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PROPOSED LAW NO. 207 /X

Exhibition of Motives

The Constitution of the Portuguese Republic enshrines the Portuguese State as a State of

democratic right, based on recognition and respect for fundamental rights. From

between the cast of the rights of this nature, overestimate the social, of which it is releving the right to

social security and solidarity, enshrined in Article 63, as a " right of all

citizens ", by having the state" organize, coordinate and subsidize a social security system

unified and decentralized "with the purpose of protecting them" in disease, old age, disability and

orfandade, as well as in unemployment and in all other situations of lack or decrease

of means of subsistence or capacity for the work ".

The realization of the right to social security is carried out by the Social Security System,

approved by Law No. 4/2007 of January 16 laying down the general bases on which it is based and the

its objectives, specifically the realization of this right and the promotion of protection

social.

The social security system-integrating the system of social protection of citizenship, the

previdential system and the supplementary system-has a funding that obeys the

principles of the diversification of their respective sources and selective suitability, involving monies

coming from the State Budget, employee contributions and contributions from the

employers and others. The respective organic structure comprises integrated services in the

direct and indirect administration of the State, in this case, the denominations of

social security.

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The Law of Bases maintains, in its Article 104 and the similarity of the previous laws, the existence of the

social protection scheme of the civil service which, however, should continue convergence

with the schemes of the social security system, by changing their regulations by way of

obtain the same legal discipline as to the material scope, rules of formation of rights and

allocation of benefits.

The right to social security of employees of the Public Administration, as long as they are subject to the

public employment regime, and of their families has thus been coming to fruition through

dum social protection scheme which, framing itself in the social security system as a

special scheme, carries out the objectives of its previdential system, presenting, however,

own characteristics and configuration that go beyond the specific scope of social security.

In effect, the designated "social protection regime of public function", in force in 31 of

December 2005, encompasses three distinct components-a special security regime

social, health subsystems and complementary social action-, with the last two being

constitute true social benefits of the employer-the Public Administration-

addressed to their employees and arise from the scope of the employment relationship.

It matters to remember that, historically and as they were appearing diverse forms of

protection of workers in general, against the social risks that have been arisen with the

evolution of the society, having taken particular relevance the techniques of social welfare, the

State was also proceeding to the creation of protection schemes for the workers to the

your service. These protection schemes have given rise, progressively, to structures

own organisational which, in the topicality, form a number of bodies with

diverse competencies, not constituting an organic set with integrated functioning,

covering different social areas that the Constitution and the law treat as rights

distinct and guaranteed fundamental systems through also distinct systems, as is the case

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concretely of social security and health.

Also funding systems considered suitable for each

type of risk.

The regulation of the protective techniques adopted, which was being drawn up in a way

intrinsically linked to the employment relationship that was underlying it, determined the characteristic

more relevant from the whole regime, which is the fact that public function workers have

a special working relationship (public employment) and a social security relationship as well

special, being both established with the same entity, the employer (the Administration

Public), unlike the remaining workers who have a distinct working relationship of the

social security relationship, being that the first is established with the employer and the second

with the social security institutions.

Hence it follows that, in much of the corresponding legislation currently applicable, too

there is no distinction between the two areas of competences, i.e. between the benefits paid as

counterpart to the work provided, which relies on labour law, and the benefits of

substitutive social security of work income, when this is not provided, that

reliefs on the right of social security.

This situation was especially patent in the Decree-Law No. 184/89 of June 2, which,

adopting a correct concept of remuneration when defining the retributive system of the function

public, confused in his art. 15. "remunerations" with "social benefits" by including these

as components of that system.

On the other hand, the substitutive cash benefits of income earners are, with

exception of pensions, concretized through the maintenance of the right to remuneration, subject

to the corresponding legal treatment, including the incidence of income tax.

They present, in this way, a remunerative nature, which obviously does not correspond to

counterpart of work provided but to an effect of their non-provision, rather than a

express nature of social provision, the meaning of which actually represent. However,

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a misfit legal expression of the true nature of benefits cannot call into question

the actuation of the right to the protection of employees of the Public Administration in all

eventualities of social security and through the same benefits provided for in the law.

The evolution of this social protection regime was, however, over the past few decades,

generating still: new deviations from the initial rules, already of itself without obeying a conception

coherent and global; specifics without logical grounds; situations of exception relatively

to certain professional groups or sectors; specific conditions, casuistically

adopted, of the allocation of the right regarding the same eventualities; creation of schemes

own in certain bodies overlapping with the general regimes, cumulatively or

no; framing in different social security schemes, the general and that of the civil service,

simultaneous or not, depending on the date of commencement of exercise of duties or of the nature of the

labour link.

Specifically, they refer to some examples:

-The social protection scheme initially intended to cover employees of the

State, civil servants subject to a public law work regime, was

being frequently applied to workers bound by individual contract of

work or other atypical labour links;

-Created situations of concurrent framing in social protection schemes

with distinct philosophies, rules and regulation and without articulation among themselves, originating

insansible misadjustments, with actual damage to the level of protection which

must be ensured. They are the cases: of the protection in unemployment of the lecturers of the

basic and secondary education with administrative contract of provement and the military

in contract or voluntary arrangements that are enrolled in the general scheme of

social security exclusively for the eventuality of unemployment; of employees

and agents, admitted after January 1, 2006, which, as a result of the cessation of the

right to enrolment in the CGA, are framed in the general regime, for eventualities

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of disability, old age and death, including the death allowance and pension of

survival, and also for family benefits (being that, on the one hand, the

legislation applicable in the eventuality of illness, for example, does not allow, when

reached the limit of falters, any articulation with the protection in the disability, between

other dephasings, and on the other, it originates serious imbalances in services

faced with a panoply of parcellared regimes to be applied to workers with the

same legal situation-laboral); of the application, in some services, of regimes of

social protection arising from instruments of collective bargaining, aggravated still

for subsistence, in those same services, of workers who are simultaneously

covered by that scheme and by the general social security scheme or enrolled in the

CGA;

-The introduction, at various times, in the schemes of the retirement and pensions of

survival, of rules which, aiming at convergence with the general regime, which obeys

to a structurally different logic and philosophy, respect only the part of the

aspects of the whole regime that should converge, creating sometimes situations of

contradiction and of misadjustment or legal vacuum, insansible or susceptible to

very varied interpretations and with poor legal underpinning;

-The coexistence, in the same services, of workers performing duties with the

same type of labour bond or with different linkages and which, being subject to

different social security schemes, in whole or in part, obligate the services to

meet diverse contributory obligations, and may confront each other simultaneously

with four or more different situations, as to the addresseemical entities, the

amounts of the contributions on your part, as employers, and on the part of the

workers, to the eventualities to which those are intended, implying the assumption of

also different responsibilities in relation to the remaining eventualities. On the other

side, that coexistence creates an unequal treatment of the workers of the

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Public administration on social security, with the exception of

calculation of the retirement pension, applicable to those enrolled in the CGA by August 31 of

1993, which was more favorable originally and until December 31, 2005, the protection

social ensured by the general regime is globally more balanced, more advantageous and

with greater guarantee of effective and integrated social protection than that of the scheme of the

public function, and there is even greater injury when the framework is made of

form shared by two regimes;

-Workers subject to the scheme of the individual contract of work and framed

in the general social security regime for all eventualities, regardless

of the existence of the above said workers with the same type of bond and

covered by the social protection scheme of the civil service, with enrollment in the CGA;

-The coexistence of workers of the Public Administration who, just by being

bound by different legal regimes-different-employees and agents or

individual labor contracts-, have or are not entitled to the benefits of the subsystems

of health; on the other hand, workers with the same type of linkage (employees and

agents) who have this right in an optional or mandatory way, meaning such, having

or not the option of discounting 1.5% percent on monthly pay.

Finally, it is also pointed out that, despite the establishment of the National Health Service, effecting

the universal right to the protection of the health of all citizens, enshrined in Article 64 of the

Constitution, ADSE and the other health subsystems of the civil service, originating in the

provident techniques then applied, maintained a mandatory character of

enrollment and quota payment, confusing the new reality that went on to constitute the

maintenance of those benefits for employees, authentic health insurance à

similarity of so many others, with the realization of the right to health, which, in fact, does not

mean they can't even mean.

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In the face of this picture of extreme confusion, imbalance, inconsistency and lack of transparency of the

right that must be assured to employees of the Public Administration in respect of

fundamental social rights, is intended with the present diploma, for the first time since the

consecration of the right of all citizens to social security and the creation of the respective

system, define the social protection of workers performing public functions of form

effective and integrated, taking into account the respect for the rights acquired and in formation and the

legal imperative of the realization of the convergence of the regimes.

On the other hand, the new employment scheme in public administrations when consecrating the

contract of employment in public functions as a rule regime, inspired by the Code of

Work and its respective Regulation, make it even more pressing for the need for clarification

of social protection schemes in a convergence perspective with the general scheme of

social security.

Thus, the social benefits granted in the scope of the labour relationship are distinguished, to be

assigned uniformly to all employees and reliefs on the respective relationship of

work, namely those granted by ADSE and by currently existing health subsystems

in the Public Administration and supplementary social action, according to the established in the

article 114 of Law No 12. º-A/2008 of February 27, which established the new regimes of

linkage, of careers and of remunerations.

As far as ADSE is concerned, it shall be provided for in a diploma of its own that any worker who

exercise public functions, regardless of the modality of linking, can sign up

in this system, without prejudice to the provisions of Article 3 (2) and (2) of the Article 6

Decree-Law No. 118/83 of February 25, as amended by the Decree-Law n.

234/2005, of December 30. On the other hand, the state, as an employing entity

public, should promote the development of social benefit policies for their

workers.

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In this way, as a corollary of the realization of the right to social security, social protection

of workers performing public functions effectively-if through integration into the scheme

general social security of workers on account of outrain or in the protection scheme

converged social, which ora devotes itself to.

With the integration into the general social security regime, it consolidates or completes the

framing of the workers who, on January 1, 2006, in it were enrolled

for all eventualities and well so those who, admitted from that date, there were

enrolled only for the eventualities of disability, old age and death. Concreteness of this mode

the objective of ensuring the social protection of these workers through a single and even

Regime, without prejudice to the specificities concerning the eventuality of unemployment arising

of the special characteristics of some modalities of the legal public employment relationship.

It also defines itself for the remaining workers a convergent social protection scheme,

in a coherent and balanced manner, aiming for effective and integrated protection of all

eventualities, unambiguously framed in the social security system, with respect

by its principles, concepts, objectives and general conditions, as well as those specific to its

previdential system. The convergent social protection regime, in the face of the personal scope of

application that is now defined, constitutes a closed regime as of January 1, 2006.

This scheme has a legal discipline identical to that of the general scheme with regard to the

regulation of protection in the different eventualities, specifically as to the

respective objects, objectives, nature, general and specific conditions, rules of calculation of the

amounts and other conditions for the allocation of benefits.

However, they remain, for reasons of taking advantage of means, the model of organisation and management

currently existing, as well as its own financing system, without prejudice, in this

case, of the adoption of the rules and criteria laid down in the law of bases of social security and

supplementary legislation, particularly as to the determination of the overall rate of

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contributions, not resulting, however, any increase in the rate of the contributions

presently applicable to employees.

Finally, it matters to vincate that the present law does not intend to implement since already the new

converged social protection scheme, but build the legal framework framing the new

reality ora created, which sustains the regulation to be developed and which constitutes still a

clarifier instrument of the sense and reach, in order to support a correct interpretation and

resolution of difficulties which will, of course, be able to arise when applying the

regulatory diplomas that will, progressively, come to be published.

It also stresses the need to ensure a safe conversion of the current regime, the

do necessarily by steps and accompanied with such ambitious information and training

and complete as possible.

In summary, with the entry into force of this diploma, they result in the following effects:

-All workers admitted since January 1, 2006-already enrolled in the

institutions of social security for the eventualities of disability, old age and death-,

are entered in those institutions for the remaining eventualities;

-Workers admitted as of the date of entry into force of this diploma

are enrolled in the general scheme of employees by listening to all the

eventualities;

-The so-called social protection regime of public function-whose convergence

with the general regime now suffering a decisive boost-it becomes a closed regime to

departure from January 1, 2006, situation that partially occurred with the reform of the

retirement regimes and the calculation of pensions.

The governing bodies of the Autonomous Regions, the National Association, were heard

of Portuguese Municipalities and the National Association of Freguestics.

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

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Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Chapter I

General provisions

Section I

Object and scope

Article 1.

Subject

This Law defines the social protection of workers who perform public duties.

Article 2.

Framework in the social security system

The social protection of workers performing public functions falls within the system of

social security, passed by the Social Security Bases Act, hereinafter referred to as a law of

bases.

Article 3.

Subjective scope of application

1-A This Law applies to all employees who perform public duties,

regardless of the modality of linking and constituting the legal relationship of

public employment under which they carry out their respective functions.

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2-A This Law shall also apply to workers provided for in the preceding paragraph which, by

shelter for mobility instruments, do not perform public functions, but that, in the

terms of the law, they maintain the respective social protection regime.

Article 4.

Scope of application

1-A This Law shall apply to the services of the direct and indirect administration of the State, of the

autonomous regional administration and the municipal administration.

2-A This Law shall also apply to the organs and services of support of the President of the

Republic, the Assembly of the Republic, the courts and the public prosecutor's office and their

governing bodies and other independent bodies.

3-A This Law shall also apply to other entities not provided for in the preceding paragraphs which

have to their service workers referred to in the previous article.

Article 5.

Employing entities

For the purposes of the provisions of this Law, the organs, services and other entities referred to in the

previous article are considered employing entities.

Section II

Realization of social protection

Article 6.

Regimes of social protection

The social protection of workers performing public functions concretizes themselves by the

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integration:

a) In the general social security scheme of workers on account of outrain, ahead

designated by general social security arrangements;

b) In the convergent social protection regime, defined by this Law, which falls

employees in an organization and own financing system, with

regulation of all eventualities, as to the material scope, rules of

formation of rights and allocation of benefits, including the calculation of the

respective amounts, in convergence with the general social security regime.

Chapter II

Integration into the general social security regime

Article 7.

Personal scope

They are integrated into the general social security regime:

a) Employees holding public employment legal relation,

regardless of the linkage modality, constituted as of January 1

of 2006;

b) The remaining workers, holders of legal employment relationship constituted up to 31

of December 2005 with employing entity, framed in the general scheme of

social security.

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Article 8.

Framework in the general social security regime

The workers provided for in the previous article and the respective employing entities are

compulsorily enrolled in the social security institutions in the quality of beneficiaries and

of taxpayers, respectively.

Article 9.

Contributory obligations

The beneficiaries and the taxpayers are subject to the contributory obligations under the law

of bases and too much of the applicable legislation.

Article 10.

Protection in unemployment

1-Without prejudice to the provisions of the following number, the protection in the eventuality of

unemployment of workers performing public duties, under the conditions referred to in the

Article 10 of Law No. 12. º-A/2008 of February 27 is carried out under the terms of the scheme

general social security.

2-The payment of the amount of social benefits in the eventuality of unemployment is

carried out by the competent employers, in the terms of the regulations

provided for in Article 29.

3-The provisions of the preceding paragraphs shall apply to the employees referred to in paragraph 4 of the

article 88 of Law No. 12-A/2008 of February 27, whose legal employment relationship was

constituted as of January 1, 2006.

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Chapter III

Convergent social protection scheme

Section I

General provisions

Article 11.

Personal scope

The convergent social protection scheme applies to workers who are holders of

legal employment legal relationship, regardless of the modality of linking,

constituted until December 31, 2005 and which are not covered by the provisions of paragraph

b) of Article 7 para.

Article 12.

Objectives

1-The convergent social protection regime concretizes the objectives of the previdential system,

by means of substitutive pecuniary benefits of lost work income, the

which assume the nature of social benefits.

2-The convergent social protection regime further concretizes the objectives of the subsystem of

solidarity concerning situations of social or economic compensation, by virtue of

contributory or equivalent inadequacies or prestational insufficiencies of the system

previdential.

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Article 13.

Material scope

The convergent social protection scheme integrates the eventualities provided for in the system

previdential, namely:

a) Disease;

b) Maternity, paternity and adoption;

c) Unemployment;

d) Accidents at work and occupational diseases;

e) Invalidity;

f) Old age;

g) Death.

Article 14.

Concepts

For the purposes of the provisions of this Chapter and in Chapters IV and V of this Law and

their respective regulations, they are understood to be:

a) "Contributory Career", the corresponding time periods:

i) At the entrance of legally-equated contributions or situation;

ii) To the equivalence to the entry of contributions;

b) "Equivalence to the input of contributions", the periods of time in which, not

provision of actual work by the occurrence of the eventualities referred to in the article

13., it is not due to the payment of contributions for there being no remuneration and that,

conferring or not entitled to the assignment of the corresponding benefits, pursuant to the

law, are registered for contributory career effects, as well as other situations

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provided for in the Act;

c) "Warranty period", a minimum period of contributions or situation legally

equate that constitutes general condition of allocation of benefits;

d) "Social protection regime of public function", social protection, in force in 31 of

December 2005, applicable to employees and agents and other employees of the

Public Administration, consisting of the components of special security arrangements

social, subsystems of health and supplementary social action;

e) "Reference remuneration", the average value of remuneration recorded during a

determined period of time, variable according to the regulation of each

eventuality, which forms the basis of calculation of the respective benefits;

f) "Status legally equates the entry of contributions", exercise of duties

equated the contributory career with respect to eventualities that do not require the

payment of contributions;

g) "Totalization of contributory periods", solution used in the articulation between regimes

of social protection, which translates into the fact of contributory periods or situation

equivalent verified in a regime to be relevant in another, or for opening of the

right to protection, in particular the fulfilment of a guarantee period, or for the

calculation of the value of benefits;

h) "actual work", the work actually provided by the worker in the entities

employing.

Article 15.

Beneficiaries and taxpayers

1-Considerate beneficiaries and taxpayers of the convergent social protection scheme,

respectively, the workers provided for in Article 11 and the corresponding entities

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employing.

2-Workers provided for in the preceding paragraph who see amended their legal relationship of

public employment, specifically by change of the linkage modality or by

application of mobility instruments, do not lose the quality of beneficiaries of the

converged social protection regime .

Article 16.

Contributory nature

1-For the purposes of the right to social benefits relating to the eventualities referred to in points

a) , b ), c) and d) of Article 13, the exercise of duties of employees is equated with career

contributor.

2-The right to social benefits of eventualities referred to in points and ), f) and g ) of the article

13., depends on the payment to the General Box of Retirements (CGA) of quotations, by

part of the beneficiaries, and of contributions, on the part of the taxpayers.

3-A lack of payment of contributions and contributions relating to periods of exercise of

professional activity of the beneficiaries that is not attributable to them, is without prejudice to the

right to social benefits to which the preceding paragraph is referred.

Section II

Framework in the previdential system

Article 17.

Principles

1-The convergent social protection scheme applies to the general principles set out in the law

of bases.

2-The convergent social protection regime applies still to the principles and remaining

provisions referring to the previdential system, constants in particular of chapters

III, IV and VI of Law No. 4/2007 of January 16, without prejudice to the necessary adaptations

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arising from your organisation and own financing system.

Section III

Benefits

Article 18.

Nature of benefits

1-Social benefits are required administratively and judicially, with regime identical to the

of the benefits of the general social security scheme.

2-Social benefits are not considered, in any cases, as remuneration.

Article 19.

Equivalence to the entry of contributions and contributions

The periods in which there is no effective work provision, in the terms provided for in the present

law and other applicable law, as well as those corresponding to other situations provided for in the

law, consider themselves equivalent to the entry of quotizations and contributions to the CGA, not

taking place when paying for the same.

Article 20.

Civil liability of third parties

When the beneficiary of the convergent social protection scheme has received, as

aggrieved, by the same fact, social benefits and compensation supported by third parties, the

employing entities exercise the right of return with refund up to the limit of value

of the benefits for which they are responsible, without prejudice to the provisions of Article 70 of the Law n.

4/2007, of January 16.

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Section IV

Organization and funding

Article 21.

Responsibilities for management

1-Without prejudice to the provisions of the following number , a attribution and the payment of benefits

social relating to eventualities provided for in points a) , b ), c) and d) of Article 13 are of the

direct responsibility of the employing entities.

2-A assignment and payment of social benefits relating to the eventualities provided for in the

points e) , f) and g) of Article 13, are the responsibility of the CGA, as well as of the benefits

by permanent incapacity and death, resulting from accidents at work and disease

professionals.

3-Employer entities reimburse still CGA of the charges for this supported

concerning the social benefits referred to in the final part of the preceding paragraph.

Article 22.

Funding

1-Social benefits relating to eventualities provided for in points a) , b ), c ) and d) of the article

13. constitute charges of the employing entities.

2-Social benefits relating to eventualities provided for in points and ), f) and g) of Article 13 para.

are financed through employee contributions and the contributions of the entities

employing.

3-A insufficiency of the substitutive benefits of working or career income

contributor of the beneficiaries, relating to the eventualities referred to in the preceding paragraphs,

is funded by transfers from the State Budget.

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4-They are still a source of funding from the convergent social protection scheme, others

legally provided revenue.

Article 23.

Determination of the amount of contributions and contributions

1-The amounts of the contributions and contributions, provided for in paragraph 2 of the preceding Article,

result from the application of the respective fees on the remunerations that constitute the basis of

contributory incidence.

2-The remuneration and fees provided for in the preceding paragraph shall be defined by decree-law in

convergence with the criteria of the general social security regime.

Chapter IV

Design and coordination of social protection

Article 24.

Design and coordination

1-A coordination of the application of the social protection of employees performing duties

public, in particular of the convergent social protection regime, is the responsibility of the

members of the Government responsible for the areas of Public Administration, finance and

of social security.

2-Compete to the Directorate General of Administration and Public Employment (DGAEP),

concerning the convergent social protection scheme:

a) The technical support for design and coordination, in articulation with the entities

responsible for the respective management;

b) The articulation with the relevant departments in international coordination

about social security.

3-For the purpose of compliance with legal obligations regarding obtaining and making available

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of data relating to social protection, DGAEP is articulated with the relevant departments.

Article 25.

National Social Security Council

1-A Public Administration, in the quality of employer, integrates the Board

National Social Security Act, provided for in Article 95 of Law No 4/2007 of January 16.

2-For the purposes of the provisions of the preceding paragraph the designation of representative shall compete with the

member of the Government responsible for the area of Public Administration.

Chapter V

Supplementary, final and transitional provisions

Article 26.

Accidents at work

1-The legal regime for the protection of accidents at work of all employees

covered by this Law is stated in a decree-law.

2-The decree-law set out in the preceding paragraph welcomes the principles and rights enshrined in the

general law, adapting them to the specificities of the Public Administration, further defining the

terms of the responsibility of the employing entity for the remediation of the emerging damage

of the accidents at work, sidelining the principle of mandatory transfer.

3-To workers who, under the mobility instruments, come to pay

service to the entities provided for in Article 4 (3), the general law applies.

Article 27.

Safeguarding of rights

1-In situations where there is no provision of effective work, arising from the

eventualities referred to in points a) , b ) and d) of Article 13, regardless of the regime

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of applicable social protection, the absence of remuneration does not determine the loss or the

prejudice to any rights and perks in the terms enshrined in law.

2-The provisions of this Law shall not affect the schemes of social benefits enjoyed by the

workers, specifically in the context of health and supplementary social action.

Article 28.

Subsidiary law

To the convergent social protection scheme is to be a subsidiary applicable to the law of bases.

Article 29.

Regulation

1-A The regulation of the eventualities referred to in Article 13, in the protection regime

Convergent social, is made by decree-law, in accordance with the principles, concepts and

general conditions of the social security system and the specific to your system

previdential.

2-A regulations, provided for in the preceding paragraph, shall include the definition of the object, purpose,

nature, general and special conditions, rules for calculation of amounts and other conditions of

award of the benefits that carry out the right to protection in all eventualities,

referred to in Article 13, in an identical manner to the respective legislation applicable in the general scheme,

without prejudice to the specificities arising from the organization and system of financing

own from the convergent social protection regime.

3-A regulations of the scheme referred to in the preceding paragraphs, with respect to the rules of

funding, specifically, as to the determination of the overall rate of contributions,

follows the criteria set out in the law of bases and supplementary legislation.

4-A The regulations referred to in paragraph 2 provide that, if, in concrete cases and in any of the

eventualities, from it result level of protection lower than that ensured by the scheme of

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social protection of the public function previously in force, is maintained that level of

protection, through the allocation of social benefits by the employing entity.

5-Until the beginning of the term of regulation laid down in this Article, they shall remain in

vigour the legal and regulatory regimes that regulate the various eventualities of the regime of

converged social protection.

Article 30.

Transitional arrangements

1-To workers, covered by the social protection scheme of the public function at the date of

entry into force of this Law and which are found to be carrying out duties in entities

referred to in Article 4 (3), the convergent social protection scheme shall apply.

2-To the workers referred to in para. a) of Article 7, whose legal employment relationship

has been constituted between January 1, 2006 and the date of entry into force provided for in the

n Article 32 (1), the constant regime of the Decree-Law No. 117/2006 of 20 shall apply.

June, should the eventualities of illness, motherhood, paternity and adoption occur,

unemployment and occupational disease, where necessary.

Article 31.

Abrogation standard

1-Without prejudice to the provisions of the following number, Articles 9 and 10 of the Law shall be repealed

n. 11/2008, of February 20.

2-A The repeal provided for in the preceding paragraph shall only produce effect from the entry into force of the

regulation of the eventuality of unemployment, of the social protection scheme

convergent.

3-It is extended the duration of Article 10 of Law No. 11/2008 of February 20 to the date of

entry into force of the regulations laid down in the preceding paragraph.

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4-The diplomas they regulate, in the convergent social protection scheme, the

eventualities provided for in Article 13, proceed to the repeal of all the standards that

contravene the provisions of this Law.

Article 32.

Entry into force

1-Without prejudice to the provisions of the following paragraphs, this Law shall enter into force on the date of

entry into force of the scheme of the contract of employment in public functions provided for in the article

87. of Law No. 12-A/2008 of February 27.

2-Chapter III shall enter into force, in respect of each of the eventualities referred to in the

article 13, on the date of commencement of the decrees-law proceeding to its

regulation.

3-Articles 19, 29 and 31 come into force on the day following that of the publication of the present

law.

Seen and approved in Council of Ministers of May 29, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs