direction of trade union associations representing workers from local authorities who

benefit from the credit of hours is determined as follows:

a) Municipality in which they perform duties between 25 and 50 unionized workers-1

member;

b) Municipality in which they perform duties 50 a to 99 unionized workers-2

members;

c) Municipality in which they perform duties 100 a to 199 unionized workers-3

members;

d) Municipality in which they perform duties 200 a to 499 unionized workers-4

members;

e) Municipality in which they perform duties 500 a to 999 unionized workers-6

members;

f) Municipality in which they perform duties 1000 a to 1999 unionized workers-7

members;

g) Municipality in which they perform duties 2000 a to 4999 unionized workers-8

members;

150

h) Municipality in which they perform duties 5000 a to 9999 unionized workers-10

members;

i) Municipality in which they perform duties 10000 or more unionized workers-

12 members.

6-For the performance of their duties, each member of the management benefits, in the terms of the

previous numbers, of the credit of hours corresponding to four days of work per month,

which you can use in half-day periods, while maintaining the right to remuneration.

7-A trade union association shall communicate the identification of the members benefiting from the

hours credit to the Directorate General of Administration and Public Employment and the body or

service in which they perform duties, until January 15 of each calendar year and in the 15 days

subsequent to any change in the composition of the respective direction, unless

specificity of the activity cycle justifying diverse calendar.

8-A The trade union association shall communicate to the organs or services where they carry out duties

members of the board referred to in the previous figures the dates and the number of days of which

the same need for the exercise of their respective functions with a day of

in advance or, in the event of impossibility, in one of the two immediate working days.

9-The predicted in the preceding paragraphs is without prejudice to the possibility of the direction of the

trade union association assign office hours credits to other members of the same, yet

belonging to different services, and regardless of whether these integrate into the

Direct or indirect administration of the State, in the regional Administration, in the

Municipal administration or in another public collective person, provided that, in each year

civil, do not exceed the overall amount of the credit hours allocated under the terms of the n.

a 3 and communicate such a fact to the Directorate General of the Administration and Public Employment and to the

organ or service in which they perform functions at the minimum 15 days ' notice.

10-Members of the direction of federation, union or confederation do not benefit from

hours credit, applying to them the provisions of the following number.

151

11-Members of the direction of federation, union or confederation may celebrate

ceding agreements of public interest for the exercise of union functions in those

structures of collective representation, the respective remunerations being secured by the

public employer transferor to the following maximum number of members of the

direction:

a) 4 members, in the case of union confederations representing at least 5%

of the universe of workers performing public functions;

b) 2 members per 10,000 associates or corresponding fraction, at least the

5,000 associates, up to the maximum limit of 10 members;

c) 1 member when dealing with a district or regional union and represent

at least 5% of the universe of employees who perform duties in the respective

area.

12-For the purposes set out in the paragraph b) from the previous number, must meet the number

of workers affiliated with the associations that are part of those structures of

collective representation of workers.

13-A Directorate-General for Administration and Public Employment, as well as entity in

that this one on the grounds of the specificity of the careers deletions this function, keeps up to date

mechanisms for monitoring and control of the system of credits provided for in the numbers

previous.

Article 402.

[...]

1-The members of the management referred to in Article 400 (4) and (7) whose identification is

communicated to the Directorate General of the Administration and Public Employment and the body or

service in which they perform functions, pursuant to paragraph 5 and 7 of the same article, in addition to the

credit of hours, still enjoy the right to justified falters, which count for all the

legal effects as effective service, save as to remuneration.

152

2-The remaining members of the board shall enjoy the right to falters justified up to the limit

of 33 lines per year, which count for all legal effects as effective service, save

as for remuneration.

Article 403.

[...]

1-When the falles determined by the exercise of trade union activity, provided for in the article

previous, extend beyond one month applies to the contract suspension scheme

by fact concerning the worker.

2-The provisions of the preceding paragraph shall not apply to the members of the management whose absence

in the workplace, in addition to one month, be determined by the cumulation of the credit of

hours.

Article 408.

[...]

1-For the purposes of Art. 569 (4) of the Code, the Directorate General of the Administration and

of the Public Employment communicates to the parties the choice by draw of the missing referee or, in

his replacement, the appointment of the referee by the faltering party.

2-[...].

Article 409.

[...]

For the purposes of Art. 569 (4) of the Code, the arbitrators indicated shall communicate the choice

of the third arbitrator to the Directorate General of the Administration and Public Employment and the Parties,

within the period of twenty-four hours.

153

Articles 410 para.

[...]

1-For the purposes of paragraphs 4, 5 and 6 of Article 569 of the Code, each of the lists of arbitrators

of workers, public employer entities and chairpersons is ordered

alphabetically.

2-[...].

3-A Directorate-General for Administration and Public Employment notifies representatives

of the working party and the public employer entities of the day and time of the draw, with

the minimum advance of twenty-four hours.

4-If one or both of the representatives are not present, the Directorate General of

Administration and Public Employment designates employees of the directorate-general, in equal

number, to be present in the draw.

5-A The Directorate-General for Administration and Public Employment prepares the minutes of the draw,

which must be signed by the gifts and communicated immediately to the parties.

6-A The Directorate General of Administration and Public Employment immediately communicates the

result of the draw of the arbitrators constituting the arbitral tribunal, the alternates and the

parts that have not been represented in the draw.

Article 412.

[...]

1-For the purposes of Article 570 of the Code, the arbitrators who are part of the lists of arbitrators

must sign, before the President of the Economic and Social Council, a term of

acceptance.

2-After the signing of the terms of acceptance, the lists of arbitrators are communicated to the

Directorate-General for Administration and Public Employment and published in the 2 th Series of the Journal

of the Republic .

154

Article 412-The

[...]

1-The arbitral tribunal is declared constituted by the arbitrator chair after it is concluded

the procedure for the appointment of the arbitrators under Article 569 and, being the case, of the article

570. of the Code, and after the signature by each of them of the acceptance term.

2-After the acceptance provided for in the preceding paragraph, the arbitrators may not refuse the

exercise of their duties, save by dealing with resignation upon statement addressed to the

chairman of the Economic and Social Council, producing the resignation effects 30 days after the

statement.

3-If the period referred to in the preceding paragraph ends in the course of an arbitration, the

resignation of the arbitrator who in it participates only produces effects from the term of it.

Article 414.

[...]

1-Any arbitrator shall be replaced on the respective list in the event of death, resignation or

permanent disability.

2-[...].

Article 415.

[...]

The arbitrators who have intervenes in an arbitration procedure shall be prevented, in the two

years subsequent to their term, to be members of the management or to provide activity to the

trade union association part in that process or of performing duties in employer

public that has an interest in the arbitration process.

155

Article 416.

[...]

The violation of the provisions of the preceding paragraph shall determine the immediate replacement of the arbitrator in the

composition of the arbitral tribunal and, where appropriate, on the respective list, as well as the

impossibility of integrating arbitral tribunal or any list of arbitrators for five years

and the return of the fees received.

Article 432.

[...]

1-The arbitral tribunal may appoint an expert.

2-[ n. 3 ].

Article 434.

[...]

The arbitral tribunal may apply to the Directorate General of Administration and Employment

Public, to the remaining bodies and services and to the parties to the necessary information that

have them.

Article 435.

[...]

The Directorate General of Administration and Public Employment ensures administrative support

to the operation of the arbitral tribunal.

Article 436.

[...]

1-A arbitration takes place in place indicated by the President of the Economic Council and

Social, only being permitted the use of premises of any of the parties in the case of

these and the arbitrators are in agreement.

156

2-Compete to the ministry responsible for the area of Public Administration a

provision of facilities for the realization of the arbitration whenever it occurs

unavailability of the facilities indicated by the President of the Economic Council and

Social.

Article 437.

[...]

The fees of the arbitrators and experts shall be fixed by porterie of the Member of the Government

responsible for the area of Public Administration, preceded by hearing of the confederations

trade union with a seat on the Standing Committee on Social Concertation.

Article 438.

[...]

1-The charges resulting from the recourse to arbitration are borne by the Budget of the

State, through the Directorate General of Administration and Public Employment.

2-Constitutions charges of the process:

a) The fees, travel expenses and the stay of the arbitrators;

b) The fees, travel expenses and stay of the experts.

3-The provisions of the preceding paragraphs and in Article 437 shall apply with due

adaptations, to conciliation procedures, mediation and voluntary arbitration whenever the

conciliator, the mediator or the chair umpire shall be chosen from among the list of arbitrators

presidents provided for in Article 570 of the Labour Code.

Article 439.

[...]

This Chapter regulates the Article 599 (3) of the Code.

157

Article 441.

Constitution of the arbitral college

1-No 4 day after the advance notice of strike the member of the Government responsible for the

area of the Public Administration declares constituted the arbitral college under the terms of paragraph 3 of the

Article 599 of the Code, of such notifying the parties and the arbitrators.

2-For the eventual constitution of the arbitral college provided for in the preceding paragraph, each

of the lists of workers ' referees, public employer entities and presidents

is ordered alphabetically.

3-The draw of the actual arbiter and the alternator shall be made through so many balls

numbered how many arbitrators who are not lawfully imprinted in the concrete case,

corresponding to each number the name of a referee.

4-A Directorate-General for Administration and Public Employment notifies representatives

of the working party and the public employer entities of the day and time of the draw, with

the minimum advance of twenty-four hours.

5-If one or both of the representatives are not present, the Directorate General of

Administration and Public Employment designates employees of the directorate-general, in equal

number, to be present in the draw.

6-A The Directorate-General for Administration and Public Employment prepares the minutes of the draw,

which must be signed by the gifts and communicated immediately to the parties.

7-A The Directorate General of Administration and Public Employment immediately communicates the

result of the draw of the arbitrators constituting the arbitral tribunal, the alternates and the

parts that have not been represented in the draw.

158

Article 442.

[...]

1-Being a case of this, the parties and the arbitrators shall submit immediately after the

communication provided for in the previous article the application for impediment and the request for

escusa, respectively.

2-A The decision of the application and the application provided for in the preceding paragraph shall compete with the

chair of the Economic and Social Council.

Article 447.

[...]

1-A notification of the decision is made up to forty-eight hours before the start of the

period of the strike.

2-In the event that the prior notice is of five business days, the notification of the decision is made

up to twenty four hours before the start of the strike period.

Article 448.

Designation of workers

In the situation referred to in paragraph 2 of the previous article, the representatives of the employees to which

refers to Article 593 of the Code must designate the workers who become adstry to the

provision of the minimum services up to twelve hours prior to the start of the strike period and, if

do not do so, it should the public employer carry out that designation.

Article 495.

Composition

The Commission for Equality in Work and Employment has the following composition:

a) Two representatives of the ministry responsible for the labour area, one of which

preside;

159

b) A representative of the Minister responsible for the area of Public Administration;

c) A representative of the minister responsible for the area of the local administration;

d) A representative of the Commission for Citizenship and Gender Equality;

e) Two representatives of the trade union associations;

f) Two representatives of the employers ' associations.

Article 8.

Addition to the Regulation of the Labour Code

In the application of the Regulation of the Labour Code, Articles 101-A-A,

106 .º-A. and 395.-A to 395.-F, with the following:

" Article 101.

Meal allowance

1-The right to the meal allowance is kept in all the situations provided for in the articles

35, 36, 38, 39 and 41, in Article 47 (3) and (3) c ) of Article 49 (4) of the

Code.

2-The right referred to in the preceding paragraph remains, still, in the first 15 days, or

equivalent period, of parental leave enjoyed by the parent, as long as they are immediately

subsequent to leave by maternity or paternity leave.

3-The flawings referred to in Articles 40 and 42 of the Code imply the loss of the allowance of

meal.

Article 106-The

Special scheme applicable to appointed employees

The provisions of this Section shall apply only to the employees who exercise

public functions in the modality of appointment.

160

Article 395-The

Scope

This section regulates Article 486 of the Code.

Article 395-B

Participation in electoral processes

1-For the realization of constituent assemblies of trade union associations or for the purposes of

amendment of the statutes or election of the managers ' bodies, the workers shall enjoy the

following rights:

a) Dispensation of service for members of the general election and committee meeting

election scrubbers, up to the limit of seven members, for the maximum period of 10

working days, with possibility of use of means days;

b) Service dispensation for the actual and supple elements that integrate the lists

applicants for the maximum period of six working days, with possibility of use

of means days;

c) Service dispensation for the members of the table, up to the limit of three or up to the limit

of the number of competing lists, if the number of these is greater than three, by

period not longer than one day;

d) Dispensation of service to employees with the right to vote, for the time required

for the exercise of the respective right;

e) Dispensation of service to employees participating in activities of

oversight of the electoral act during the voting period and counting of votes.

2-A request from the trade union associations or the promoter committees of the respective

constitution, the installation and operation of polling stations at the places of

work during the hours of service.

161

3-The service waivers provided for in paragraph 1 shall not be charged in other credits provided for

in the law.

4-The service waivers provided for in paragraph 1 are equated with effective service, for all

the legal effects.

5-The exercise of rights provided for in this Article shall only be prevented with

grounds, express and in writing, in serious injury to the realization of the interest

public.

Article 395-C

Formalities

1-A communication for the installation and operation of the polling stations shall be, by

idoidal and safe means, presented to the maximum officer of the organ or service with

in advance not less than 10 days, and of it must appear:

a) The identification of the electoral act;

b) The indication of the intended location;

c) The identification of the members of the table or substitutes;

d) The period of operation.

2-A The installation and operation of the polling stations consider themselves to be allowed if in the

three days immediate to the submission of the communication is not delivered dispatch at

contrary and notified to the trade union association or promoter commission.

Article 395-D

Voting

1-A The vote runs within the normal period of operation of the organ or service.

2-The functioning of the tables shall not impair the normal functioning of the organs

and services.

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Article 395-And

Voting in different location

Employees who should vote in place other than the one in which they exercise functions only

in it may remain for the time indispensable to the exercise of your right to vote.

Article 395-F

Extension

In the case of statutorily planned or other election consultations concerning

collective interests of workers, specifically congresses or others of the same

nature, facilities may be granted to employees, in terms to be defined, in case of

case, by dispatch of the member of the Government responsible for the area of the Administration

Public. "

Article 9.

Provisions of the Regulation of the Labour Code not applicable

The following provisions of the Labour Code Regulation shall not apply:

a) Articles 1 to 10;

b) Articles 11 to 13;

c) Articles 14 to 26;

d) Article 30 (2);

e) Articles 108, 112 and 113;

f) Articles 114 to 146;

g) Article 147 (2);

h) Articles 160 to 170;

i) Articles 175 and 176;

163

j) Articles 177 and 178;

l) Articles 207 to 210;

m) Article 212;

n) Article 218 (2), Article 221, paragraph 3 and 4 of Article 224, Articles 225, 226,

246. and 287.

o) Articles 290 and 291;

p) Articles 292 to 299;

q) Articles 300 to 315;

r) Articles 316 to 326;

s) Points. d ), g) , i ) and j) of Article 357 (1);

t) Article 362;

u) Articles 363 and 364;

v) Articles 365 to 395;

x) Articles 404 and 405;

z) Article 407;

aa) Article 440;

bb) Articles 450 and 451;

cc) Articles 452 to 457;

dd) Articles 458 to 464;

ee) Articles 465 to 468;

ff) Articles 469 to 491;

gg) Articles 492 and 493.

164

Article 10.

Adaptation of the systematic organization of the Labour Code Regulation

In the application of the Labour Code Regulation the following adaptations are made to the

your systematic organization:

a) Chapters I, II and III are eliminated;

b) Section VI of Chapter VI includes Article 101;

c) Section VII of Chapter VI is called "Social Protection";

d) Section VIII of Chapter VI shall be named "Appointed Workers" and includes the

article 106-The;

e) Subsection II of section VIII of Chapter VI shall be called " Working Regime

special ";

f) Chapters VII and VIII are eliminated;

g) Chapter XI is eliminated;

h) Chapters XIII and XIV are eliminated;

i) The XVII Chapter is called "Register of the extraordinary work";

j) Chapter XXI is eliminated;

l) Division III of subsection II of section III of Chapter XXII shall be named " Services

shared ";

m) Subsection V of section IV of Chapter XXII shall be named " Information and

query ";

n) Chapters XXIII, XXIV, XXV and XXVI are eliminated;

165

o) Section V of Chapter XXVIII is deleted;

p) Chapter XXIX is eliminated;

q) Chapter XXX is called "Exercise of trade union activity";

r) They are set up in chapter XXX two sections, section I, called " Acts

electoral ", which integrates Articles 395-to 395.-F, and section II, named

"Employee meetings", which integrates articles 396 to 398;

s) Chapter XXXII is eliminated;

t) Chapter XXXIII denominates "Arbitration required";

u) Section II of Chapter XXXIII is removed;

v) The chapters XXXV, XXXVI, XXXVII, XXXVIII and XXXIX are eliminated;

x) Section I of the XL chapter is removed.

Article 11.

Termination of the commission of service

1-A The infringement of the provisions of Articles 129 and 139 of the Code may constitute cause of

judicial removal of the leaders responsible for the celebration and, or, renewal of the contract

the term.

2-The inspection services, when the existence of the offence referred to in the

previous number, comply with the trames provided for in Article 15 of the Decree-Law

n. º267/2007, of July 31.

166

Article 12.

Scope of objective

1-The scope of objective application of the RCTFP is what is defined in Article 3.

of Law No. 12-A/2008 of February 27, with the specialities set out in the numbers

following.

2-A issue of extension regulations to workers represented by associations

regional trade union and regional public employer entities is from the

competence of the respective Autonomous Region.

3-Autonomous Regions may establish, in accordance with their traditions, others

holidays, in addition to those fixed in the Code, as long as they correspond to uses and practices already

enshrined.

Article 13.

Duration of fixed-term contracts for the implementation of research projects and

development

1-In the fixed-term contracts for the implementation of research projects and

development referred to in Article 122 of Law No 62/2007 of September 10, the

term stipulated shall correspond to the foreseeable duration of the projects, and may not

exceed six years.

2-The contracts referred to in the preceding paragraph may be renewed a single time,

per period equal to or less than initially contracted, provided that the maximum duration of the

contract, including renewal, does not exceed six years.

3-The contracts for the duration of more than three years are subject to authorization by the members

of the Government responsible for the areas of finance and the Public Administration and guardian:

a) At the time of the conclusion of the contract, when the period initially contracted

be more than three years; or

167

b) At the time of the renewal of the contract, when the duration of the same, including the

renewal, be more than three years.

Article 14.

Duration and organisation of the working time of the staff of health careers

The scheme for the duration and organisation of the working time applicable to career personnel

of health is the one established in the respective legal diplomas.

Article 15.

Application of the status of the official staff to contract workers

1-The status of the official staff of the departments and bodies of the central administration,

regional and local state, approved by Law No. 2/2004 of January 15, is applicable, with

the necessary adaptations, to workers performing public functions in the modality

of contract.

2-Service commissions exercised under Articles 244 to 248 of the Code of the

Work remains until the end of the respective deadline or until the revision of the status referred to

in the previous number.

Article 16.

Application of Law No 23/2004 of June 22

1-In the event of organ or service reorganization, observed procedures

in Article 10 of Decree-Law No 200/2006 of October 25 and in Law No. 53/2006 of 7

of December, when it is the case, it applies exceptionally to the statuary in Articles 16 to

18. of Law No. 23/2004 of June 22, without prejudice to the provisions of Article 33 of the Law No

12-A/2008, of February 27.

2-A The rationalization of herds takes place, upon proposal of the maximum leader of the

service, by joint dispatch of the members of the Government of guardian and responsible for the

areas of finance and Public Administration.

168

Article 17.

Provisions applicable to employees performing public duties in the

modality of appointment

Without prejudice to the provisions of special law, they shall apply to the employees who exercise

public functions in the modality of appointment, with the necessary adaptations, 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 the 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 parenthood;

e) Articles 79 to 85 of the Code and articles 147 to 156 of the Regulation, on

status of the worker-studant;

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 to 470 of the Code and articles 327 to 361 of the Regulation, on

constitution of commission of workers;

h) Articles 475 to 505 of the Code and Articles 395-to 403 of the Regulation, on

sindical freedom;

i) Articles 591 to 606 of the Code, on the right to strike.

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Article 18.

Amendment to Decree-Law No 503/99 of November 20

1-Are amended Articles 1 and 2 of the Decree-Law No. 503/99 of November 20, which

shall be replaced by the following:

" Article 1.

[...]

The present decree-law establishes the legal regime for accidents at work and diseases

professionals occurring in the service of public employer entities.

Article 2.

[...]

1-The provisions of this decree-law shall apply to all employees who exercise

public functions, in the modalities of appointment or contract of work in office

public, in the services of the direct and indirect administration of the State.

2-The provisions of this decree-law shall also apply to workers who exercise

public functions in the services of regional and municipal administrations and in the organs and

support services of the President of the Republic, the Assembly of the Republic, the courts and

of the Public Prosecutor's Office and the respective governing bodies and other independent bodies.

3-The provisions of this decree-law is still applicable to the members of the offices of

support either from the members of the Government or from the holders of the bodies referred to in the number

previous.

4-To employees who exercise roles in business public entities or in

other entities not covered by the provisions of the preceding paragraphs shall apply to the scheme

of accidents at work provided for in the Labour Code, and the respective entities

employers shifting responsibility for the repair of the emerging damage from

accidents at work in the terms provided for in that Code.

170

5-The provisions of the preceding paragraphs shall be without prejudice to the application of the protection regime

social in the eventuality of occupational disease to employees enrolled in the institutions

of social security. "

6-Legal references made to accidents in service consider themselves to be made to accidents of

work.

Article 19.

Amendment to the Status of Administrative and Fiscal Courts

It is amended Article 4 of the Statute of the Administrative and Fiscal Courts, approved by the

Law No. 13/2002 of February 19, which is replaced by the following:

" Article 4.

[...]

1-[...].

2-[...].

3-Ficam also excluded from the scope of administrative and tax jurisdiction:

a) [...];

b) [...];

c) [...];

d) The appreciation of emerging litigation of individual labor contracts, albeit

one of the parties is a legal person of public law, with the exception of

emerging litigation of employment contracts in public functions. "

171

Article 20.

Amendment to the Code of Procedure in the Administrative Courts

Articles 180 and 187 of the Code of Procedure are amended in the Courts

Administrative, approved by Law No. 15/2002 of February 22, which go on to

following wording:

" Artigo180.

[...]

1-Without prejudice to the provisions of special law, arbitral tribunal may be constituted for the

trial of:

a) [...];

b) [...];

c) [...];

d) Emerging disputes of public employment legal relationships, when they are not

in cause rights unavailable and when they do not result from an accident of work or

of occupational disease.

2-[...].

Article 187.

[...]

1-The State may, in accordance with the law, authorize the installation of arbitration centres

permanent intended for the composition of disputes in the context of the following subjects:

a) [...].

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b) [...].

c) Legal relations of public employment;

d) [...];

e) [...].

2-[...].

3-[...]. "

Article 21.

Amendment to the Code of Public Procurement

It is amended Article 4 of the Code of Public Procurement, approved by the Decree-Law No

18/2008 of January 29, which is replaced by the following:

" Article 4.

[...]

1-[...].

2-This Code shall not also apply to the following contracts:

a) Contracts for work in public functions and individual employment contracts;

b) [...];

c) [...];

d) [...]. "

173

Article 22.

Addition to the Decree-Law No. 100/99, of March 31

It is added to the Decree-Law No. 100/99 of March 31, Article 101, with the following

wording:

" Article 101.

Special license for performance of duties in trade union membership

1-A The application of the trade union association concerned, and for it to provide service, may be

granted unpaid leave to an appointed worker who counts more than three years of

seniority in the exercise of public functions.

2-The requirement provided in the preceding paragraph is instructed with express statement of the

worker manifesting their agreement.

3-A The permit provided for in paragraph 1 has the duration of one year and is successively and tacitly

renewable. "

Article 23.

Contracts the right resolute term in execution

1-To contracts the right term in execution at the date of the entry into force of this Law

whose initial term is more than two years or which, having been the subject of renewal,

have a duration of more than two years, the constant scheme of the figures applies

following.

2-Elapsed the period of three years or verified the maximum number of renovations to which

it refers to Article 139 of the Code, the contract may, however, be the subject of further

renewal as long as the respective duration is not less than one or more than three years.

174

3-A renewal provided for in the preceding paragraph shall be the subject of special reasons and

depends on permission from the members of the Government responsible for the areas of finance and

of the Public Administration.

4-In the situations provided for in points f ), h) and i) of Article 129 (1) of the Code, the

renewal provided for in paragraph 2, when it implies that the duration of the contract is higher than

Five years, amounts to recognition by the public employer of necessity

of occupation of a job with recourse to the constitution of a legal relationship

of public employment for indefinite time, determining:

a) The change of the personnel map of the organ or service, in order to predict that

job posting;

b) The immediate advertised procedure for concursal procedure for recruitment of

employees with a public employment legal relationship for indefinite time;

5-The concursal procedure for recruitment of workers with legal relationship of

public employment by time determined or determinable or without legal relation of

public employment previously established depends on the assent of the members of the

Government responsible for finance and the Public Administration, in the forecast terms

in Article 6 (6) of the Law No 12-A/2008 of February 27.

Article 24.

Current conventions

It shall apply to the instruments of collective bargaining work of the current negotiable work

provisions of Article 557 of the Code.

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Article 25.

Remissions

The remissions of standards contained in legal or regulatory diplomas for legislation

repealed by effect of Article 27 consider themselves to be made for the corresponding provisions

of the RCTFP.

Article 26.

Transition between modalities of public employment legal relation

1-The provisions of Chapter IX of Title II of the Code, on termination of the contract, no

are applicable to the current appointed workers definitively that, pursuant to paragraph 4

of Article 88 of Law No. 12-A/2008 of February 27, should transit to the modality

of contract for indefinite time.

2-Without prejudice to the provisions of Article 109 of the Law No 12-A/2008 of February 27, the

transition of workers who, under that diploma, should operate,

in particular of the modalities of appointment and individual contract of work, for the

contract modality of work in public functions is done without dependence on

any formalities, considering that the documents supporting the relationship

legal previously constituted are title enough to sustain the legal relationship of

public employment constituted by contract.

3-It is compulsorily concluded in written contract, pursuant to Article 102 of the Code,

when any change in the jurydicate-functional situation of the worker occurs.

4-The provisions of paragraph 2 shall apply, with the necessary adaptations, to the transition of the

workers who should operate for the modality of appointment.

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Article 27.

Abrogation standard

With the entry into force of the RCTFP the following diplomas and provisions are revoked:

a) Article 1 (3) of Law No 23/98 of May 26;

b) The Decree-Law No 84/99 of March 19;

c) The Decree-Law No 488/99 of November 17;

d) Article 5 of Law No 99/2003 of August 27;

e) Article 1 (2) and Article 452 (3) of the Law No 35/2004 of July 29;

f) Law No. 23/2004 of June 22, with the exception of its articles 16, 17 and 18.

Article 28.

Publication

1-The texts of the Labour Code and of the respective Regulation, with the wording,

systematic organization and the grammatical and vocabular corrections that result from the

adaptations introduced by Articles 2 to 10, are published in annex to this Law, da

which are an integral part.

2-The attachments to which the preceding paragraph are listed are identified as Annex I-Code

and Annex II-Regulation.

3-The RCTFP's constant references to the Code and the Regulation are deemed to be made

to Annex I-Code and Annex II-Regulation, respectively.

177

Article 29.

Special rules of application in the time relating to social protection of the

workers performing public duties

1-The standards of the Code and the Regulation on Social Security schemes or

social protection applies to employees performing public duties that are

beneficiaries of the general social security scheme and who are enrolled in their respective

institutions for all eventualities.

2-The remaining workers to be integrated into the convergent social protection regime maintain-

if subject to the standards that were applicable to them on the date of entry into force of this Law in

of social protection or social security, specifically in the eventualities of

maternity, paternity and adoption and sickness.

3-Up to the regulation of the convergent social protection scheme, the employees

referred to in the preceding paragraph remain subject to the remaining standards that were to them

applicable to the date of entry into force of this Law, specifically those relating to

maintenance of the right to remuneration, justification, verification and effects of the phalts by

sickness and for motherhood, paternity and adoption.

4-A The application of the standards provided for in paragraph 1 to the employees referred to in paragraphs 2 and 3 is

made in the terms of the diplomas that come to regulate the social protection scheme

convergent, in fulfillment of the provisions of Article 104 of Law No. 4/2007, of 16 of

January and in Article 114 (2) of the Law No 12-A/2008 of February 27.

5-The provisions of Article 333 (1) of the Code, when the suspension results from illness,

applies to workers referred to in paragraphs 2 and 3 a as of the date of entry into force of the

diplomas provided for in the preceding paragraph.

178

6-In the event of a flawing for assistance to members of the household provided for in the Act, the

worker integrated into the convergent social protection scheme is entitled to a subsidy

in the terms of the respective legislation.

Article 30.

Validity of collective agreements

1-The provisions set out in instruments of collective labour regulations which

have in a manner contrary to the RCTFP standards have to be changed within 12

months after the entry into force of this Law, under penalty of nullity.

2-The provisions of the preceding paragraph shall not convaled the instrument provisions of

collective regulation of nulas work under the repealed legislation.

Article 31.

Night work

The employee who has provided, in the 12 months prior to the publication of this Law,

at least fifty hours between 20 and 22 or one hundred and fifty hours of work

nighttime after 22 pm maintains the right to the addition of remuneration whenever

carry out their provision between 20 and 22 pm.

Article 32.

Amendments to the Labour Code and its Regulation

The application to the contract of employment in public functions of provisions arising from

future changes to the Labour Code and the respective Regulation is determined by

law that will proceed to its adaptation to the contract of employment in public functions.

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Article 33.

Entry into force

This Law shall come into force on January 1, 2009.

Seen and approved in Council of Ministers of May 29, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs