Approves The Revision Of The Labour Code

Original Language Title: Aprova a Revisão do Código do Trabalho

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449784e6931594c6d527659773d3d&fich=ppl216-X.doc&Inline=false

1 PROPOSAL of law No. 216/X 1. The labour code, approved by law 99/2003 of 27 August, has reviewed and the unification of the labour law, until then scattered by numerous diplomas. A significant part of its provisions came into force later than expected initially, because they had to await the entry into force of Law 35/2004, of 29 July, which, following the sistematizadora of the code concern, is organized by chapters that correspond, in General, the sequence of the provisions of the code that they regulate. Such laws provide for its review within four years from its entry into force. 2. Fulfillment of such commands and, on the other hand, which left shed in your program, the XVII constitutional Government has defined a strategy for revising the labour legislation. After the work of evaluation of the impact of legislation on social and economic reality and diagnostic needs of legislative intervention, the debate was encouraged social dialogue and driven the discussion on social dialogue. 3. In a first initiative, in line with the commitments made in the Government Program and driven by the tripartite agreement reached in the social dialogue, on 18 July 2005, the law 9/2006, of March 20, has an urgent legislative initiative, which introduced amendments to the labour code in order to facilitate the production of instruments at the level of collective bargaining and create a model of binding arbitration that would overcome the roadblocks that impede the dialogue social.

2 4. Later, the Green Paper on labour relations, presented and submitted for public discussion on 20 April 2006, pointed to the need to modernise labour law, as an instrument geared to the achievement of desirable levels of competitiveness of enterprises and development of the economy and to the solution of the problems found, in particular, certain sectors and taking into account, on the other hand, the needs of adjustment or reaction to recent trends of evolution of employment, working conditions, industrial relations and employment indicators. The Green Paper launched a widespread public debate, particularly fertile in the Committee of Permanent Social dialogue (CPCS). 5. It is in this context that the Council of Ministers resolution No. 160/2006 of 30 November, created the Commission in the white paper of labour relations (CLBRL), composed by a group of experts with the task of producing a diagnosis the needs of legislative intervention, taking into account the set of conclusions reflected in the Green Paper, in particular on employment , social protection and employment relationships. 6. The submission of the progress report of the work of the Standing Committee of CLBRL Social dialogue, on 31 May 2007, resulted in emission initiatives opinions by various entities, including the partners with seat in that Standing Committee, documents that are assessed and taken into account during the further work of the Commission in the white paper. 7. The white paper industrial relations (LBRL), final report of the Commission which was published in November 2007 and which was also the subject of debate in the Standing Committee of Social consultation, identifies the main problems of economic and social reality of the country and sets out proposals for action that it considers appropriate.

3 the proposed solutions relate to the need to intervene in the sense: i) the systematization of the legislative acquis; II) promoting internal flexibility of enterprises, improving the possibilities of reconciliation of professional life with personal and family life, gender equality; III) improving coordination between the law, collective agreements and employment contracts; IV) of bureaucracy and simplifying the relationship between companies and workers, and and other Public Administration. Public appreciation of the LBRL, between 20 December 2007 and 31 January 2008, resulting a wide public discussion and a wide range of contributions from civil society and the social partners. Is following these events that the Government, on 22 April 2008, submit to the Permanent Council for Social consultation a document which should serve as a basis for the formalization of a new agreement on regulating labour relations, employment and social protection, which reflects the majority of hosting CLBRL's proposals regarding the systematization and simplification of legislation in force in particular, the labour code and its regulations. Reflected in that document will also concern over the need to assume a social engagement able to reconcile the demands of competitiveness of enterprises with enhancing the social dialogue and to promote the necessary reform to the combination between the inevitable intervention in the field of labour legislation and the necessary changes in the systems of social protection and employment. Accordingly, the revision of labour legislation is part of a broader reform strategy, which provides for the creation of other instruments essential to the effective economic growth, to improving business competitiveness, increasing productivity, improving the employability of our citizens and the quality of employment, a guided strategy, also towards combating inequalities and promoting more equitable sharing of the results of economic progress.

4 8. This is the programmatic framework and with this intensive scenario and extended debate, the Government and most partners with seat in CPCS reached on 25 June 2008, the tripartite agreement that was at the origin of the legislative initiative that takes place, which will be supplemented by specific interventions in the field of social protection and employment , and that is, therefore, the result of an informed, participatory reflection and sedimented over a period of two years. The meaning of the economic and social implications of reform as this could not, therefore, dispense with the dialogue that preceded it and who is capable of legitimizing the set of proposed solutions, and that necessarily should occur before the start of the parliamentary debate. Thus, in compliance with article 20 of the Law 99/2003 of 27 August, in article 9 of Law 35/2004, of 29 July, and according to what was poured in the 17TH Constitutional Government program, this proposal for a law amending the labour code and its regulations. It is proposed, in this way, following the proposal reflected in the white paper of the working relationships, a more effective regulatory framework that unifies the two main legislative instruments that govern labor relations-the labour code and its rules, making them easier to understand, more accessible, and predictable earnings in terms of effective dissemination of its normative content by recipients and as well, also as regards their fulfilment. It is also the intention underlying to simplify and debureaucratize aspects of relations between workers, employers and Directors, as well as the purpose of this other way, strengthening the effective enforcement of the legislation, including as regards compliance with the sanctions regime that it is associated with. Take advantage, finally, to carry out systematic adjustments and improve aspects of rationalization.


5 With the proposed changes, promotes itself to companies and adaptability makes it easier if the conciliation between professional life and personal and family life of workers. To that extent, the limits on the duration of working time – whether normal, whether increases and additional mechanisms for easing through individual and collective bargaining. Among the innovative schemes include the possibility of setting up "banks of hours" by setting timetables that concentrate the duration of work during some days of the week, of adopting measures specifically designed for certain sectors of activity with marked seasonal effect, as the very short agreement on agriculture, the special arrangements for vacation tourism or intermittent employment contract without term. The system of protection of motherhood and fatherhood as provided for in the labour code is subject to significant changes, implementing important mechanisms for facilitating the reconciliation of family and working life, the promotion of gender equality, in a logic of equal opportunities between men and women, not only in relation to employment and working conditions but, at this point with particularly innovative nature, within the framework of the exercise of the rights of parenting. With the proposed scheme, the protection in adopting the same benefit regime passes that motherhood and fatherhood, safeguarding the specificities inherent, correcting, so a solution of deep injustice and social inequality, which haven't been valuing and recognizing the importance of the adoption Institute, and the role it plays in Portuguese society, by the greatness of the associated values and justifying its deserved. On the other hand, with a view to promoting the dynamics of collective bargaining, streamline the administrative requirements of the negotiating processes, changes the sobrevigência regime and expiry of the collective agreement of work, spells and improves articulation between these and law and widen the list of subjects for adjustable collective bargaining. Thus, the efficiency of the regulatory framework, while at the same time creates a favorable scenario for the enhancement of the role of the social partners in the definition of the guidelines for changing the social and economic reality. 6 with regard to termination of the employment contract, in full compliance with the constitutional principle of prohibition of dismissal without just cause, the proposal simplifies and shortens the disciplinary procedure and increases the legal certainty of the parties in cases of dismissal, guaranteed the strengthening of protection of pregnant worker who has recently given birth or are breastfeeding, and exacerbating the breaches referred to the violation of rules of procedure in the case of employee Union representative. Finally, with the desire to combat precariousness and the segmentation of labour markets, change the operating assumptions for the presumption of the characterization of the employment contract and creates a new offense, considered very serious, for the situations of cominar concealment of work contract, with the intention of fighting the use of "fake green receipts" and improve the effectiveness of supervision in this area. 9. As proposed in the white paper of labour relations, the revision of the labour code and of the law that regulates will result the incorporation of substantial part of the normative content of the latter in the articles of the new labour code, as well as the approval of other diplomas that complement, having as their object: (i) the legal regime of work at home; (ii) the Salary Guarantee Fund; (iii) the matter of safety, hygiene and health at work, as well as that of accidents at work and occupational diseases; (iv) the system of works councils; (v) binding arbitration or discipline required of collective conflicts arising from collective bargaining and arbitration of fixation of minimum services during strike, in addition to (vi) regulatory aspects of the code. In the labour code, the main changes with regard to their systematic organization are as follows:  7 Incorporation regimes now listed in Act No. 35/2004, of 29 July, regarding: (i) posting of workers; (ii) rights of personality; (iii) equality and non-discrimination; (iv) licenses, layoffs and shortages, special working arrangements and protection in the dismissal, under the protection of motherhood and fatherhood; (v) Regulation of light work provided by minor; (vi) student-worker; (vii) foreign workers and stateless persons; (viii) vocational training; (ix) operating periods, working hours, night work, additional work; (x) fouls to assisting household members; (xi) minimum monthly wage; (xii) reduction of activity and suspension of the employment contract; (xiii) effects of non-payment on time of retribution; (xiv) workers ' committees and coordinating committees; (xv) meetings of workers in the framework of trade union activity at the company, credits hours and absences of members of Directorate of trade union associations; (xvi) participation in the drafting of labour legislation; (xvii) criminal responsibility and offences and plurality of contra-ordenacionais offences.  in the title on to the employment contract, the subsection about the employer and the company integrate provisions on the power steering, disciplinary authority, the rules of procedure, the types of businesses and the plurality of employers.  in the title on the contract of employment, the worker's activity section integrates the rules about moving to lower category, versatility and functional mobility.  in the title on the contract of employment, a section on forms of employment agreement, which aggregates the regime of fixed-term employment contract, part-time, intermittent work, service, teleworking and temporary work.  8 in title on the contract of employment, the workplace section integrates the rules on transfer of workplace.  the subsection about limits on the duration of work is part of the new provisions on adaptability, Bank of hours and time zone.  the chapter on non-compliance with the contract is part of the suspension of an employment contract on grounds of non-payment on time of retribution.  in the chapter of the termination of the employment relationship, dismissal on the initiative of the employer are governed by grouping, on the one hand, the regime of the grounds, procedure and the rights of the worker in each mode and, on the other, the cause of unlawfulness of dismissal and its effects.  section for the workers commissions integrates all legislation concerning the Constitution, bylaws, election and rights of workers committees, commissions and subcommittees coordinators of workers.  trade union associations and employers associations are regulated by applying the unit mode each other the same standards when their schemes are the same, and maintaining the specific features in particular, in the case of trade union associations, the right-leaning, the collection of Trade Union levy and the trade union activity in the company.  the typification of offences, their classification as to the degree of seriousness and of illicit criminal typification are inserted immediately following the precepts to which they relate. 10. Highlight, then the main innovative measures and fundamental rules remain unchanged: Sources of labour law:


 9 Spells-if the relationship between law, collective labour regulation instrument and contract work, and sets the list of materials whose regulatory standards can only be removed by instrument of collective labour regulation that, without opposition from those norms, has more favourable to the workers.  the collective labour regulation instrument allows whenever the working contract establish more favourable treatment to the employee. Application of labor law posting of workers:  establishes the duty of the employer to communicate, with five days in advance, the competent inspection service of the Ministry responsible for labour area, the identity of workers to highlight for the foreigner, the respective user, the workplace, the home and the foreseeable term the movement.  similar Situations: the legal rules relating to personality rights, equality and non-discrimination and health and safety at work are applicable to situations in which occurs the provision of work for one person to another without subordination, whenever the service provider should consider working on economic dependence of the beneficiary of the activity.  employment contract Changes the notion of employment contract, specifying that the worker is a natural person and that this lends its activity within the framework of the employer or employers ' organization.  perfect if the presumption of the existence of legal subordination and, thus, the characterization of the contract as a contract of employment, based on the verification of some elements that characterize work contract which may act as evidence of subordination.  10 Sanctions-if concealment of work contract to be against-serious activity provision, so apparently, in terms of contract of employment characteristics, which can cause injury to the employee or to the State. The recurrence of the sanction application ancillary matter of deprivation of the right to grant or benefit granted by entity or public service for a period of up to two years. It is expected, as for the payment of the fine, the joint and several liability between the responsible employer, the companies with this are in reciprocal shareholdings relationships, domain or group, as well as the Manager, administrator or director under certain conditions. Equality and non-discrimination  widens the scope of ope legis substitution of rules contained in an instrument of collective labour regulations that are contrary to the principle of equality, regardless of the discrimination factor concerned.  changes the definition of harassment to encompass situations unrelated to any factor of discrimination. Protection of parenthood  the social protection is defined in specific degree where it establishes the list of interim payments of income not earned during periods of absence to work as a result of the exercise of parenting rights.  the following shall be considered as equivalent to periods of parental leave periods for the granting of social benefits, assigned to one of the parents under the subsystem by Social security or other social protection regime of mandatory guidelines.  promote equal rights with regard to the exercise of parenting.

 11 the maternity and paternity matter to be parental leave which may be initial, unique enjoyment by the father or the mother.  Fosters-if the sharing of parental leave: without prejudice to the exclusive rights of the mother, including the enjoyment of six weeks following delivery and the ability to anticipate the beginning of the licence, the right to the enjoyment of the parental leave shall be of both parents to jointly decide how they will share parental leave. In the absence of a joint decision, the Act states that the enjoyment of the license is the hard-working mother.  extends the duration of the initial parental leave, which is increased in 30 days in the case of each of the parents enjoy exclusively a period of 30 consecutive days or interpolated for parental leave.  Strengthen the father's rights worker, either by increasing the period of mandatory initial license enjoyment after the birth of the child, of five to 10 working days, 5 of which must be taken immediately after the birth of son, either by licensing of enjoyment of 10 working days, optional followed or interpolated, simultaneously with the leave for the mother.  adoption license passes the benefit from the same period of duration of the parental leave.  grant to father three waivers to work to accompany her mother to prenatal consultations.  issued to grandparents the right to skip work to assist smaller, grandson of the parents when they do not lack for the same reason or are unable to provide due assistance.

12  student-worker provides for the possibility of control of attendance of the student-worker directly by the employer, by agreement with the employee, through the administration of the educational establishment. The employer and the company  adapts the definition of micro, small, medium and large company having regard to the provisions of the recommendation of the European Commission, of 6 May 2003, regarding the criterion of number of employees.  trial period applies to the majority of workers in the trial period of 180 days, keeping the system in force for staff and senior management, and reduces or eliminates the trial period according to the duration of employment with the same entity, whatever the sport. Functional and geographical mobility  established the deadline of two years for the duration of contractual clauses on hypothetical modifications of the subject and the place of work is not activated by the employer.  vocational training Streamline the training requirements in the areas of fixed-term contracts and contracts without term, having the right worker in each year, a minimum of 35 hours of certified training or being hired the term for a period equal to or greater than three months, a minimum number of hours proportional to the duration of the contract this year.

 13 the employer can anticipate the achievement of annual training for up to two years, notification may be delayed or it for an equal period, since the training plan so provides, and the amount of anticipation is five years in the case of frequency of process of recognition, validation and certification of skills or training to check out double certification.  Promotes the access to vocational training, through better regulation of credit hours for continuing education: the annual training hours that are not provided by the employer until the expiry of the two years subsequent to the maturity, become credit hours in equal numbers for training by the employee; credit hours for training is referred to the normal working period, confers a right to retribution and tells how effective service time; the worker can use the credit hours for attendance at training certified by communication to the employer at least 10 days; by instrument of collective labour regulation or individual agreement, can be established a subsidy for the payment of the cost of training, up to the value of the consideration of the credit period of hours used; in the case of overlapping claims, the training is attributed to the due credit for longer; the credit hours which is not used shall cease after three years on its Constitution; Forms of employment agreement  the term employment contract may be renewed up to three times and its duration may not exceed 18 months, r) in the case of person looking for first job; II) two years, when it comes to launching new business of uncertain duration, as well as the start of operation of company or business in the company with less than 750 employees; III) three years, in all other cases.


 14 the limit of 3 years duration of fixed-term contracts applies to all fixed-term contracts or temporary for the same job, or to provide services to the same subject matter, concluded between a worker and the same employer or employers among which there is a corporate relationship group or domain.  the duration of fixed-term employment contract uncertainty may not exceed six years.  the contract of employment in seasonal agricultural activity or for realization of tourist event duration not exceeding one week is not subject in writing and the employer report its conclusion to the competent service of the Social Security, through electronic form.  the termination of fixed-term employment contract for reasons not attributable to the employee prevent new admission or allocating employee through fixed-term employment contract or temporary work which happen in the same job or contract for the provision of services to the same subject matter, concluded with the same employer or company with this is in a relationship of reciprocal memberships , or domain group, before the expiry of a period of time equivalent to 1/3 of the length of the contract, including renewals.  It is considered part-time work which corresponds to a normal weekly working period less than the full time practiced in a comparable situation; It is expected that, by instrument of collective labour regulation, can establish the maximum percentage of full time from which the system of working time is qualified as being of part-time work.  . Provides for the possibility, in company engaged in activity with discontinuity or varying intensity, the parties agree that the provision of work to be interspersed by one or more periods of inactivity. ("bursty work").  15 the Commission scheme of service can also be applied to head directly dependent on the director-general or equivalent. Duration and organisation of working time:  keep the rules concerning the definition of working time, breaks and intervals considered as working time and rest period.  keep the limits of normal periods of daily and weekly work.  the adaptability scheme of working time, or by stipulation in the contract or by collective regulation of working time.  Provides the possibility, by instrument of collective labour regulation, be established a group which provides adaptability scheme the employer can apply this scheme to all the workers of a team, section or economic unit if at least 60% of workers are covered by this framework, through membership of Gewerkschaftsbund celebrant of the Convention and by choice that Convention as applicable While the workers of the team, section or economic unit in question covered by the agreement are in equal to or greater than the number corresponding to the percentage indicated therein. This adaptability mode does not apply to any worker covered by collective agreement back that scheme or the employee represented by that Trade Union Association have objected the extension Ordinance relating to the collective agreement in question.  Provides the possibility, by instrument of collective labour regulation, be established a group which provides adaptability scheme which, if the agreement that set the normal working period in average terms, concluded between the employee and the employer is accepted by at least 75% of the employees of the team, section or economic unit to whom is addressed, the employer may apply the same regime to all the workers of this structure While the workers of the team, section or economic unit in 16 cause that accept the regime are in equal to or greater than the number corresponding to the percentage indicated therein. This adaptability mode does not apply to employee covered by a collective agreement which has so opposed to this regime.  Provides the possibility, by instrument of collective labour regulation, be established a Bank of hours, in the organisation of working time can be increased up to 4 hours a day and can reach 60 hours a week, taking the limit increase 200 hours per year, and the work done in addition compensation, be made by means of equivalent reduction of working time , cash payment or both modalities.  Provides the possibility for collective labour regulation instrument or agreement between employer and employee be created a concentrated schedule, check normal working day can be increased up to 12 hours, to focus the working week in three or four consecutive days and the duration of the normal weekly working period be respected on average of a reference period up to 45 days.  keep the rules linked to the system of exemption from working hours.  keep the maximum working limits of night workers.  keep the ceilings of the additional work.  Provides for the possibility of paying compensatory rest time rules concerning additional work provided in business day, on a day of rest or on a holiday can be removed by collective labour regulation instrument setting out the compensation for the provision of additional work by equivalent reductions in working hours, payment of money or both.  17 Provides that the worker, on its own initiative and with the agreement of the employer, may have to work absences are paid, offsetting them with work that, in such cases, it is not considered additional work.  the minimum duration of rest periods, daily, weekly and yearly.  holidays remains the rule to increase the duration of the holiday period if the employee does not have missed or have registered only justified absences the vacation year report, clarifying that it is considered as effective working time the period of enjoyment of the parental leave.  Elimination of restrictions on the duration and the time of the closure of the undertaking or establishment for vacation.  It is expected, for the cases of termination of contract during the calendar year subsequent to the admission or when the duration is not more than 12 months, a new rule for calculating the total of vacation or the corresponding compensation to which the employee is entitled, clarifying that this cannot exceed the proportional to the annual holiday period, taking into account the duration of the contract.  fouls qualifies as justified due to lack movement the establishment of education responsible for education of less because of the educational situation of this, for the time strictly necessary, up to 4 hours per quarter, for each child.  qualify as justified the lack of a candidate for political office, in accordance with the corresponding electoral law.

 18 provides for the possibility to remove the provisions relating to the grounds of justification of faults and its duration, in relation to employee elected to collective representation of workers structure, through collective labour regulation instrument or contract of employment, since more favourable to the worker.  Enshrines the right of the worker to work up to 15 days per year to provide urgent and indispensable assistance in case of illness or accident, in addition to the spouse or person living in consensual union or common economy with the employee, relative or entry on a straight line up, not requiring membership at the same household , or on the second degree of the collateral line. Temporary reduction of normal working period or suspension of the employment contract by the employer that the  vocational training, attending by workers during the period of reduction or suspension, you must orient yourself to the viability of the company and the maintenance of jobs, or the development of professional qualification of workers increase their employability. Termination of the employment contract) Dismissal due to the fault of the worker  the prohibition on dismissal without just cause or for political or ideological reasons.  the inalterability of the termination of the employment relationship, in the sense of not being able to be away for collective labour regulation instrument or contract of employment, except as regards the compensation definition criteria, procedure and periods of notice and how the values of compensation, which may, within the limits established by the labour code be regulated by collective labour regulation instrument.


 19 Resets the list of procedures for termination of contract of employment, to provide for: (a) expiry); b) repeal; c) dismissal due to the fault of the worker; d) collective redundancies; and) dismissal for extinction of workstation; f) dismissal for inadequate; g) resolution by the worker; h) complaint by the employee.  the concept of just cause for dismissal.  the requirement of note, accompanied by a communication to the Commission of workers and, in the case of the worker be a Union representative, the Union Association. The consecration of the principle audi alteram partem, made explicit through the guarantees of the right to consult and process of the right of reply to the note of guilt, chance for the employee to deduct in writing to understand that is to defend and promote the endeavours to use its that is suitable for the establishment of the truth. Allows also the worker decides that the opinion about the process is issued by certain trade union association, in replacement of the Commission.  Eliminates the compulsory nature of education, fit to the employer to decide on the conduct of due diligence required in response to the note probative of guilt, except in the case of dismissal respect the pregnant worker, who has recently given birth or breastfeeding.  Requires that, in the case of employer choose not to perform the due diligence required by the worker, supporting the decision can only be taken after five working days after receipt of the opinion of the employees ' representatives or the period or, if there is no Committee of workers and the worker is not a Union representative, following receipt of the response to the note of guilt or the starting time for any time limit for this purpose.

 20 remains the requirement of the decision of dismissal be based and the record of written document, which is communicated by copy or transcription, to the worker, to the workers, or their trade union membership, if that is a Union representative.  Aggravate the offences referred to the violation of rules of dismissal procedure due to the fault of the worker, going from serious to very serious, in the case of this being a Union representative. b)  collective redundancy is reduced to five days after the date of the initial communication the term for an employer promote a phase of information and negotiation with the representative structure of workers, with a view to an agreement on the extent and effects of the measures to be applied, as well as other measures that reduce the number of workers to be made redundant.  Establish new time limits for notice in the event of collective redundancy: a) Fifteen days in the case of an employee with seniority of less than one year; b) 30 days in the case of an employee with seniority of not less than one year and less than five years; c) 60 days in the case of an employee with seniority of not less than five years but less than 10 years; d) 75 days in the case of an employee with seniority of not less than 10 years.  Clarifies that it is not subject to the minimum period of notice of collective dismissal, the contract ceases after 60 days of the date of notification of dismissal and the employer pay compensation corresponding to this period.

21 dismissal for extinction of the workstation  established periods of notice equal to those which are fixed for the collective redundancy. Dismissal for inadequate  established periods of notice equal to those which are fixed for the collective redundancy. Unlawfulness of dismissal  dedicates as unlawful dismissal general basis the previous opinion request not by the employer to the competent authority in the area of equal opportunities between men and women in case of pregnant worker, worker who has recently given birth or breastfeeding or during the initial parental leave, in any of its modalities.  dedicates as grounds of unlawfulness of collective redundancy the employee application of discriminatory criteria in the selection of the workers to be made redundant.  reduced to 60 days the period to be initiated judicial assessment of unlawful action of dismissal from the receipt of notification of dismissal.  dedicates the deadline of 60 days to bring the legal action of assessing the lawfulness of dismissal.  Enshrines the principle that the Court should rule on the verification and origin of the pleas in law to the dismissal, without prejudice to the consideration of formal defects.

 22 Establishes that, in the event of unlawful dismissal, reinstatement of the worker in the same establishment will be of the company, without prejudice to its category and seniority.  dedicates that, in the event of unlawful dismissal, the employee option compensation in lieu of reinstatement shall be made until the end of the discussion on the end of trial.  clarified the criterion of the degree of unlawfulness relevant to graduate the substitutionary compensation reintegration.  dedicates that where occur mere irregularity form in deficiency of procedure that does not determine the unlawfulness of dismissal if they are from the reasons justifying the dismissal, the employee is only entitled to compensation corresponding to half of the amount for which you could choose in the event of unlawful dismissal.  Eliminates the possibility of reopening of the disciplinary proceedings, in cases where it is not certain the unlawfulness of dismissal due to the verification of mere irregularity founded in disability. Subject:  Between the structures of collective representation of workers, shall be expressly referred to the workers ' representatives for safety and health at work and alludes to other structures provided for in specific laws, such as the Council of workers in the European company or European cooperative society.  the convocation of general meeting of trade union membership or Association of employers is communicated in writing to all members, in place of its publication on paper,


 23 Provides that the statutes of workers ' committees, coordinating committees, unions and employers ' associations are delivered, for the record, in electronic document, in order to facilitate the electronic edition of the Bulletin of labor and employment.  in the context of the assessment of the legality of the Statute of collective representation structures of workers and of employers ' associations, the relevant Department of the Ministry responsible for labour, if the statutes contain provisions contrary to law, notifies the organization concerned in order to be able to change the same provisions, within 180 days before sending the reasoned judgement on the legality of the Statute to the public prosecutor at the Court of competent jurisdiction.  in the same scope, it is expected that, if the articles of association contain provision contrary to law, action will be aimed at judicial declaration, not the Association, but for a declaration of invalidity of that provision if the substance concerned is governed by mandatory law or if the same is not essential to the functioning of the organization.  Determines that the statutes of trade union associations, associations of employers, workers and coordinating committees committees in effect on the date of entry into force of this law which are not in accordance with the scheme set out in the labour code must be revised within three years; the assessment of the legality of these statutes shall apply the regime established in the labour code.  Provides for voluntary extinction of Trade Union or employers ' Association Association a procedure analogous to that of the Constitution, leading to the judicial deliberation of revocation which, in the case of noncompliance with the law or the statutes, can lead to judicial declaration of nullity of the resolution.  24 under the right to information and consultation of trade union delegates, stay away except for the settlement with less than 20 workers belonging to medium or large enterprise, to adapt the system to the provisions of Directive No. 2002/14/EC of the European Parliament and of the Council of 11 March. Collective labour regulation instruments  Provides that the contract of employment, when set more favourable conditions for the worker can always back off provisions of collective labour regulation instrument, eliminating the possibility of this prevent the prevalence of more favorable employment contract.  Establishing a procedure of assessment based on the legality, in the field of equality and non-discrimination, the provisions of collective agreements and arbitration awards, subsequent to its publication, which can lead to a judicial declaration of the invalidity of those provisions in proposed action by prosecutors; the discriminatory provisions null and void shall be deemed to be replaced by more favourable provisions applicable to workers generally.  Maintains that there is no time limit for the submission of proposed revision of a collective agreement to provide that the receiving entity may refuse to negotiate before six months elapse of term of the Convention and shall inform the applicant within 10 working days.  with regard to the conclusion of a collective agreement, maintains that this can be signed by person holding written mandate empowered to hire, which must be awarded by the Trade Union or Association of employers Association, in accordance with their respective statutes.  allows the unions give other structure of collective representation of the workers empowered to contract with a company with at least 500 employees.  25 Provides that a collective agreement must regulate the effects which flow from it, in case of forfeiture in respect of workers covered by the same, until the entry into force of another collective labour regulation instrument.  the consolidated text that must accompany the third partial revision of a Convention for consecutive effect of deposit, is signed in the same terms of the Convention, and, in case of divergence, prevails over the text to which it relates.  the collective agreement and the consolidated text should be delivered in electronic document, in order to facilitate the electronic edition of the Bulletin of labor and employment.  allows the worker not affiliated in any trade union association choose as applicable a collective agreement or arbitral award applicable within the company, and that such application shall cease if the worker is covered by another Convention concluded by Trade Union Association in which subsequently join.  the collective agreement determines that the non-Union worker that the choice as applicable pay certain amount to Gewerkschaftsbund celebrant, the title trading charges subsidy scheme.  with regard to the period of validity of the collective agreement, it is envisaged that this force for the period which the record or, failing that, for a period of one year, and that it is renewed in accordance with the procedure laid down therein or for successive periods of one year.  Provides that any party may denounce the collective agreement, by written communication addressed to the other party, provided that it is accompanied by the proposal for a comprehensive review; However, it is not considered the complaint merely proposed revision of the Convention.

 26 regarding sobrevigência and expiry of a collective agreement establishes that the Convention clause that do depend on the termination of this substitution for other instrument shall lapse after five years on the last integral publication of the Convention, the denunciation of the Convention or the proposed revision of the Convention, including the revision of the said clause.  Provides for a transitional regime applicable to previous collective agreement containing clause that do depend on the termination of their term of replacement by other instrument, according to which the Convention, if revocation has not occurred earlier ceases its effects on the date of entry into force of this law, the following facts: i) the last integral publication of the Convention containing such a clause has come into force at least five years; II) the Convention has been denounced validly under the labour code; III) at least 18 months have elapsed from the date of termination; IV) there has been no review of the Convention after the complaint. The Convention concerned expires, all other facts as soon as 18 months under the complaint.  Provides, in conjunction with the expiry of collective agreements, the necessary arbitration institution, to determine if, after the expiry of one or more collective agreements applicable to a company, group of companies or sector of activity, not be celebrated new Convention in 12 months and there is no other Convention applicable to at least 50% of the employees of the same company , group of companies or sector of activity; the arbitration required can be requested by any of the parties in the 12 months following the expiry of a period of 12 months after the expiry of the Convention.  27 with regard to binding arbitration, the same can be determined at the request of either party only in the case of conflict resulting from the conclusion of the first Convention.  the extension of a collective agreement or arbitral award passes can take place within the same sector of activity and professional, in diverse area of that instrument, although this trade union association exists or Association of employers; keep-if, however, the rule resulting from the system of competition instruments according to which the extension does not apply within the framework of other existing conventions as well as the procedure does not cover workers or employers when their representative associations so request.  reduced from 15 to 10 days after the request, the time limit for initiating the procedure of conciliation of collective labour disputes.  Establishes that the examination of the application of collective labour conflicts mediation and appointment of mediator must take place within 10 days. In line with the prediction that the collective agreement set the services necessary for the safety and maintenance of equipment and installations and the minimum essential services to occur to the satisfaction of inescapable social needs, the Convention dispense notice of strike to contain proposal on the same services, and in this case to identify properly the Convention concerned.  under the exception to the prohibition of replacement of strikers in case of failure to comply with minimum services, the company hired to perform tasks of workers on strike must restrict their activities to the strict extent necessary for the provision of such services.


 28 Provides that, in respect of the negotiation of minimum services to render during the strike, if for two previous strikes substantially identical, definition of minimum services by arbitration with the same content, the competent service of the Ministry responsible for labour area must propose to the parties to accept this definition, and the eventual rejection of the record of the minutes of the trading.  It is expected that, once certain minimum services to be provided during the strike, workers ' representatives designating workers attached to the provision of such services must, within this period, inform the employer.  Provides that the provisions of collective labour regulation instrument contrary to mandatory rules of the labour code should be amended in the first revision which occurs within 12 months after the entry into force of the law, under penalty of nullity.

 labour administrative offences in the area of subject liable for labour breaches, it is expected that the employer is responsible for administrative offense practiced by its servants in the performance of their duties.  in the framework of the strengthening of penalties, it is expected that, in the case of very serious or ordering of recidivism in serious infraction, practised with intent or gross negligence, be applied to the accessory sanction of publicity agent, and that, taking into account the effects compensated for the employee or the economic benefit withdrawn by the employer with the non-compliance, may still apply the penalties of prohibition of activity on the establishment , plant or shipyard where the infringement is established, for a period of up to two years or deprivation of the right to participate in public tenders or arrematações, for a period of up to two years.  29 Provides that the accessory penalty of advertising can be dismissed, considering the circumstances of the offence, if the agent has paid the fine immediately is convicted and if you have not practiced any serious or very serious infraction in the five previous years.  the advertising consists of the accessory sanction inclusion in public record, available on the website of the competent inspection service of the Ministry responsible for labour area, an extract with the characterization of a misdemeanour, the norm violated, the identification of the offender, the sector of activity, the place of offence and the penalty imposed. This proposal, to be submitted to Parliament, aims to create in Portugal a new compromise between labour rights and duties, based on a more effective regulatory framework and the development of the role of the social partners on social and economic regulation, and reflects the measures contained in the agreement reached with the social partners in Social dialogue. Must be heard the Government organs of the autonomous regions, as well as the National Commission on Data Protection, and shall ensure all procedures necessary for ensuring the participation of workers ' and employers ' representative structures, in compliance with the provisions of articles 524.º and following of the labour code and of subparagraph (a)) of paragraph 2 of article 56 of the Constitution. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 30 article 1 Approval of the labour code is adopted the labour code, which is published in the annex to this law and it is an integral part. Article 2 transposition of Community directives the labour code transposing to the internal legal order, in whole or in part, the following directives: the) Council Directive No. 91/533/EEC of 14 October, concerning the obligation of the employer to inform the worker about the conditions applicable to the contract or employment relationship; b) Directive No. 92/85/EEC of 19 October 1999 on the introduction of measures to encourage improvements in the safety and health of pregnant workers, workers who have recently given birth or are breastfeeding; c) Directive No. 94/33/EC of the Council of 22 June, on the protection of young people at work; d) Directive No. 96/34/EC of 3 June, on the framework agreement on parental leave concluded by the Union of the Confederations of industry and employers of Europe (UNICE), the European Centre of enterprises with public participation (CEEP) and the European Trade Union Confederation (ETUC); e) Directive No. 96/71/EC of the European Parliament and of the Council of 16 December, concerning the posting of workers in the framework of the provision of services; f) Directive No. 97/81/EC of 15 December, concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC; 31 g) Directive 98/59/EC of the Council of 20 July, on the approximation of the laws of the Member States relating to collective redundancies; h) Directive 1999/70/EC, of 28 June, the ETUC framework agreement, UNICE and CEEP on fixed-term work; I) Directive No. 2000/43/EC of 29 June, which applies the principle of equal treatment between persons irrespective of racial or ethnic origin; j) Directive No. 2000/78/EC of 27 November, which establishes a general framework for equal treatment in employment and occupation; l) Directive 2001/23/EC of 12 March, on the approximation of the laws of the Member States relating to the safeguarding of employees ' rights in the event of transfer of undertakings or businesses, or parts of undertakings or businesses; m) Directive 2002/14/EC of the European Parliament and of the Council of 11 March, establishing a general framework for informing and consulting employees in the European Community; n) Directive No. 2003/88/EC of the European Parliament and of the Council of 4 November, concerning certain aspects of the organisation of working time; Directive 2006/54)/CE, of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal treatment between men and women in matters of employment and occupation (recast). Article 3 of self-employed work less 1-the minor under the age of 16 years cannot be hired to perform gainful employment provided with autonomy, except if you have completed compulsory education, and in the case of light work.

32 2-the conclusion of the contract as provided for in the preceding paragraph shall apply the General rules provided for in the Civil Code. 3-considered to be light work for the purposes of paragraph 1 those who are set for the contract of employment concluded with a minor. 4-To less than activities with autonomy established limitations apply to the contract of employment concluded with a minor. Article 4 accidents at work and occupational diseases 1-the scheme for accidents at work and occupational diseases, provided for in articles 282 and 283.º of the labour code, mutatis mutandis, also apply: a) the practitioner, apprentice, trainee and other situations that should be considered for vocational training; (b)) the administrator, director, Manager or treated as such, without an employment contract, to be remunerated for such activity; c) the service provider without subordination, which develops its activity in economic dependence, in accordance with article 11 of the labour code. 2-the employee engaged in self-employment must be insured to guarantee the payment of benefits provided for in articles listed in the preceding paragraph and its regulatory legislation.

33 article 5 working time Regime the provisions of subparagraph (a)) of paragraph 2 of article 196.º of the labour code does not apply until the entry into force of collective agreement providing for the issue, keeping in force during that period, as provided for in article 1 of law No. 21/96, of July 23, and a) of paragraph 1 of article 2 of Act No. 73/98 of 10 November. Article 6 obligations of State vocational training 1-it is for the State to ensure citizens ' access to vocational training, allowing all the acquisition and the permanent updating of knowledge and skills, since the entry into working life, and to provide public support for the operation of the vocational training system. 2-it is incumbent upon the State, in particular, ensure the initial qualification of young people wishing to join the labour market, qualification or the retraining of the unemployed, with a view to its rapid entry into the labour market, and promote the socio-professional integration of groups with particular difficulties of insertion, by developing special vocational training. Article 7 Application in time 1-Without prejudice to the provisions of this article and in the following, shall be subject to the scheme of the labour code approved by this law employment contracts and the collective labour regulation instruments concluded or adopted before the entry into force of the Act, except for the conditions of validity and effects of facts or situations fully passed previously to that moment.

34


2-the provisions of collective labour regulation instrument contrary to mandatory rules of the labour code should be amended in the first revision which occurs within 12 months after the entry into force of this regulation, under penalty of nullity. 3-the provisions of the preceding paragraph shall not validates the provisions of collective labour regulation instrument void under the legislation repealed. 4-the structures of collective representation of workers and employers established before the entry into force of the Labour Code shall be subject to the regime established therein, except as regards the conditions of validity and effects related to its creation or modification. 5-the regime established in the labour code, annexed to this law, does not apply to situations established or initiated before its entry into force and concerning: the trial period duration); b) periods of prescription and limitation; c) procedures for applying sanctions, as well as for termination of an employment contract; d) duration of fixed-term employment contract. Article 8 review of existing statutes 1-the statutes of trade union associations, associations of employers, workers and coordinating committees committees in effect on the date of entry into force of this law which are not in accordance with the scheme set out in the labour code must be revised within three years.

35 2-after the period referred to in the preceding paragraph, the competent service of the Ministry responsible for labour comes to area based on the legality of the Statute which have not been reviewed and, if there are provisions contrary to law, notifies the structure in question for this change the statutes within 180 days. 3-if there is change of statutes in the period referred to in the preceding paragraph, shall apply the provisions of the labour code. 4-If there is no change of statutes in the period referred to in paragraph 2, the service it mentioned refers to the public prosecutor in the Court reasoned judgement on the legality of the same, for the purposes set out in paragraphs 8 and 9 of article 445.º of the labour code. 5-If the assessment based on the legality of the Statute concludes that there are no provisions in conflict with the law, the case is referred to the public prosecutor. Article 9 transitional Regime of sobrevigência and expiry of a collective agreement 1-specific arrangements are hereby introduced for expiry of the collective agreement which included a clause that do depend on the cessation of validity of replacement by other instrument of collective labour regulation, in accordance with the following paragraphs. 2-the collective agreement shall expire on the date of entry into force of this law, the following facts: a) the last integral publication of the Convention containing the clause referred to in paragraph 1 have entered into force for at least five years; (b)) the Convention has been denounced validly under the labour code; c) at least 18 months have elapsed from the date of termination; d) there has been no review of the Convention after the complaint. 36 3-the Convention referred to in paragraph 1 also expires, all other facts as soon as 18 months under the complaint. 4-the provisions of paragraphs 2 and 3 shall be without prejudice to the recognition of the expiry of this Convention the previous time. 5-the notice on the date of the termination of the Convention is published: the Record, if you have been) application whose dismissal has been founded earlier only in the existence of the clause referred to in paragraph 1; b) dependent on application, in other cases. Article 10 autonomous regions 1-In application of the labour code to the autonomous regions are taken into account the legal powers granted to the respective agencies and regional services. 2-in the autonomous regions, the publications are made in the respective series of official journals. 3-in the autonomous regions, the regulation of the conditions of admissibility for issuing ordinances and janitors working conditions it is up to the respective regional Legislative Assemblies. 4-the autonomous regions may provide, in accordance with its traditions, other holidays, in addition to those provided for in the labour code, since that match the usages and established practices. 5-the autonomous regions may also regulate other labour matters set out in the respective political-administrative statutes.

37 article 11 set-1 Standard Are revoked:) the law No. 99/2003 of 27 August, as amended by law No. 9/2006, of March 20, and by law No. 59/2007; b) Law No. 35/2004, of 29 July, as amended by law No. 9/2006, of March 20, and by Decree-Law No 164/2007 of 3 may; c) points (d)) f) of article 2, paragraphs 2 and 9 of article 6, paragraphs 2 and 3 of article 13, the articles 7, 14 to 40, 42, 44 in part on offences for violation of regulations repealed and paragraph 1 and points (a) to (d)) and e) of paragraph 2 of article 45, all of the law No. 19/2007 , May 22. 2-the repeal of the following provisions of the Labour Code shall take effect from the entry into force of the Royal Decree regulating the same matter: the) Articles 272 to 312, on safety, hygiene and health at work, accidents at work and occupational diseases, in part not mentioned in the current wording of the code; b) Article 344, on reimbursement on retributive compensation; c) 471.º the 473.º Articles on European works councils; d) Articles 569 and 570.º, on appointment of arbitrators to binding arbitration and arbitrators; and 630.º to 640.º, Articles) about contravention procedure. 3-the repeal of articles 34 to 42 and article 50 of the labour code, articles 68 to 77, and articles 99 to 106 of Act No. 35/2004, of 29 July, on protection of motherhood and fatherhood shall take effect from the entry into force of the legislation governing the social protection regime in parenting.

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4-the repeal of Articles 414.º, 418.º, 430.º, 435.º, of paragraph 2 of article 436.º and paragraph 1 of article 438 of the code of labour shall take effect from the entry into force of the revision of the code of labour procedure. 5-the repeal of the following provisions of Act No. 35/2004, of 29 July, as amended by law No. 9/2006, of March 20, and by Decree-Law No. 164/2007, of May 2, shall take effect as from the entry into force of the Royal Decree regulating the same matter: a) articles 14 to 26, about work at home; b) Articles 41 to 65, about protection of the genetic heritage; c) Articles 84 to 95 on protection of pregnant worker, who has recently given birth or breastfeeding; d) Articles 103 to 106, about social security scheme in several licenses, faults and layoffs; and Articles 107 to 113), about schemes applicable to public administration; f) Articles 115 to 126, minor protection at work; g) Articles 139 to 146, on participation of minor in show or other cultural activity, artistic or advertising; h) Articles 155 and 156, on specifics the frequency of educational establishment by working and studying, including where applicable the self-employed and the student, and the student-worker status, is in a situation of involuntary unemployment, enrolled in job centre; I) Articles 165 to 167 and 170, on vocational training; j) Article 176, about operating period; l) Articles 191 to 201 and 206, on verification of disease; 39 m) 212.º the Articles 280, on health and safety at work; n) Articles 310 to 315, on suspension of executions; 317 Articles) to 326, on Wage guarantee fund; p) Articles 365.º to 395.º, on European works councils; q) Articles 407 to – 449, on binding arbitration and arbitration of minimum services; r) 452.º the 464.º, Articles about map of workforce and social balance; s) 494.º the 499.º Articles on the Commission for equality in Work and employment, in part not repealed by Decree-Law No. 164/2007, of May 3. 6-the sanctions regime set out in the labour code does not revoke any provision of the criminal code. Article 12 Application of the initial parental and adoption the ongoing situations 1-the licenses provided for in (a)), b) and (c)) of article 40 and article 45 shall apply to workers who are making fun of leave for maternity, paternity and adoption in accordance with article 35, subparagraph (c)) of paragraph 2 of article 36, and article 38 of the Labour Code adopted by law No. 99/2003 , of 27 August, and pursuant to article 68, paragraph 3 of article 69 and article 71 of Law 35/2004, of 29 July, including for the purpose of those licenses, the leave periods have elapsed. 2-for the purposes of the preceding paragraph, the workers should inform their employers in accordance with the procedures laid down in those articles, within 15 days following the entry into force of the legislation governing the social protection regime in parenting. Article 13 entry into force 1-this law shall enter into force on 1 January 2009. 40 2-paragraphs 1, 3 and 4 of Article 355.º, articles 357, 381.º and 386.º, paragraph 2 of article 387.º and paragraph 1 of article 389.º shall enter into force on the date of beginning of validity of legislation to carry out the revision of the code of labour procedure 3-articles 35 to 62 come into force on the date of commencement of validity of the legislation governing the social protection regime of parenting.

Seen and approved by the Council of Ministers of 26 June 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 41 BOOK part I title I General sources and application of labour law Chapter 1 Sources of labour law article 1 specific Sources the employment contract is subject in particular to the collective labour regulation instruments as well as the industrial uses that do not contradict the principle of good faith. Article 2 collective labour regulation instruments 1-The collective labour regulation instruments can be negotiated or not negotiated. 2-The collective labour regulation instruments negotiated are the collective agreement, the membership agreement and the arbitration award in arbitration proceedings. 3-collective agreements can be: a) collective bargaining agreement, the Convention concluded between Trade Union and employers ' Association Association; b) collective agreement, the Convention concluded between Trade Union Association and a plurality of employers for different companies;

42 c) Enterprise Agreement, the Convention concluded between Trade Union Association and an employer for an undertaking or establishment. 4-The collective labour regulation instruments negotiating are not the extension Ordinance, Ordinance of working conditions and the award in binding arbitration process. Article 3 relationship between sources of regulate 1-regulatory standards of employment contract can be removed by collective labour regulation instrument, except when them work otherwise. 2-The regulatory standards of employment contract cannot be removed by order of working conditions. 3-The regulatory standards of employment contract can only be removed by instrument of collective labour regulation that, without opposition from those norms, has more favourable to the workers when they respect the following matters: the) personality Rights, equality and non-discrimination; b) Protection on parenting; (c)) Work of minors; d) Employee with reduced working capacity, with disabilities or chronic illness; and student-worker); f) duty of the employer; g) limits on the length of periods of normal daily and weekly work; h) minimum duration of rest periods, including holidays; 43 i) maximum working of night workers; j) form of compliance and assurance of retribution; l) safety and health at work; m) accidents at work and occupational diseases; n) Transmission of business or establishment; the) rights of the elected representatives of workers. 4. The regulatory standards of employment contract can only be removed by individual contract that establishes more favourable conditions for the worker, it doesn't work the other way around. 5. where a legal standard regulating contract of employment determines that it may be sidelined for collective labour regulation instrument means that it can't be by contract of employment. CHAPTER II implementation of the labor law article 4 law applicable to the employment contract 1-the employment contract shall be governed by the law chosen by the parties. 2-in the absence of choice of applicable law, the contract of employment is governed by the law of the State with which has a closer connection. 3-in determining the most closely connected, as well as other circumstances, answer: a) the law of the State in which the worker, in the fulfilment of the contract, usually their work, even when the pay temporarily in another State; b) the law of the State in which is situated the establishment where the employee was hired, if this sucks usually their work in the same State. 44 4-the criteria set out in the preceding paragraph may not be met when the set of circumstances applicable to the situation, showing that the employment presents a closer connection with another State, in which case it will apply its law. 5-Being applicable to certain State law by virtue of the criteria set out in the preceding paragraphs, can be given to the mandatory rules of the law prevalence of another State with which the situation has a close connection if and in so far as, under the law of the latter State, these provisions are applicable, regardless of the regulatory law of the contract. 6-for the purposes of the preceding paragraph shall take into account the nature and the subject of mandatory provisions as well as the consequences of both the application and the non-application of such provisions. 7-the choice by the parties of the law applicable to the employment contract cannot result in depriving the employee of the protection to ensure that the mandatory legal norms governing the employment contract, if the Portuguese law applicable in accordance with paragraph 2. Article 5 equal treatment of foreign worker or stateless person Without prejudice established as to the law applicable to the posting of workers and of the provisions of the following article, the foreign worker or stateless person who is authorised to exercise a professional activity subject in Portuguese territory enjoy the same rights and is subject to the same duties of the worker with Portuguese nationality.




45 article 6 form and content of contract with foreign worker or stateless person 1-the employment contract concluded with a foreign worker or stateless person is subject to the written form and must contain, without prejudice to any other liability in the case of the term, the following information: a) Identification, signatures and domicile or seat of the parties; b) reference to the work visa or the residence permit or residence of the worker in Portuguese territory; c) activity of the employer; d) contracted Activity and retribution of the worker; and Local and normal period); f) Value, frequency and method of payment of the consideration; g) dates of conclusion of the contract and the beginning of activity. 2-the worker must still attach to the identification and address of the person or persons in receipt of a pension in case of death resulting from an accident at work or occupational disease. 3-the employment contract shall be drawn up in triplicate, giving the employer a copy to the employee. 4-copy of contract to stay with the employer must have attached supporting documents of legal obligations relating to entry and residence or residence of foreign citizens stateless in Portugal, being attached copies of the same documents to the remaining copies. 5-the employer shall inform the competent inspection service of the Ministry responsible for labour area, through electronic form: 46 a) the conclusion of a contract of employment with worker alien or stateless person, prior to the commencement of its implementation; b) cessation of contract, in 15 days later. 6-the provisions of this article shall not apply to the employment contract of national citizen country member of the European economic area or of another State which enshrines equality of treatment with national citizen free exercise of professional activity. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 3, 4 or 5. Article 7 Posting in Portuguese territory 1-shall be considered subject to the system of posting the following situations, in which the worker hired by an employer established in another Member State, its activity in Portuguese territory: a) In execution of the contract between the employer and the person who carries out the function, since the worker remains under the authority and direction of that; b) In establishing the same employer or another employer company with which there is a relationship of reciprocal holdings corporate, group or domain; c) to a user, to the provision which was placed by temporary-work agency or another company. 2-the scheme is also applicable to the posting made in the situations referred to in points (a) and (b))) the preceding paragraph for a user established in another State, under their national legislation, provided that the contract of employment remaining during the deployment.

47 3-posting scheme in Portuguese territory shall not apply to Merchant Navy seafarers. Article 8 working conditions of posted worker 1-Without prejudice to more favourable regime contained in law or contract of employment, the posted worker has the right to working conditions provided for in the law and in collective labour regulation of overall effectiveness applicable to: a) job security; b) maximum duration of working time; c) minimum rest periods; (d)); and minimum wage and payment) of extra work; f) workers by providing temporary employment business; g) occasional Providing workers; h) safety and health at work; I) Protection on parenting; (j) Protection of minors); l) equal treatment and non-discrimination. 2-for the purposes of the preceding paragraph: a) integrates the minimum wage subsidies or allowances allocated to the worker because of the posting which do not constitute expenses incurred, including travel, accommodation and meals;

48 b) The vacation, minimum wage and the payment of additional work are not applicable to the secondment of skilled worker by supplier, to perform Assembly or initial installation essential to its operation, since the same is part of the supply contract and its duration does not exceed eight days within a year. 3-the provisions of paragraph b) of the preceding paragraph does not cover the deployment in construction activities aimed at realization, repair, maintenance, modification or elimination of constructions, including excavations, embankments, construction, Assembly and disassembly of prefabricated elements, arrangement or equipment installation, transformation, renewal, repair, preservation or maintenance, in particular painting and cleaning, dismantling, demolition and sanitation. Article 9 Secondment to another State 1-a worker employed by an undertaking established in Portugal, providing activity in the territory of another State in the situation referred to in article 7, entitled working conditions provided for in the previous article, without prejudice to more favourable regime set out in applicable law or of the contract. 2-the employer must communicate with five days in advance, the competent inspection service of the Ministry responsible for labour workers ' identity area to highlight for the foreigner, the user, the workplace, the home and the foreseeable term the movement. 3-light infraction Is violation of the preceding paragraph. Article 10 contract of employment with special arrangements to contract of employment with special regime shall apply the General rules of this code that are compatible with its specificity. 49 article 11 Situations similar legal norms relating to personality rights, equality and non-discrimination and health and safety at work are applicable to situations in which occurs the provision of work for one person to another without subordination, whenever the service provider should consider working on economic dependence of the beneficiary of the activity. TITLE II employment CHAPTER I General provisions section I article 12 employment contract Notion of an employment contract labour Contract is that by which a natural person is obliged, upon return, to provide its business to another or other persons, within the framework of the Organization and under the authority of these. Article 13 Presumption of employment contract 1-it is assumed the existence of an employment contract when, in the relationship between the person providing an activity and another or others who benefit, if some of the following characteristics: a) the activity is held in place in the recipient or determined by him; 50 b) equipment and instruments used belonging to the beneficiary of the activity; c) the activity provider note start times and the end of the provision, as determined by the beneficiary; d) is paid, with determined periodicity, a right amount to the supplier, in return for the same; and the activity provider) carries out the function of direction or leadership in the organisational structure of the company. 2-very serious infraction Constitutes the provision of business, so apparently, in terms of contract of employment characteristics, which can cause injury to the employee or to the State. 3-In case of recidivism, the penalty applies deprivation of the right accessory the allowance or benefit granted by entity or public service for a period of up to two years. 4 – for payment of the fine, are jointly and severally liable employers, companies with this are in reciprocal shareholdings relationships, domain or group, as well as the Manager, administrator or director, under the conditions referred to in article 333.º and paragraph 2 of article 334. SECTION II Subject SUBSECTION I General Principle about article 14 Capacity capacity the capacity to conclude an employment contract shall be governed under the general terms and the provisions of this code.

51 SUBSECTION II personality Rights article 15 freedom of expression and opinion is recognized, within the company, freedom of expression and dissemination of thought and opinion, with respect for the rights of worker and employer's personality, including natural persons who represent, and the normal operation of the company. Article 16 physical and moral integrity of the employer, including natural persons who represent, and the worker shall enjoy the right to their physical and moral integrity. Article 17 the intimacy of private life 1-the employer and the worker must respect the personality rights of the counterparty, with them, namely, save as to reserve private intimacy. 2-the right to privacy and private life covers either the access or the dissemination of aspects linked to the intimate and personal sphere of the parties, in particular related to family life, affective and sexual, with the State of health and political and religious convictions.


52 article 18 1-protection of personal data the employer cannot require the job applicant or employee to provide information relating to: (a)) to his private life, except when these are strictly necessary and relevant to assess its suitability with regard to the implementation of the employment contract and is provided in writing the reasons therefor; (b)) to their health or pregnancy status, except when individuals requirements inherent in the nature of the professional activity is consistent and is provided in writing the reasons therefor. 2-the information provided for in point (b)) of the preceding paragraph are provided the doctor, who can only communicate to the employer if the worker is able to perform the activity, unless authorized by writing this. 3-the job seeker or a worker there is provided information of personal character enjoys the right to control their personal data and may take note of its content and purpose, as well as require their correction and update. 4-The computer file and access used by the employer for processing of personal data of jobseeker or worker shall be subject to the legislation in force concerning personal data protection. 5-very serious infraction Constitutes the violation of the provisions of paragraphs 1 or 2. Article 19 biometric data 1-the employer can only treat biometric data of the worker after notifying the National Commission for Data Protection. 53 2-biometric data is only allowed if the data are necessary, appropriate and proportionate to the objectives to be achieved. 3-The biometric data are stored for no longer than is necessary for the attainment of the purposes of the processing operation for which they are intended and shall be destroyed at the time of the worker's transfer to another place of work or termination of the employment contract. 4-the notification referred to in paragraph 1 shall be accompanied by the opinion of the Committee of workers or not this available 10 days after the consultation, proof that the request for an opinion. 5-Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 3. Article 20 tests and medical exams 1-in addition to the situations envisaged in legislation on safety and health at work, the employer cannot, for the purpose of admission or permanence in the job, requiring job applicant or employee performing or presentation tests or medical exams, of any nature, for proof of psychic or physical conditions, except when they have as their purpose the protection and safety of the worker or of third parties , or when individuals inherent in the business requirements warrant, and should in any case be provided in writing to the jobseeker or employee the reasons therefor. 2-the employer cannot, under any circumstances, to require the candidate to employment or the employee performing or presentation tests or pregnancy tests. 3-the doctor responsible for tests and medical exams can only communicate to the employer if the worker is able to perform the activity, unless authorized by writing this. 4-Is very serious infraction the breach of the provisions of paragraphs 1 or 2. 54 article 21 surveillance Means the distance 1-the employer cannot use remote means of surveillance in the workplace, through the use of technological equipment, with the purpose of controlling the work performance of the employee. 2-the use of equipment referred to in the preceding paragraph is fair dealing always aimed at the protection and safety of persons and property or when individuals requirements inherent in the nature of the activity so warrant. 3-in the cases referred to in the preceding paragraph, the employer shall inform the employee about the existence and purpose of surveillance used, and in particular post in locations subject the following words, as appropriate: "this site is under surveillance of a closed circuit television» or «this site is under surveillance of a closed circuit television, and the recording picture and sound» , followed by an identifying symbol. 4-Is very serious infraction the breach of the provisions of paragraph 1 and is administrative offense take the breach of the provisions of paragraph 3. Article 22 monitoring means the distance 1-the use of remote monitoring in the workplace is subject to authorization by the National Commission for Data Protection. 2-the authorisation may be granted only if the use of the means is necessary, appropriate and proportionate to the objectives to be achieved.

55 3-personal data collected through the means of remote surveillance are kept during the period is necessary for the purpose of the use for which they are intended and shall be destroyed at the time of the worker's transfer to another place of work or termination of the employment contract. 4-the request for authorisation referred to in paragraph 1 shall be accompanied by the opinion of the Committee of workers or not this available 10 days after the consultation, proof that the request for an opinion. 5-very serious infraction Constitutes the violation of the provisions of paragraph 1 and constitutes a serious infraction the breach of the provisions of paragraph 3. Article 23 Confidentiality of and access to information 1-the worker enjoys the right to reserve and confidentiality with regard to the content of the messages of a personal nature and access to non-professional information to send, receive or see, including through email. 2-the provisions of the preceding paragraph shall not prejudice the power of the employer to establish rules of use of the media, including electronic mail. SUBSECTION III equality and non-discrimination Division I General provisions on equality and non-discrimination article 24 Concepts in the field of equality and non-discrimination 1-for the purposes of this code:


56 a) direct discrimination where, by reason of a factor of discrimination, a person is subject to less favourable treatment than that which is, has been or will be given to another person in a comparable situation; b) indirect discrimination where an apparently neutral provision, criterion or practice is liable to put a neutral person, by reason of a factor of discrimination, in a position of disadvantage compared to others, unless that provision, criterion or practice is objectively justified by a legitimate purpose and the means to achieve it are appropriate and necessary; c) equal work, one in which the functions performed in the service of the same employer are equal or objectively similar in nature, quality and quantity; d) Work of equal value, in which the functions performed in the service of the same employer are equivalent, taking into account in particular qualifications or experience required, assigned responsibilities, physical and mental effort and the conditions under which the work is done. 2-Constitutes discrimination the mere order or instruction aimed at harming someone by a factor of discrimination. Article 25 the right to equal access to employment and work 1-a worker or job applicant has a right to equal opportunities and equal treatment as regards access to employment, vocational training and promotion or career, and working conditions, and may not be privileged, benefited, harmed, deprived of any right or exempt from any duty because in particular, ancestry, age, sex, sexual orientation, marital status, family status, economic situation, education, or social origin genetic heritage, reduced working capacity, disability, chronic disease, nationality, ethnic origin or race, territory of origin, language, religion, political or ideological beliefs and trade union membership. 57 2-the right referred to in the preceding paragraph, namely: a) the selection criteria and recruitment conditions, in any sector of activity and at all levels; b) access to all types of guidance, training and retraining of any level, including the acquisition of practical experience; (c) the remuneration and other benefits) of assets, promotion at all levels and criteria for selection of workers to be made redundant; d) membership or participation in structures of collective representation, or any other organisation whose members carry out a particular profession, including the benefits for them. 3-the preceding paragraphs shall not affect the application: a) legal provisions concerning the exercise of a professional activity by a foreigner or stateless person; b) Of provisions concerning the special protection of genetic heritage, pregnancy, parenting, adoption and other situations relating to the reconciliation of work with family life. 4-the employer must post in the company, in an appropriate place, the information on the rights and duties of the worker in the field of equality and non-discrimination. 5-very serious infraction Constitutes the violation of the provisions of paragraph 1 and constitutes an administrative offence take violation of paragraph 4. Article 26 Prohibition of discrimination 1-the employer cannot practice any discrimination, direct or indirect, on the basis in particular of the factors referred to in paragraph 1 of the preceding article.

58 2-does not constitute discrimination based on behavior factor of discrimination which constitutes a justifiable and decisive requirement for the exercise of professional activity, due to the nature of the activity in question or the context of their implementation, with the aim to be legitimate and the requirement proportionate. 3-Are in particular allowed differences of treatment based on age are appropriate and necessary to achieve a legitimate objective, namely employment policy, the labour market or vocational training. 4-the legal provisions or collective labour regulation instruments which justify the conduct referred to in the preceding paragraph should be evaluated periodically and if magazines are no longer applicable. 5-Fit the who claims discrimination indicate the worker or workers from the who considers himself to be broken down, leaving it to the employer to prove that the difference in treatment is not based on any factor of discrimination. 6-the provisions of the preceding paragraph is particularly applicable in the case of invocation of any discriminatory practice in access to employment or vocational training or working conditions, in particular by reason of dismissal for prenatal consultation, protection of the safety and health of pregnant worker, who has recently given birth or breastfeeding, parenting leave or absences for assistance to minors. 7-is invalid the retaliatory act that harms the worker as a result of rejection or submission to discrimination. 8-Is very serious infraction the breach of the provisions of paragraphs 1 or 7. Article 27 Rules contrary to the principle of equality and non-discrimination 1-the provision of collective labour regulation instrument or company internal rules establish profession or Professional category with respect specifically to workers of one or other of the sexes is considered applicable to workers of both sexes. 59 2-the provision of collective labour regulation instrument or company internal rules establish working conditions, including remuneration, applicable only to workers of one or other of the sexes to Professional category corresponding to equal work or work of equal value shall be deemed to have been replaced by the more favourable provision applicable to workers of both sexes. 3-the preceding paragraphs shall apply to provision contrary to the principle of equality on the basis of another factor of discrimination. 4-the status of representative organization of employers or of workers that restrict access to employment, occupation, vocational training, working conditions or professional career exclusively to workers of one or other of the sexes, outside the cases referred to in paragraph 2 of article 26, and those provided for in specific law arising from the protection of the genetic heritage of the worker or of his descendants It is considered applicable to workers of both sexes. Article 28 positive action measure for the purposes of this code, it is not considered discrimination legislative measure of limited duration which benefits certain group, disadvantaged because of discrimination factor, with the aim of ensuring the exercise, on an equal footing, of the rights provided for in the law or correct situations of inequality that persist in social life. Article 29 compensation discrimination discrimination harmful practice of worker or job applicant gives you the right to compensation for damage of assets and equity, not in accordance with law.

60 DIVISION II Prohibition of harassment article 30 1 Harassment – harassment means unwanted behaviour, in particular the discrimination factor-based, practiced on access to employment or self-employed, work or vocational training, with the purpose or effect of disrupting or embarrass the person, affect their dignity, or to create an intimidating, hostile , degrading, humiliating or offensive environment. 2 – Constitutes sexual harassment unwelcome behaviour of a sexual nature, in the form of verbal, non-verbal or physical, with the purpose or the effect referred to in the preceding paragraph. 3 – the practice of harassment applies the provisions of the previous article. 4-Is very serious infraction violation of provisions of this article. DIVISION III equality and non-discrimination on the basis of sex article 31 access to employment, occupation or training 1-the exclusion or restriction of access of jobseeker or worker on the basis of sex to a particular activity or professional training required to have access to this activity constitutes discrimination on the basis of sex. 2-the announcement of job offer and another form of advertising related to the pre-selection or recruitment cannot contain, directly or indirectly, any restriction, specification or preference based on sex.


61 3-In training professional occupation driven predominantly by workers of one or other of the sexes should be given, where appropriate, rather than sex workers with less representation, as well as being appropriate, the worker with low schooling, without qualification or responsible for single-parent family or in the case of parental leave or adoption. 4-Is very serious infraction the breach of the provisions of paragraphs 1 or 2. Article 32 equal working conditions 1-workers are entitled to equal conditions of work, in particular as regards remuneration, and the elements that determine do not contain any discrimination founded on sex. 2-equality of remuneration implies that for equal work or of equal value:) Any remuneration mode, namely the paid to the task, to be established on the basis of the same unit of measurement; b) calculated by reference to the consideration of the working time is the same. 3-the differences of retribution did not constitute discrimination when based on objective criteria, common to men and women, in particular, based on merit, productivity, attendance or antique, and may not be based on licenses, absences or exemptions concerning the protection on parenting. 4-The description of tasks and systems of evaluation of functions should be based on objective criteria common to men and women, so as to exclude any discrimination based on sex. 5-very serious infraction Constitutes the violation of the provisions of paragraph 1, constitutes a misdemeanour and serious infringement of the provisions of paragraph 4.

62 article 33 registration of recruitment processes 1-all entities must maintain for five years the record of recruitment processes carried out, and the record of the same, with breakdown by sex, the following elements: a) invitations to the filling of seats; b) announcements of job offer; c) number of applications for curriculum assessment; d) number of candidates present in screening interviews; and) number of candidates awaiting admission; f) test results or evidence of admission or selection; g) social balance sheets relating to information needed to analyze the existence of possible discrimination against people of one or other of the sexes in access to employment, vocational training and promotion, and working conditions. 2-light infraction Is violation of provisions of this article. SUBSECTION IV Parenting article 34 1 Parenting-motherhood and fatherhood are eminent social values. 2-workers parents are entitled to the protection of society and the State in performing their irreplaceable action in regard to children, in particular with regard to their education.

63 article 35 Joint with social protection regime 1-social protection in the situations provided for in this subsection, namely the social benefits schemes for different periods of parenting leave, consists of specific legislation. 2-for the purposes of this subsection, shall be deemed equivalent to periods of parental leave periods for the granting of social benefits, assigned to one of the parents under the subsystem by Social security or other social protection regime of mandatory guidelines. Article 36 Protection on parenting 1-the protection on parenting is by assigning the following rights: to) license in clinical risk during pregnancy; b) license for interruption of pregnancy; c) parental leave, in any of the modes; d) license for adoption; and) parental leave supplement in any of the modes; f) Exemption for prenatal consultation; g) Exemption for lactating; h) Fouls for child care; I) Faults for assistance to grandson; j) license for child care; l) parental leave a child with a disability or chronic illness; 64 m) Work part time worker with family responsibilities; n) flexible hours of worker with family responsibilities; the waiver provision of work) under adaptability; p) exemption from providing extra work; q) exemption from providing work at night time. 2-The rights provided for in the preceding paragraph apply only after the birth of their son, the parents that workers are not prevented or inhibited completely the exercise of parental authority, with the exception of the right of the mother enjoy 14 weeks of initial parental leave and for protection during breastfeeding. Article 37 protection Concepts of parenting 1-under the protection of parenthood,: a) pregnant worker, worker in a State of pregnancy who informs her employer of her condition, in writing, with the presentation of a medical certificate; (b) Worker who has recently given birth), the hardworking mother and for a period of 120 days following the delivery to inform her employer of her condition, in writing, with the presentation of a medical certificate or birth certificate of the child; c) breastfeeding Worker, the worker's son and breastfeeding mother informs her employer of her condition, in writing, with the presentation of a medical certificate. 2-the protection scheme of parenting is still applicable as long as the employer has knowledge of the situation or of the relevant fact.

65 Article 38 license in clinical risk during pregnancy 1-clinical at risk for the pregnant worker or to the unborn child, preventing the exercise of functions, regardless of the reason that determine this impediment and is this or not related to the conditions of provision of the work, if the employer does not give you the exercise of activity compatible with their status and professional category , the employee is entitled to leave of absence for a period of time by a medical prescription is deemed necessary to prevent the risk, without prejudice to the initial parental leave. 2 – To the effect provided for in the preceding paragraph, the employee informs the employer and presents a medical certificate indicating the foreseeable duration of the license, providing this information with the advance of 10 days or, in urgent cases proven by the doctor as soon as possible. 3 – Is very serious infraction the breach of the provisions of paragraph 1. Article 39 sick leave termination of pregnancy 1-In case of interruption of the pregnancy, the employee is entitled to leave with duration between 14:30 days. 2 – To the effect provided for in the preceding paragraph, the employee informs the employer and submit a medical certificate as soon as possible. 3 – Is very serious infraction the breach of the provisions of paragraph 1. Article 40 parental leave arrangements for parental leave comprises as follows: the initial parental leave); 66 b) exclusive of the initial parental leave; c) initial parental leave to enjoy by the father for impossibility of the mother; d) parental leave exclusively by the father. Article 41 initial parental leave 1-mom and dad worker has the right, by birth of son, the initial parental leave of 120 or 150 days in a row, whose enjoyment may share after delivery, without prejudice to the rights of the mother referred to in the following article. 2-the license referred to in paragraph 1 shall be increased in 30 days in the case of gozo, exclusively, for each one of the progenitors of a consecutive period of 30 days, or two consecutive periods of 15 days, after the period of enjoyment required by mother referred to in paragraph 2 of the next article. 3-in the case of multiple births, the period of leave provided for in the preceding paragraphs shall be increased of 30 days for each twin beyond the first. 4-In case of sharing the joy of the mother and the father shall inform their employers, up to seven days after birth, the beginning and ending of part-joking for each, delivering to the effect, the joint statement. 5-If the parental leave is not shared by the mother and father, and without prejudice to the rights of the mother referred to in the following article, the parent to enjoy their employer informs license, up to seven days after delivery, the duration of the license and the beginning of the relevant period, joining the other parent's declaration stating that it does not enjoy the initial parental leave. 6-in the absence of the Declaration referred to in paragraphs 4 and 5, the license is enjoyed by her mother. 7 – Is very serious infraction the breach of the provisions of paragraphs 1, 2, 3 or 6.


67 article 42 periods of parental leave mom's exclusive 1-mom can enjoy up to 30 days of the initial parental leave before childbirth. 2-it is obligatory to the enjoyment by the mother, six weeks ' leave after childbirth. 3-in the event of hospitalisation of the mother or child during the period of leave referred to in the preceding paragraph, this period is suspended for the time of duration of hospitalization. 4 – the employee who wishes to enjoy part of the license before delivery should inform of this purpose the employer and submit a medical certificate indicating the expected delivery date, providing that information with the advance of 10 days or, in urgent cases proven by the doctor as soon as possible. 5 – the suspension of the licence in case of hospitalisation of the mother or the child is made by means of communication to the employer, accompanied by the statement issued by the hospital. 6 – Is very serious infraction the breach of the provisions of paragraphs 1, 2 or 3. Article 43 initial parental leave to enjoy by the father in case of impossibility of mother 1-the father has the right to license, with the duration referred to in paragraphs 1, 2 or 3 of article 41, or the remainder of the licence in the following cases: a) physical or mental Disability of the mother, while this remains; b) mother's death. 2-In the event of the death or physical or mental incapacity of the mother, the initial parental leave to enjoy by the father has a minimum duration of 30 days.

68 3-In the event of the death or physical or mental incapacity of mom working not in 120 days after childbirth, the father is entitled to a licence under paragraph 1, with the necessary adaptation, or the provisions of the preceding paragraph. 4-for the purposes of the preceding paragraphs, the father informs the employer as soon as possible and, depending on the situation, presents a medical certificate stating or death certificate and, where appropriate, declare the license period has already enjoyed by the mother. 5-very serious infraction Constitutes the violation of the provisions of paragraphs 1, 2 or 3. Article 44 parental leave the father 1-the fun is mandatory by the father of a parental leave of 10 working days in a row in 30 days or interpolated following the birth of son, five of whom enjoyed consecutive mode immediately after this. 2-After the enjoyment of the license provided for in the preceding paragraph, the father has the right to license 10 working days, followed or interpolated, since enjoyed simultaneously with the enjoyment of parental leave on the part of the mother. 3-in the case of multiple births, the license provided for in the preceding paragraphs are additional two days for each twin beyond the first. 4-for the purposes of the preceding paragraphs, the employee must advise the employer with advance possible that, in the case referred to in paragraph 2, shall not be less than five days. 5-very serious infraction Constitutes the violation of the provisions of paragraphs 1, 2 or 3.

69 article 45 leave for adoption 1 – in case of adoption of a minor of 15 years, the adopter is entitled to a licence referred to in paragraphs 1 or 2 of article 41. 2 – going on two would-be adopters, the license can be enjoyed by one or by both in successive periods, as joint decision. 3-the candidate has no right to license adopter in case of adoption of a child of the spouse or person with whom he lives. 4-in the event of the incapacity or death of the would-be adopter for the license, the surviving spouse, who is not the candidate with whom the adopter to live in communion and housing, has the right to license corresponding to the period not enjoyed or to a minimum of 14 days. 5-the license starts from the judicial or administrative trust, in accordance with the legal regime of adoption. 6-When the administrative trust include confirmation of the permanence of the minor by the adopter, this has the right to license, for the remainder, since the date on which the minor was in fact in charge took place prior to the expiry of the initial parental leave. 7-In case of hospitalisation the adopter or of adopting, the license period is suspended for the time of duration of hospitalization, and that reporting this fact to the employer, showing proof passed by the hospital. 8-In case of sharing the joy of the license, applicants for adopters report their employers, with the advance of 10 days or, in urgent cases, as soon as possible, taking a test of judicial or administrative trust of the adopting and the age of this, the beginning and end of periods making fun for every one, delivering to the effect the Joint Declaration.

70 9-If the license for adoption is not shared, the adopter to enjoy their employer informs the license within the time limits referred to in the preceding paragraph, the duration of the license and the beginning of the relevant period. 10-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2, 4, 6 or 7. Article 46 dispensation to prenatal consultation 1-the pregnant worker is entitled to time off work for prenatal consultations, by time and number of times required. 2-the employee should, wherever possible, to attend the prenatal consultation during off-hours. 3 – where the prenatal consultation is only possible during working hours, the employer may require the employee to submit proof of this circumstance and of the completion of the query or statement of the same facts. 4-for the purposes of the preceding paragraphs, the preparation for childbirth is equated to prenatal consultation. 5-the father is entitled to three dispensations from work to accompany the employee to prenatal consultations. 6 – Constitutes a serious infraction violation of provisions of this article. Article 47 Exemption for breastfeeding or lactating 1 – the breastfeeding mother the son is entitled to time off for this purpose during the breastfeeding duration. 2-in the case of there being no breastfeeding, since both parents engaged in professional activity, either one or both, according to joint decision, are entitled to time off for lactating, until the son make up a year. 71 3-the daily discharge for breastfeeding or lactating is enjoyed in two distinct periods, with the maximum duration of 1 hour each, unless other arrangements are agreed with the employer. 4-in the case of multiple births, the exemption referred to in the preceding paragraph shall be increased of 30 more minutes for each twin beyond the first. 5-If any of the parents work part-time, the daily waiver for breastfeeding or lactating is reduced in proportion to the respective normal working period cannot be less than 30 minutes. 6-in the situation referred to in the preceding paragraph, the daily discharge is enjoyed at not more than 1 hour and, where appropriate, a second period with the remaining duration, unless other arrangements are agreed with the employer. 7-Constitutes a serious infraction violation of provisions of this article. Article 48 discharge Procedure for breastfeeding or lactating 1 – for the purposes of exemption for breastfeeding, the employee informs the employer, with the advance of 10 days with respect to the exemption, which suckle the child, and must present medical certificate if the exemption extends beyond the first year of life. 2-for the purposes of exemption for lactating, the worker: a) informs the employer that aleita the son, with the advance of 10 days compared with the beginning of the exemption; b) Features document stating the joint decision; c) Declares what the period of exemption enjoyed by the other parent, as the case may be; d) proves that the other parent informed their employer of the joint decision.

72 article 49 Missing for 1 child care – the worker can miss work to provide urgent and indispensable assistance in case of illness or accident, the minor child of 10 years or, regardless of age, a child with a disability or chronic illness, up to 30 days per year or throughout the period of hospitalization. 2 – the worker can miss work until 15 days a year to provide urgent and indispensable assistance in case of illness or accident the child with more than 10 years of age, in the case of larger, part of your household. 3-To periods of absence provided for in the preceding paragraphs in addition a day for each child in addition to the first. 4 – the possibility of missing scheduled in the preceding paragraphs cannot be exercised concurrently by the father and the mother. 5-for the purposes of justification of the lack, the employer may require the employee: the urgent nature and proof) imperative of assistance; b) Declaration that the other parent's occupation and does not lack for the same reason or is unable to provide assistance; c) in the event of hospitalization, Declaration passed by the hospital. 6-in the case referred to in paragraph 3 the following article, the father or the mother informs the relevant employer of the provision of assistance in question, being the right referred to in paragraph 1 or 2 reduced accordingly. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 3.


73 article 50 further to assist 1 – grandson worker can miss up to 30 consecutive days after the birth of grandchild who can live in communion and housing and who is son of a teenager under the age of 16 years. 2 – if there are two holders of the right, there is only room for a absences period, enjoying for one of them, or both in part-time or in successive periods, as joint decision. 3 – the worker may also be missing for urgent and indispensable assistance in case of illness or accident, the grandson less than or, regardless of age, disability or chronic illness. 4-for the purposes of paragraphs 1 and 2, the employee informs the employer with advance notice of five days, stating that: a) the grandson lives in communion and housing; b) the grandson is the son of a teenager under the age of 16 years; c) the spouse of the worker performs work or is physically or psychologically unable to baby-sit or do not live in communion and housing with this. 5-the provisions of this article shall apply to tutor, the employee who has been granted judicial or administrative trust, as well as to their spouse or person. 6-in the case referred to in paragraph 3, the employee informs the employer, within the period provided for in paragraphs 1 or 2 of article 252º, declaring: the urgent and essential nature) of assistance;

74 b) That parents are and there's no shortage of workers for the same reason or are unable to provide assistance, as well as any other family member of the same level lack for the same reason. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 3. Article 51 parental leave Supplement 1-the father and the mother have the right to assistance to child or adopted with age not exceeding six years, parental leave supplement, in any of the following forms: a) parental leave extended by three months; b) part-time work during 12 months, with a normal working period equal to half the full time; c intercalated Periods of parental leave) enlarged and of part-time work in the total duration of the absence and the reduction of working time is equal to normal working periods of three months; d) Absences interpolated to work with duration equal to normal working periods of three months, since it provided for in collective labour regulation instrument. 2-mom and Dad can enjoy any of the arrangements referred to in the preceding paragraph of consecutive mode or up to three interpolated periods, not being allowed to cumulate on one of the progenitors of the right on the other. 3 – If both parents want to enjoy both the license and are at the service of the same employer, this can delay the license of one of them on the basis of overriding requirements linked to the operation of the company or service, provided that it is given in writing the reasons therefor.

75 4-During the period of parental leave supplement at any of the modalities, the employee may not engage in any other activity incompatible with its purpose, in particular subordinate employment or continued provision of services outside their normal place of residence. 5 – the exercise of the rights referred to in the preceding paragraphs depend on information about the desired mode and the beginning and end of each period, directed in writing to the employer in advance of 30 days on its beginning. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 3. Article 52 1 child care license – after exhausted the right referred to in the previous article, the parents are entitled to parental leave the son, consecutive or interpolated mode, up to a maximum of two years. 2-in the case of third child or more, the license provided for in paragraph 1 has the three-year limit. 3-the employee has the right to license if the other parent exercising professional activity or is prevented or inhibited completely to exercise parental authority. 4 – If there are two holders, the license can be enjoyed by any of them or by both in successive periods. 5-During the period of leave for child care, the employee may not engage in any other activity incompatible with its purpose, in particular subordinate employment or continued provision of services outside their normal place of residence. 6 – For exercising the right, the employee shall inform the employer, in writing and with the advance of 30 days: a) the beginning and end of the period in which you wish to enjoy the license; 76 b) That the other parent's occupation and is not at the same time on leave, or who is prevented or fully inhibited of exercising parental authority; (c)) that the minor lives with him in communion and housing; d) that is not exhausted the maximum duration of the license. 7-in the absence of stated otherwise on the part of the worker, the licence lasts for six months. 8-the extension of the period of leave by the employee, within the limits laid down in paragraphs 1 and 2, shall apply the provisions of paragraph 6. 9-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 5. Article 53 license for child care with disability or chronic illness 1-parents have the right to license for a period of up to six months, renewable up to four years for child assistance with disability or chronic illness, under 12 years. 2 – applies to the license provided for in paragraph 1 the arrangements set out in paragraphs 3 to 8 of the previous article. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 54 a reduction in working hours to assist the minor child with a disability or chronic illness 1-parents of minor with disabilities or chronic illness, aged not more than one year, are entitled to a reduction of 5 hours of normal weekly working period, or other special working conditions for child assistance.


77 2-no room for the exercise of the right referred to in the preceding paragraph when one of the parents do not use occupation and not be prevented or inhibited completely to exercise parental authority. 3 – If both parents are holders of the right, the reduction in the normal working period may be used by any of them or by both in successive periods. 4-the employer must adjust the work schedule resulting from the reduction in the normal working period taking into account the preference of the employee, without prejudice to the overriding requirements of the functioning of the company. 5 – reduction of the normal weekly working period does not imply reduction of rights enshrined in law, except for the return, which shall be due only to the extent that the reduction each year exceeds the number of replaceable fouls for loss of enjoyment of holidays. 6 – to reduce the normal weekly working period, the worker must inform the employer of its intention with the advance of 10 days, as well as: the Present medical certificate certifying) disability or chronic illness; b) declare that the other parent has professional activity or that is prevented or inhibited completely to exercise parental authority and, where appropriate, that does not exercise at the same time this right. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 3, 4 or 5. Article 55 part-time worker with family responsibilities 1 – the worker with underage son 12 years or with disabilities or chronic illness living with him in communion and housing are entitled to work part-time. 2-the right can be exercised by any of the parents or both in successive periods, after parental leave supplement, in any of its modalities. 78 3-unless otherwise agreed, the normal period of part-time work corresponds to half the full time practiced in a comparable situation and, as the worker's request, is provided daily, morning or afternoon, or in three days a week. 4 – the provision of part-time work can be extended up to two years or, in the case of third child or more, three years, or, in the case of a child with a disability or chronic illness, four years. 5-During the period of part-time work, the employee may not engage in any other activity incompatible with its purpose, in particular subordinate employment or continued provision of services outside their normal place of residence. 6 – the provision of part-time work ceases at the end of the period for which it is given or in their extension, resuming the worker the provision of full-time work. 7-Constitutes a serious infraction violation of provisions of this article. Article 56 flexible schedule of worker with family responsibilities 1 – the worker with underage son 12 years, regardless of age, son with disabilities or chronic illness living with him in communion and housing, has the right to work under flexible working hours and the right to be exercised by any of the parents or both. 2-flexible schedule means that the worker can choose, within certain limits, the start and end of the normal working day period. 3-the flexible schedule to be drawn up by the employer, shall: a) contain one or two periods of mandatory attendance, with length equal to half the normal daily work period;

79 b) Indicate the start and end of periods for normal daily work, each with duration of not less than one-third of the normal period of daily work, which may be reduced in length where necessary to the schedule if contains within the period of operation of the establishment; c) establish a period for rest interval of not more than 2 hours. 4-the worker to work on a flexible schedule can be made up to 6 hours of work and up to 10 hours of work each day and must comply with the corresponding normal weekly working period, on average for each period of four weeks. 5-Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 57 authorization for part-time work or flexible hours scheme 1-the employee wishing to work part-time or flexible working hours scheme should request it to the employer, in writing, with the advance of 30 days, with the following elements: a) indication of the time limit, to the extent applicable; b) Declaration by stating: i) the minor lives with him in communion and housing; II) in part-time work, which is not exhausted the maximum period of duration; III) in part-time work arrangements, that the other parent's occupation and is not at the same time in case of part-time work or is prevented or inhibited completely from exercising parental authority; c) desired mode of organization of part-time work.

80 2 – the employer can only refuse the request on the basis of overriding requirements of the functioning of the company, or if it is impossible to replace the employee if this is indispensable. 3-within 20 days from the receipt of the request, the employer shall notify the employee in writing of his decision. 4 – If you refuse the request, in the statement the employer indicates the intention of the worker's refusal to submit, in writing, an assessment within five days from the reception. 5-in the five days following the deadline for examination by the employee, the employer sends the process for consideration by the competent authority in the area of equal opportunities between men and women, with a copy of the request, the Foundation of the intention to refuse and enjoyment. 6-the authority referred to in the preceding paragraph shall, within 30 days, notify the employer and the worker of his opinion, which is considered favourable to the intent of the employer if not issued in that period. 7-If the opinion referred to in the preceding paragraph is unfavorable, the employer can only refuse the request after ruling that recognizes the existence of justification. 8 – the employer accepts the request of the worker in his precise terms:) If you don't communicate the intention of refusal within 20 days of receipt of the request; (b)), having communicated its intention to refuse the order, inform the employee of the decision about the same in the five days following the notification referred to in paragraph 6 or, as the case may be, the end of the period referred to in that paragraph; c) If you do not submit the dossier to the competent authority in the area of equal opportunities between men and women within the period laid down in paragraph 5. 9-the request for extension shall apply for the initial order. 81 10 – Is against serious violations of ordering provisions of paragraphs 2, 3, 5 or 7. Article 58 Dispensation to provide work in 1 adaptability scheme – A pregnant worker who has recently given birth or are breastfeeding, you have the right to be excused from providing work in organized work schedule according to scheme of adaptability. 2-the right referred to in the preceding paragraph shall apply to all of the parents in the case of the provision of lactating when work schemes referred to therein affecting its regularity. 3 – Constitutes a serious infraction violation of provisions of this article. Article 59 remission providing additional job 1 – the pregnant worker or with a child under the age of 12 months is not obligated to provide additional work. 2-the employee is not obligated to provide additional work during the whole breastfeeding duration if necessary for your health or for the child. 3-the provisions of the preceding paragraph shall apply to workers who benefit from parental leave in accordance with articles 41 or 43, or remission for lactating if the regularity of this is affected by the provision of additional work. 4 – Constitutes a serious infraction violation of provisions of this article. Article 60 waiving the provision of work at night time 1-the employee has the right to be excused from providing work among the 20 hours a day and 7 hours of the next day:


82 a) During a period of 112 days before and after childbirth, of which at least half before the predictable; b) During the remaining period of pregnancy, if necessary for your health or for the unborn; c) throughout the breastfeeding duration, if necessary for your health or for the child. 2-the employee exempt from provision of night work must be attributed, where possible, a daytime work schedule. 3 – the employee is excused from work where it is not possible to apply the provisions of the preceding paragraph. 4 – the employee who wishes to be excused from providing night work must inform the employer and submit a medical certificate, in the case of (b)) or c) of paragraph 1, with the advance of 10 days. 5-in case of proven urgency by the physician, the information referred to in the preceding paragraph may be made regardless of the term. 6 – without prejudice to the preceding paragraphs, the exemption from the provision of night work must be determined by occupational physician whenever this, within the framework of health surveillance of workers, identify any risk to the pregnant worker, who has recently given birth or breastfeeding. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 3. Article 61 training for re-employment the employer must provide the worker, after parental leave a child or disabled person care or chronic condition, participation in training and professional updating in order to promote their full professional reintegration. 83 article 62 the protection of the safety and health of pregnant worker, who has recently given birth or breastfeeding 1-the pregnant worker who has recently given birth or are breastfeeding, are entitled to special safety and health conditions in the workplace, in order to avoid exposure to risks to their safety and health, in accordance with the following paragraphs. 2 – Without prejudice to other obligations provided for in special legislation, in activity likely to present a specific risk of exposure to agents, processes or working conditions, the employer shall assess the nature, degree and duration of exposure of pregnant worker, who has recently given birth or breastfeeding, in order to determine any risk to their safety and health and the effects on the pregnancy or breastfeeding as well as the measures to be taken. 3-in the cases referred to in the preceding paragraph, the employer must take the necessary measures to prevent exposure of the worker to such risks, in particular: a) proceed to the adaptation of working conditions; b) If the adjustment referred to in (a) is impossible, too time-consuming or too costly, assign the worker other duties compatible with her condition and professional category; c) If the measures referred to in the above are not viable, dispense with the worker to provide work for the required period. 4-without prejudice to the rights of information and consultation provided for in special legislation, the pregnant worker, who has recently given birth or breastfeeding is entitled to be informed, in writing, of the results of the assessment referred to in paragraph 2 and the protective measures adopted. 5-it is forbidden the exercise by pregnant worker who has recently given birth or are breastfeeding activities, whose assessment has revealed a risk of exposure to agents or working conditions that endanger their health or safety.

84 6-activities posing a specific risk of exposure to agents, processes or working conditions referred to in paragraph 2, as well as the agents and working conditions referred to in the preceding paragraph shall be determined in specific legislation. 7-the pregnant worker, who has recently given birth or breastfeeding, or their representatives, have the right to apply to the competent inspection service of the Ministry responsible for labour inspection action area, to be carried out with priority and urgency, if the employer does not fulfill the obligations of this article. 8-Is very serious infraction the breach of the provisions of paragraphs 1, 2, 3 or 5 and constitutes a serious infraction the breach of the provisions of paragraph 4. Article 63 1 dismissal protection – the dismissal of pregnant worker, worker who has recently given birth or are breastfeeding or the enjoyment of parental leave requires prior opinion of the competent authority in the area of equal opportunities between men and women. 2 – the dismissal by fact attributable to employee in any of the situations referred to in the preceding paragraph shall be deemed made without just cause. 3-for the purposes of the preceding paragraph, the employer shall remit copy of the dossier to the competent authority in the area of equality of opportunity between men and women: a) after the evidentiary steps referred to in paragraph 2 of Article 355.º, the dismissal due to the fault of the worker; b) after information and negotiation stage provided for in article 360.º, the collective redundancies; c) after the consultations referred to in paragraph 1 of article 369, on the dismissal on termination of employment; 85 d) after the consultations referred to in article 376.º, the dismissal for inability. 4-the competent authority shall communicate the opinion referred to in paragraph 1 to the employer and the worker, in the 30 days following the receipt of the dossier, in sense favourable to dismissal when not issued within the said period. 5 – it is up to the employer to prove that requested the opinion referred to in paragraph 1. 6-If the opinion is unfavorable to the dismissal, the employer can only be carried out after a court decision that recognizes the existence of justification, and the action be initiated in the 30 days following the notification of the opinion. 7 – suspension of dismissal not only is decreed if an opinion is favourable to the dismissal and the Court considers that there is a serious likelihood of checking the cause. 8-If the dismissal is declared unlawful, the employer cannot oppose the reinstatement of the employee under paragraph 1 of article 390.º and the employee is entitled, as an alternative to reinstatement, compensation calculated in accordance with paragraph 3 of that article. 9-Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 6. Article 64 extension of rights assigned to parents 1 – the adopter, the tutor, the person is granted judicial or administrative trust of the child, as well as the spouse or person cohabiting with any of those or with the parent, since you live in communion and dwelling with the smallest, benefits of the following rights: a) Exemption for lactating; b) parental leave supplement at any of the modalities, the child parental leave and parental leave a child with a disability or chronic illness; c) Lack for assistance to son or grandson; 86 d) reduced working hours for the minor child with a disability or chronic illness; and) Work part time worker with family responsibilities; f) flexible hours of worker with family responsibilities. 2 – where the exercise of the rights referred to in the preceding paragraphs depend on a relationship of tutelage or judicial or administrative trust of the minor, the proprietor must, so you can exercise, mention this quality to the employer. Article 65, licence system faults and waivers 1 – do not determine loss of any rights, except with regard to remuneration, and are considered as effective provision of work absences to work resulting from: a) license in clinical risk during pregnancy; b) license for interruption of pregnancy; c) parental leave, in any of the modes; d) license for adoption; and) parental leave supplement in any of the modes; f) Lack for child care; g) Lack for assistance to grandson; h) exemption from providing work at night time; I) exemption from the provision of work for part of pregnant worker, who has recently given birth or breastfeeding, for reasons of protection of their safety and health. 2-the exemption for prenatal consultation, breastfeeding or lactating does not determine any loss and is considered as effective working performance.

87



3-the licenses for clinical risk during pregnancy, for interruption of pregnancy, adoption and parental leave in any mode: a) Suspending the enjoyment of the holidays and the days remaining to be enjoyed after his term, even if it is established in the following year; (b)) shall not affect the time already elapsed of internship or action or course of training, and the worker fulfil only the missing period to complete; c) Postpone the provision of proof to professional career progression, which must take place after the expiry of the licence. 4-parental leave and parental leave supplement, in any of its modalities, for adoption, to child care and to assist the child with a disability or chronic illness: a) shall suspend for illness of the worker, if this inform the employer and submit a medical certificate certifying, and continues after the termination of that impediment; b) cannot be suspended for convenience of the employer; (c)) shall be without prejudice to the right of the worker to access the periodic information issued by the employer for all employees; d) end with the cessation of the situation which led to its licence which shall be communicated to the employer within five days. 5-at the end of any leave, absences, dismissal or special work scheme, the employee is entitled to take back the contracted activity and, in the case referred to in point (d)) of the preceding paragraph, to resume in the first wave that occur in the undertaking or, if this however if not check at the end of the period for the license.

88 6 – parental leave the child or to the child assistance with disability or chronic illness suspends the rights, duties and guarantees of the parties insofar as they require the effective provision of work, namely the retribution, but is without prejudice to the additional benefits of medical assistance and medication to which the employee is entitled. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2, 3 or 4. SUBSECTION V Work of minors article 66 General principles relating to the work of smaller 1-the employer must provide the appropriate working conditions to age and development and to protect the safety, health, physical, psychic and moral, education and training, in particular by preventing any risk resulting from their lack of experience or the unconsciousness of existing or potential risks. 2-the employer must, in particular, assess the risks connected with the work, before the less the start or before any significant change in working conditions, focusing in particular on: the local organization and equipment) and the workstation; b) Nature, degree and duration of exposure to physical, biological and chemical agents;

c) Choice, adaptation and use of work equipment, including agents, machinery and their use; d) Adaptation of work organisation, work processes or their execution; 89 e) degree of knowledge of the child with regard to the execution of the work, to the health and safety risks and prevention measures. 3-the employer must inform the minor and his legal representatives of the identified risks and the measures taken for their prevention. 4-the emancipation shall not affect the application of the rules on the protection of the health, education and training of the worker less. 5-very serious infraction Constitutes the violation of the provisions of paragraphs 1, 2 or 3. Article 67 smaller vocational training 1-the State must provide the smallest that has completed the compulsory education vocational training appropriate to their preparation for working life. 2-the employer must provide training less professional at your service, requesting the collaboration of the competent bodies where does not have the means to that end. 3-is, in particular, assured the right to license without consideration for the frequency of professional course to check out school qualification or course of education and training for young people, except where the same is liable to cause serious injury to the company, and without prejudice to the rights of the worker-student. Article 68 admission of a minor to work 1-can only be admitted to provide work the least who has completed the minimum age for admission, have completed compulsory schooling and have physical and mental capabilities appropriate to the workplace. 2-the minimum age of admission to provide work is 16 years.

90 3-the minor under the age of 16 years who have completed compulsory education may provide light work consisting of simple tasks and set which, by their nature, physical or mental efforts required or by specific conditions in which they are made are not likely to harm as regards physical integrity, safety and health, school attendance , participation in orientation or training programmes, capacity to benefit from instruction, or to their physical, psychic, moral, intellectual and cultural. 4-In family business, the minor under the age of 16 years must work under the supervision and direction of a member of his household, legal. 5-the employer informs the competent inspection service of the Ministry responsible for labour area lower admission made under paragraph 3, in eight days. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 3 or 4 constitutes a misdemeanour and take the breach of the provisions of the preceding paragraph. Article 69 the lowest Admission without compulsory education or without professional qualification 1-the minor under the age of 16 years who have completed compulsory education but do not have professional qualification, or less with at least 16 years old but have not completed compulsory education or do not have professional qualifications can only be admitted to provide work since frequent education or training mode to check out , as the case may be, the compulsory education, professional qualification, or both, particularly in new opportunities Centres. 2-the provisions of the preceding paragraph shall not apply to less than just pay work during school holidays.

91 3-in the situation referred to in paragraph 1, the minor benefits from the student-worker status, taking time off for school in duration frequency twice the provided for in paragraph 3 of article 90. 4-the employer informs the competent inspection service of the Ministry responsible for the minor's admission to employment pursuant to paragraph 1, for the next eight days. 5-very serious infraction Constitutes the violation of the provisions of paragraph 1 and constitutes a serious infraction the breach of the provisions of paragraph 3. 6-In case of admission of a minor under the age of 16 years and without compulsory education, is applied the sanction of deprivation of the right accessory the allowance or benefit granted by entity or public service for a period of up to two years. Article 70 smaller capacity to conclude an employment contract and receive the retribution-1 is valid the contract of employment concluded by a minor who has completed 16 years of age and have completed compulsory school, unless written opposition of their legal representatives. 2-the contract concluded for less than not has completed 16 years of age and have not completed compulsory schooling is only valid upon written consent of their legal representatives. 3-the minor has the capacity to receive the retribution, unless written opposition of their legal representatives. 4-The legal representatives may at any time declare the opposition or revoke the authorization referred to in paragraph 2, the Act effective after 30 days on your communication to the employer.

92 5-in the case referred to in paragraphs 1 or 2, the legal representatives can reduce up to half the time limit referred to in the preceding paragraph, on the grounds that it is necessary for the establishment of education or vocational training action. 6 – Constitutes an administrative offence record the payment of compensation to the minor if there is written opposition of their legal representatives. Article 71 contract Complaint by smaller 1-the smallest in the situation referred to in article 69 that denounce the employment contract without term during training, or in a period immediately following that same duration, should offset the employer's direct cost with the formation that has supported. 2-the provisions of the preceding paragraph shall also apply if the smallest report the fixed-term employment contract after the employer have proposed in writing to the same conversion into contract without term. Article 72 protection of the safety and health of smaller 1-without prejudice to the obligations laid down in special provisions, the employer must submit the lowest health examinations, including: a) health check certifying the suitability of their physical and mental capacity to perform the duties, to be carried out before the commencement of the provision of the work, or in the 15 days following the admission if it is urgent and with the consent of the legal representatives of a minor; b) annual health check, for the exercise of professional activity not work prejudice to his health and to his physical and mental development.


93 2-work which, by its nature or the conditions in which they are provided, are harmful to the physical, psychic and moral development of minors are forbidden or conditioned by specific legislation. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 73 the maximum normal working period of less 1-the normal period of less may not exceed 8 hours in each day and 40 hours in each week. 2-The collective labour regulation instruments must reduce, whenever possible, the ceilings of the normal work period. 3-in the case of light work performed by minor below the age of 16 years, the normal period of work may not exceed 7 hours in each day and 35 hours each week. 4 – Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 3. Article 74 minor waiver of time 1 adaptability scheme-the smaller is relieved of paying job in time organized according to the adaptability scheme when it can damage your health or safety at work. 2-for the purposes of the preceding paragraph, the minor must be submitted to health check prior to the beginning of the implementation of the timetable concerned. 3 – Constitutes a serious infraction violation of provisions of this article.

Article 94 75 additional Work less 1-the smaller worker cannot provide additional work. 2-the provisions of the preceding paragraph shall not apply if the provision of additional work on the part of a minor aged 16 years or more is necessary to prevent or remedy serious injury to the company, due to fact that abnormal and unforeseeable or exceptional circumstance although predictable, whose consequences could not be avoided, provided there are no other available worker and for a period not exceeding five working days. 3-in the situation referred to in the preceding paragraph, the minor is entitled to equivalent compensatory rest period, to enjoy in the next three weeks. 4 – Constitutes a serious infraction violation of provisions of this article. 76 lower Work in night time 1-work is prohibited for a minor under the age of 16 years between the 20 hours a day and 7 hours of the next day. 2-the minor aged 16 years or more cannot provide job among the 22 hours a day and 7 hours of the next day, without prejudice to the provisions laid down in the following paragraphs. 3-the minor aged 16 years or over can provide night work: a) in instrument activity collective labour regulation, except in the period between zero and 5 hours;

95 (b)) that is justified on objective grounds, in cultural activities, artistic, sports or advertising, since it has an equivalent compensatory rest period in the next day or as close as possible. 4-in the case of the preceding paragraph, the provision of night work by a minor must be guarded by an adult, if necessary for the protection of his health or safety. 5-the provisions of paragraphs 2 and 3 shall not apply if the provision of night work occur in circumstances referred to in paragraph 2 of the preceding article, being due the rest provided for in paragraph 3 of the same article. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 4. Article 77 1 less rest interval-the daily work period of less must be stopped by range of duration between one and 2 hours in order to pay no more than 4 hours in a row if you have below the age of 16 years, or 4 hours and 30 minutes if you have age 16 years or more. 2-the collective labour regulation instrument can establish rest interval duration greater than 2 hours, as well as the frequency and duration of other intervals of rest in the daily work period or, in the case of a minor aged less than 16 years, reduced to 30 minutes interval. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 78 daily rest of less 1 – the smallest are entitled to daily rest between periods of work of two successive days, eat a minimum of 14 consecutive hours if you have below the age of 16 years, or 12 consecutive hours if you have age 16 years or more. 96 2-In relation to minor aged 16 years or more, the daily rest period referred to in paragraph 1 may be reduced by collective labour regulation instrument if justified by an objective reason, since that doesn't affect your safety or health and the reduction is compensated in the three days following, in agriculture, tourism, hospitality or catering in Navy vessel of Commerce, hospital or other health facility or activity characterized by periods of work split up over the day. 3-the provisions of paragraph 1 shall not apply to minor aged 16 years or more pay work whose normal duration does not exceed 20 hours per week, or casual work for period not exceeding one month : a) In domestic service performed in household; b) In family business, as long as it's not harmful, damaging or dangerous to the smallest. 4 – Constitutes a serious infraction violation of provisions of this article. Article 79 weekly rest period of less 1-the lowest weekly rest period has a duration of two days, which shall be consecutive if possible, in every period of seven days, except going on technical reasons or reasons concerning the organisation of work, to be defined by collective labour regulation instrument, justifying that the weekly rest period of less aged 16 years or more has the duration of 36 consecutive hours. 2-the weekly rest period of less aged 16 years or more may be a day in the situation referred to in paragraphs 2 or 3 of the preceding article, provided that the reduction is justified by objective and, in the first case, is established in collective labour regulation instrument and should in any case be assured adequate rest. 3 – Constitutes a serious infraction violation of provisions of this article. Article 97 80 weekly rest and work periods of less in case of pluriemprego 1-if the minor work for several employers, the weekly rest periods must be consistent and the sum of the periods of work must not exceed the ceilings of the normal work period. 2-for the purposes of the preceding paragraph, the minor or, if it has the age of 16 years, their legal representatives, shall inform in writing:) before the admission, the new employer, about the existence of another job and the duration of the work and the corresponding weekly rests; b) during an admission or whenever there is a change in the conditions of work in question, the other employers about the duration of the work and the corresponding weekly rests. 3-the employer, being informed in accordance with the provisions of the preceding paragraph, concluding an employment contract with a minor, or change the duration of the work or of the weekly rests, is responsible for compliance with the provisions of paragraph 1. 4 – Constitutes a serious infraction the breach of the provisions of paragraph 1, for which he is responsible the employer that is in the situation referred to in the preceding paragraph. Article 81 lower Participation in show business or other activity involving a minor in show or other cultural activity, artistic or advertising is regulated in specific legislation.

Article 82 98 misuse of Crime work of less 1-the use of minor work in violation of the provisions of paragraph 1 of article 68 or of paragraph 2 of article 72 is punished with imprisonment up to two years or with fine penalty up to 240 days if more serious penalty does not fit under another legal provision. 2-in the case of the smallest have not completed the minimum age for admission or have not completed compulsory schooling, the limits of penalties are raised to double. 3-In case of recidivism, the minimum of the penalties referred to in the preceding paragraphs are high for the triple. Article 83 Crime of disobedience by cessation of activity not lower when the competent Ministry inspection service responsible for verifying the technical violations of the provisions of paragraph 1 of article 68 or prohibited work rules referred to in paragraph 2 of article 72, notifies in writing the offender to cease the activity of the lower with the pain of that, if you don't, incurs the crime of qualified disobedience. SUBSECTION VI Employee with reduced working capacity Article 84 general principles regarding the use of employee with reduced working capacity 1-the employer must facilitate the job the employee with reduced working capacity, providing you with suitable working conditions, in particular the adaptation of the workplace, compensation and promoting or assisting training and appropriate professional training.


99 2-the State should stimulate and support, by means of convenient, the action of companies on the achievement of the objectives set out in the preceding paragraph. 3-regardless of the previous paragraphs, can be established by law or collective labour regulation instrument, special measures for the protection of employee with reduced working ability, particularly with regard to the admission and conditions of provision of the activity, taking into account the interests of the worker and the employer. 4-the regime of this article consists of specific legislation. 5-very serious infraction Constitutes the violation of the provisions of paragraph 1. SUBSECTION VII Worker with disabilities or chronic illness Article 85 General principles with regard to the employment of disabled worker or chronic condition 1-the worker with a disability or chronic illness is holder of the same rights and belongs to the same obligations of other workers in access to employment, vocational training, promotion or career, and working conditions, without prejudice to the specific characteristics inherent in their situation. 2-the State should stimulate and support the action of the employer in the employment of disabled worker or chronic illness and rehabilitation professional. 3 – Is very serious infraction the breach of the provisions of paragraph 1. Article 86 positive action Measures in favour of disabled worker or chronic condition 1-the employer must adopt appropriate measures to ensure that the person with a disability or chronic illness has access to a job, to exercise and progress, or for vocational training, unless such measures involve disproportionate cost. 100 2-the State should stimulate and support, by means of convenient, the action of the employer in the achievement of the objectives referred to in the preceding paragraph. 3-The costs referred to in paragraph 1 shall not be considered disproportionate if they are compensated by the State, as provided for in specific legislation. 4-can be established by law or collective labour regulation instrument measures specific protective of worker with disabilities or chronic illness and incentives to this or to the employer, particularly with regard to admission, conditions of provision of the activity and adaptation to the workplace, taking into account their interests. Article 87 waiving some forms of organization of work 1-the worker with a disability or chronic illness is exempt from the application of the provision if this can harm your health and safety at work: a) In schedule organized according to the scheme of adaptability; b) among the 20 hours a day and 7 hours of the next day. 2-for the purposes of the preceding paragraph, the worker shall be subjected to health check prior to the beginning of the implementation of the timetable concerned. 3 – Constitutes a serious infraction violation of provisions of this article. Article 88 additional Work of disabled worker or chronic condition 1-the worker with a disability or chronic illness is not required to provide additional work. 2 – Constitutes a serious infraction violation of provisions of this article.

101 Subsection VIII article 89 student-worker concept of worker-1 student-worker-student worker who attends any level of school education, as well as graduate, master's degree or doctorate in educational institution, or professional training course or programme of temporary occupation of young with duration equal to or greater than six months. 2-the maintenance of the status of worker-student school utilization depends on the previous academic year. Article 90 the organisation of working time of 1 student-worker-the work schedule of student-worker should, whenever possible, be adjusted to allow the frequency of lessons and the movement to the educational establishment. 2-When it is not possible the application of the preceding paragraph, the student-worker is entitled to time off for frequency of classes, if you so require the school hours, without loss of rights and that counts as actual work performance. 3-time off for frequency of lessons can be used all at once or in, at the choice of the student-worker, and has the following maximum duration, depending on the normal weekly working period: 3 hours a week) for period equal to or greater than 20 hours or more but less than 30 hours; b) 4 hours per week for a period of not less than 30 hours but less than 34 hours; c) 5 hours per week for a period of not less than 34 hours and less than 38 hours; 102 d) 6 hours per week for a period of not less than 38 hours. 4-the student-worker whose period of work is impossible to adjust in accordance with the preceding paragraphs, the arrangements of shifts that is permanently, have a preference in occupancy of the workplace compatible with their professional qualification and with the frequency of lessons. 5-If the adjusted working hours or the time off for frequency of class compromise clearly the operation of the company, in particular because of the number of employees-existing students, the employer promotes an agreement with the employee concerned and the workers ' Committee or, failing that, the Inter-Union Commission, trade union committees or trade union delegates, about the extent to which that interest can be satisfied or in the absence of agreement, decides to inform, inform the employee in writing. 6-the student-worker is not required to provide additional work, except for reasons of force majeure, no work under adaptability when it coincides with school hours or with evidence of evaluation. 7-the student-worker pay work under adaptability is assured a day per month of remission, with no loss of rights, telling how effective work performance. 8-the student-worker to provide additional work are entitled to compensatory rest of equal number of hours. 9-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2, 3, 4, or 8, and constitutes an administrative offence take the breach of the provisions of paragraphs 6 or 7. Article 91 Fouls to provide evidence of assessment 1-the student-worker can justifiably for reasons to provide proof, in the following terms: 103 a) on the day of the race and in the immediately preceding; b) in the case of evidence on consecutive days or for more than one test on the same day, the days immediately preceding are so many how many the evidence to be provided; c) days immediately preceding referred to in above include weekly rest days and public holidays; d) fouls given under the previous subparagraphs may not exceed four days by discipline in each academic year. 2-the right referred to in the preceding paragraph may only be exercised in two academic years for each discipline. 3-Consider-if still justified absence given by student-worker in strict measure of movements required to provide evaluation evidence, being rendered until 10 fouls in each academic year, regardless of the number of disciplines. 4-it is considered proof of the assessment examination or other evidence, whether written or oral, or the presentation of work, when this replace or supplement and since determine directly or indirectly the use of schools. 5-Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 2. Article 92 vacation and student-worker permits 1-the student-worker is entitled to mark the holiday period according to their needs, and can enjoy up to 15 vacation days interpolated to the extent compatible with the overriding requirements of the functioning of the company. 2-the student-worker is entitled, in each calendar year, the license without retribution, with a duration of 10 working days in a row or interpolated.


104 3-Constitutes a serious infraction the breach of the provisions of paragraph 1 and is against-take the breach of the provisions of the preceding paragraph. Article 93 Professional Promotion of student-worker the employer must provide the worker-student adequate professional qualification obtained promotion, not however compulsory professional reclassification for mere effect of qualifying. Article 94 worker status-1 student-worker-student must demonstrate to the employer your student condition, showing also the schedule of educational activities to attend. 2-the student-worker must choose between the possibilities, the schedule more compatible with working hours, otherwise not benefit from inherent rights. 3-year transition School GPA or approval or progression in at least half of the courses in which the student-worker is registered, the approval or validation of half of the modules or equivalent units of each discipline, defined by the educational institution or training entity for the academic year or the annual frequency period, in the case of educational pathways arranged in modular scheme or equivalent which does not define conditions year transition or progression in disciplines. 4 – Considers that school worker exploitation has not covered by the preceding paragraph due to accident at work or occupational disease, or by having enjoyed initial parental leave, leave for adoption or parental leave supplement for at least a month.

105 5-the student-worker can not accumulate the rights provided for in this code with any schemes which target the same purposes, in particular as regards time off for frequency of classes, school grounds or licenses faults to provide evidence for the evaluation. Article 95 termination and renewal of 1 rights-the right to work set hours or time off for frequency of classes, marking the holiday period according to the school needs or the license without compensation ceases when the student-worker has not harnessing the year having such right. 2-the remaining rights expire when the worker-student does not have the utilization in two consecutive years or three interpolated. 3-student-worker's rights cease immediately in the event of false statements in relation to the facts to which the grant of the status or the facts constituting rights, as well as when they are used for other purposes. 4-the student-worker can exercise of new rights in the academic year following that in which the same ceased and this situation occurs more than twice. Article 96 procedure for exercise of rights of 1 student-worker-a worker-student must demonstrate to the employer their recovery, at the end of each school year. 2-control of attendance of the student-worker can be done by agreement with the employee, directly by the employer, through the administration of the educational establishment, by email or fax, on which is affixed a date and time from which the worker-student ends their school accountability.

106 3-in the absence of agreement the employer may, in the 15 days following the use of time off for this purpose, require evidence of the frequency of classes, where the educational establishment to control the frequency. 4-the worker-student must apply for the license without retribution with the following notice: the 48 hours or is) impractical, as soon as possible, in the case of a sick day; b) Eight days in the case of two to five days; c) 15 days in the case of more than five days. SUBSECTION IX employer and the company Article 97 power steering it is incumbent upon the employer to establish the terms on which the work must be provided within the limits deriving from the contract and the rules governing it. Article 98 disciplinary authority the employer has disciplinary authority over a worker at your service. Article 99 internal Regulation of company 1-the employer may draw up rules of procedure of company on organization and work discipline. 2-in the drafting of the rules of procedure of the Commission heard from company employees or, failing that, the intersindicais trade union committees, commissions or trade union delegates. 107 3-the employer shall, prior to the production of effects of rules of procedure: a) advertise their contents, including making it available at the company's headquarters and its other establishments, so as to enable the knowledge and consultation at any time, by the workers; b) send it to the competent inspection service of the Ministry responsible for labour area. 4-the drafting of internal regulations of company on certain matters can be made compulsory for collective labour regulation instrument. 5-light infraction Is a violation of the provisions of paragraphs 2 or 3. Article 100 types of companies 1-: a) micro-enterprise that employs less than 10 workers; b) small business that employs less than 10 to 50 employees; c) Average company employs from 50 to less than 250 workers; d) Large company employing 250 or more workers. 2-for the purposes of the preceding paragraph, the number of persons employed corresponds to the average of the preceding calendar year. 3-in the year of beginning of the activity, the number of employees to be taken into consideration for the application of the system is the existing on the day of the occurrence of the fact. Article 101 plurality of employers 1-the worker can undertake to provide work for several employers among which there is a relationship of reciprocal holdings corporate, group or domain, or having common organizational structures.

108 2-the employment contract with plurality of employers is subject to written form and must contain: a) identification, domicile or headquarters and signatures of the parties; b) Indication of the activity of the worker, and the normal working period; c) indication of the employer who represents others in carrying out the duties and exercising the rights arising from the employment contract. 3-employers are jointly and severally liable for compliance with the obligations arising from the contract of employment, whose creditor is the employee or third party. 4-Ceasing the situation referred to in paragraph 1, it is considered that the worker is only bound to the employer referred to in point (c)) of paragraph 2, unless otherwise agreed. 5-violation of requirements set out in paragraph 2 gives the employee the right to opt for the employer to which it is bound. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 2, being responsible for the same all employers. SECTION III formation of contract Negotiation Article subsection I 102 Fault in the formation of the contract Who negotiates with others for the conclusion of a contract of employment shall, as far as his training foreplay, proceed according to the rules of good faith, respond for damages caused guiltily.

109 SUBSECTION II promise of employment article 103 the Scheme promise of employment contract 1-the promise of employment contract is subject to the written form and must contain: a) identification, domicile or headquarters and signatures of the parties; b) statement, in no uncertain terms, the willingness of the promissory or promitentes if you would oblige the celebrate the aforementioned contract; c) Activity to be provided and corresponding retribution. 2-non-compliance with the promise of employment contract gives rise to liability under the general terms. 3-the promise of a contract of employment shall not apply the provisions of article 830.º of the Civil Code. SUBSECTION III article 104(3) membership agreement contract of accession 1-the employer's contractual desire can manifest itself through internal regulations of the company, and the employee by express or implied adherence to the same regulation. 2-it is assumed membership of the employee when the latter does not object in writing within 21 days after the commencement of performance of the contract or the disclosure of the regulation, if this is later.


Article 105 110 general contractual terms contractual clauses general regime applies to essential aspects of the contract of employment which do not result from specific negotiation prior, even insofar as its contents are determined by reference to collective labour regulation instrument. SUBSECTION IV info on relevant aspects in the provision of article 106 job Duty of information 1-the employer must inform the worker about relevant aspects of the employment contract. 2-the worker must inform the employer about relevant aspects for the provision of employment. 3-the employer must pay the worker at least the following information: a) its identification, in particular, and society, the existence of a corporate Coalition, of reciprocal memberships, group or domain, as well as the headquarters or domicile; b) the place of work or, in the absence of a fixed or predominant, the indication that the work is provided in various locations; c) the category of the worker or the summary description of the corresponding functions; d) the date of conclusion of the contract and the start of their effects; and the foreseeable duration of the contract), if this term is concluded; f) the duration of the holiday or the criterion for its determination; 111 g) the periods of notice to be observed by the employer and by the worker to the termination of employment, or the criterion for its determination; h) value and the periodicity of the consideration; I) the normal daily and weekly job, specifying the cases in which it is defined in average terms; j) the number of the insurance policy for accidents at work and the identification of the insurance entity; l) the instrument of collective labour regulations apply, if any. 4-information on the elements referred to in paragraph (f)) (a) (i)) of the preceding paragraph may be replaced by a reference to the relevant provisions of the Act, the instrument of collective labour regulations applicable or of the rules of procedure. 5-light infraction Constitutes the violation of the provisions of any paragraph # 3. Article 107 media 1-the information provided for in the preceding article must be provided in writing, and may appear on one or more documents, signed by the employer. 2-When the information to be provided through more than one document, one of which must contain the particulars referred to in (a)) d), h) and (i)) of paragraph 1 of the preceding article. 3-the duty provided for in paragraph 1 of the preceding article shall be deemed to be fulfilled when the information concerned the record of employment contract in writing or contracts of employment contract. 4-the documents referred to in paragraphs 1 and 2 shall be delivered to the employee in the 60 days following the commencement of performance of the contract or, if he is terminated before this period, until their term. 5-light infraction Constitutes the violation of the provisions of paragraphs 1, 2 or 4. Article 108 112 information relating to provision of work abroad-1 If a worker whose contract of employment is governed by Portuguese law pursue his activity in the territory of another State for a period exceeding one month, the employer shall provide in writing until his departure, the following additional information: the foreseeable Duration of the period of) work to be provided abroad; b) coin and place of payment of cash benefits; c) repatriation Conditions; d) access to health care. 2-the information referred to in subparagraph (b)) or c) of the preceding paragraph may be replaced by reference to provisions of law, collective labour regulation instrument or company internal rules governing the matter in it. 3-light infraction Is violation of provisions of this article. Article 109 information Update 1-the employer must inform the worker about amendment to any element referred to in paragraph 3 of article 106 or in paragraph 1 of the preceding article, in writing and 30 days thereafter. 2-the provisions of the preceding paragraph shall not apply where the change results from law, collective labour regulation instrument or rules of procedure. 3-the employee must provide the employer information about all changes relevant to the provision of employment, within the time limit laid down in paragraph 1. 4-light infraction Is a violation of the provisions of paragraph 1. 113 SUBSECTION (V) form of contract of employment article 110 General Rule on the form of contract of employment the employment contract does not depend on the observance of special form, unless the law determines otherwise. SECTION IV article 111 trial period notion of trial period 1-the trial period corresponds to the initial time of performance of the contract of work, during which the parties appreciate the interest in its maintenance. 2-during the experimental period, the Parties shall act so that they can appreciate the interest in the maintenance of the employment contract. 3-the trial period can be excluded by written agreement between the parties. Article 112 1-trial period duration in the employment contract for an indefinite period, the trial period have the following duration: 180 days) for the majority of workers; b) 240 days to worker who performs management or senior position. 2-In fixed-term employment contract, the trial period have the following duration: 30 days) in case of contract with duration equal to or greater than six months; 114 b) 15 days in the case of fixed-term contracts lasting less than six months or of uncertain term contract whose duration predictable does not exceed that limit. 3-in the contract on service, the existence of trial period depends on the agreement, stipulation exceeding 180 days. 4-the experimental period, in accordance with any of the preceding paragraphs shall be reduced proportionately or deleted, to provide, at the same employer, corresponding to the same group or professional career, depending on the duration of fixed-term or temporary employment agencies which materializes in the previous same workstation, or contract for the provision of services to the same object less than, or equal to or greater than the length of that. 5 – the duration of the trial period can be reduced by collective labour regulation instrument or by written agreement between the parties. 6-the antiquity of the worker is counted from the beginning of the trial period. Article 113 1 trial period count-the trial period counts from the beginning of the implementation of the benefit of the employee, including training determination by the employer, in so far as it does not exceed half the length of the period. 2-are not considered in the count the days of lack, even if justified, for exemption or suspension of the contract. Article 114 Withdrawal of the contract during the trial period 1-During the experimental period, save written agreement to the contrary, either party may cancel the contract without notice and cause invocation, nor right to compensation. 115 2-Taking the experimental period lasted more than 60 days, the termination of the contract by the employer relies on seven days ' notice. Section V of Article 115 worker Activity determination of worker activity 1-it is up to the parties to determine by agreement the activity to which the employee is hired. 2-the determination referred to in the preceding paragraph may be made by reference to the category of collective labour regulation instrument or rules of procedure. 3-When the nature of the activity involved the legal business practice, it is considered that the employment contract grants the employee the necessary powers, unless the law require special instrument. Article 116 technical autonomy the subjection to authority and direction of the employer does not affect the technical worker autonomy inherent in the activity provided, in accordance with the legal or professional ethics applicable rules. 117 effects of lack of professional title 1-whenever the exercise of a particular activity is legally conditional upon the possession of professional title, namely professional portfolio, Miss determines the nullity of the contract. 2-When the professional title is taken from the worker, by decision no longer admits feature, the contract shall lapse as soon as the parties are notified of the decision. 116


Article 118 functions performed by the worker 1-the worker must, in principle, exercise functions corresponding to the activity for which it is hired, and the employer to assign him, within the framework of that activity, the functions more suited to their skills and professional qualification. 2-the contracted activity, though determined by reference to Professional category of collective labour regulation instrument or internal company regulation, comprises the functions related to him or functionally linked, for which the employee has adequate qualification and that do not involve professional devaluation. 3-for the purposes of paragraph 1 and without prejudice to the provisions on collective labour regulation instrument, or functionally linked, inter alia, the functions included in the same group or professional career. 4-whenever the exercise of ancillary functions require particular qualification, the employee is entitled to vocational training of not less than 10 hours annually. 5-Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 119 move to lower worker change category to category lower than that to which it is employed can take place by agreement, on the grounds of urgent need of the company or the worker, and must be authorized by the competent inspection service of the Ministry responsible for labour area in the case of determining decrease in retribution.


117 Article 120 functional mobility 1-the employer may, when the company's interest so requires, to instruct the employee to exercise temporarily functions not included in the contracted activity, provided that this does not involve substantial modification of the position of the worker. 2-the parties may extend or restrict the Faculty afforded in the preceding paragraph, by agreement which expires after two years if it has not been applied. 3-the change order must be justified, indicating where appropriate the agreement referred to in the preceding paragraph, and indicate the foreseeable duration of the same, which shall not exceed two years. 4-the provisions of paragraph 1 may not involve reduction of the consideration and the worker entitled to more favorable working conditions that are inherent to the functions exercised. 5-unless otherwise specified, the employee does not acquire the corresponding category to temporarily exercised functions. 6-the preceding paragraphs can be removed by collective labour regulation instrument. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 3 or 4. SECTION VI Nullity of contract of employment Article 121 partial invalidity of employment contract 1-nullity or partial annulment does not determine the invalidity of any contract of employment, except to show that he would not have been concluded without the addict.

118 2-clause of an employment contract that violates mandatory standard shall be deemed to be replaced with this. 122 effect of invalidity of employment contract 1-employment contract declared null or void produces effects as valid in relation to the time that it runs. 2-the amending Act of employment contract to be invalid shall apply the provisions of the preceding paragraph, provided that it does not affect the guarantees of the worker. Article 123 Invalidity and termination of an employment contract 1-the fact that extintivo occurred before the Declaration of nullity or annulment of contract apply the standards on termination of employment. 2-if it is declared invalid or annulled the contract term that has already ceased, the compensation is the limit value laid down in article 399 or 391.º, respectively for illegal dismissal or withdrawal without notice. 3-the invocation of invalidity by the party in bad faith, and the other in good faith, followed by immediate cessation of provision of work, applies the scheme of compensation provided for in paragraph 3 of article 390.º or article 399 for unlawful dismissal or withdrawal without notice, as the case may be. 4-bad faith consists in conclusion of the contract or in the maintenance of this with the knowledge of the cause of invalidity.

Article 119 124 contract with object or purpose contrary to law, public order or morality offensive 1-If the employment contract has the purpose or end an activity contrary to law, public order or morality, the offensive part I knew the unlawfulness loses the benefit of the service responsible for the financial management of the budget of the Social Security benefits received under the contract. 2-the party knew the unlawfulness cannot avoid the fulfillment of any contractual or legal obligation, nor take back what you paid or its value, when the other party ignore this unlawfulness. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 125 international validation of employment contract 1-Ceasing the cause of invalidity during the execution of an employment contract, this is considered as valid since the beginning of the implementation. 2-in the case of contract referred to in the previous article, the Culture Ministry only takes effect from the moment when it ceases the cause of invalidity. SECTION VII rights, duties and guarantees of the parties SUBSECTION I General provisions Article 126 General Duties of the parties 1-the employer and the worker must proceed in good faith in the exercise of their rights and in the fulfilment of their obligations. 120 2-in the implementation of the employment contract, the Parties shall cooperate in obtaining greater productivity, as well as in human, professional and social promotion of the worker. Article 127 duties of employer 1-the employer must, in particular: a) to respect and treat the employee with urbanity and probity; b) Pay promptly the consideration, which must be fair and appropriate to work; c) Provide good working conditions, the physical and moral point of view; d) contribute to the increase of productivity and employability of workers, including providing you with adequate professional training to develop their qualification; e) respect the technical autonomy of the worker who performs activity which regulation or professional ethics to require; f) Enabling the exercise of offices in representative structures of workers; g) Prevent risks and diseases, taking into account the protection of the safety and health of the worker and should compensate him for damage resulting from accidents at work; h) Adopt, as regards safety and health at work, the measures arising from law or collective labour regulation instrument; I) provide the worker information and training appropriate to the prevention of risks of injury or disease; j) update, in each establishment, registration of workers with details of name, dates of birth and admission, contract mode, category, promotions, compensation, and termination dates of the holidays and absences that involve loss of retribution or degradation of vacation days.


121 2-in the Organization of the activity, the employer must observe the general principle of adapting work to the person, with a view to alleviating monotonous work or whose work depending on the type of activity, and the requirements for health and safety, especially as regards breaks during working time. 3-the employer must provide the worker working conditions that promote the reconciliation of work with family life. 4-the employer shall inform the competent inspection service of the Ministry responsible for labour area, before the start of activity of the company, the name, sector of activity or social objective, address of head office and other workplaces, an indication of the official publication of the respective social pact, statute or instrument of incorporation, identification and domicile of the respective managers or directors, the number of workers in the service and the insurance policy for accidents at work. 5-the change of the elements referred to in the preceding paragraph shall be communicated within 30 days. 6-light infraction Is violation of paragraph j) of paragraph 1 or in paragraphs 4 or 5. Article 128 obligations of worker 1-without prejudice to other obligations, the worker must: a) to respect and treat the employer, superiors, co-workers and people related to the company, with urbanity and probity; b) attend the service with attendance and punctuality; c) perform the work with zeal and diligence; d) Participate so diligent in vocational training which is provided by the employer; 122 e) comply with the orders and instructions from the employer concerning the execution or discipline of work and safety and health at work, which are not contrary to its rights or guarantees; f) to keep loyalty to the employer, including not negotiating on their own or of others in competition with him, or disseminating information relating to your organization, methods of production or business; g) to ensure the conservation and proper use of goods related to the work entrusted by the employer; h) Promote or perform the actions aimed at improving the productivity of the enterprise; I) Cooperate for the improvement of safety and health at work, inter alia through the employees ' representatives elected for this purpose; j) comply with the requirements on safety and health at work arising from law or collective labour regulation instrument. 2-the duty of obedience respects both the orders or instructions of the employer as the worker's immediate superior, within the powers conferred by that you are assigned. Article 129 the worker Safeguards 1-the employer is prohibited: a) to oppose, in any form, to which the employee exercises his rights, as well as fire him, impose another sanction, or treat you unfavourably because of that financial year; b) unjustifiably Impede the effective delivery of work; c) put pressure on workers to act in order to affect unfavorably in his working conditions or of the companions; 123 d) Decrease the retribution, except as provided in this code or in collective labour regulation instrument; and) change the worker to lower category, except as provided in this code; f) Transfer the worker to another job site, except as provided in this code or in collective labour regulation instrument, or even when there is agreement; g) Assign workers to use a third party, except as provided in this code or in collective labour regulation instrument; h) Compel the worker to acquire goods or services itself or the person indicated by him; I) Explore, with profit, cafeteria, cafeteria, stewardship or other establishment directly related to the work, for the supply of goods or provision of services to its employees; j) to end the contract and reinstate the employee, even with their consent, for the purpose of harm in law or warranty arising out of antiquity. 2-Is very serious infraction violation of provisions of this article. SUBSECTION II article 130 vocational training vocational training Objectives Are objectives of vocational training: a) Provide initial qualification the young who enter the job market without this qualification; b) ensure continuous training of employees of the company; 124 c) Promote the qualification or re-qualification of workers in risk of unemployment; d) promote vocational rehabilitation of disabled worker, in particular that which results from accident at work disability; e) promote socio-professional integration of employee in the private group insertion difficulties. Article 131-1 continuous training within the framework of continuing training, the employer must: a) to promote the development and improvement of qualification of the worker, with a view to improving their employability and increase the productivity and competitiveness of the company; b) ensure each worker a minimum annual number of hours of training, through actions undertaken in the company or time for training frequency by the employee; c) organize training in company, structuring training plans or multi-year and annual, regarding these, ensure the right to information and consultation of employees and their representatives; d) Acknowledge and promote the qualification acquired by the worker. 2-the employee is entitled, in each year, a minimum of 35 hours of certified training or being hired the term for a period equal to or greater than three months, a minimum number of hours proportional to the duration of the contract this year. 3-certified training that is developed by certified training entity for that purpose, or by educational establishment recognized by the competent Ministry. 125 4-for the purposes of compliance with the provisions of paragraph 2, shall be deemed to be the time of time off for school and frequency of faults to provide evaluation evidence, under the worker-student, as well as the absences that there is place in the framework of the process of recognition, validation and certification of competences. 5-the employer must ensure, in each year, continuing education to at least 10% of the employees of the company. 6 – the employer can anticipate up to two years, or differ for the same period, since the training plan so provides, the gross weight of the annual training referred to in paragraph 2, by allocating the formation carried out to comply with the obligation. 7 – the anticipation period referred to in the preceding paragraph shall not exceed five years in the case of frequency of process of recognition, validation and certification of competencies, or training to check out double certification. 8 – the continuous training that is provided by the user or by the transferee, in the case of, respectively, temporary work or casual worker providing, dismisses the employer and may be compensation for part of this in terms to be agreed. 9-the provisions of law on continuous training can be relieved by collective agreement that takes into account the characteristics of the sector of activity, the qualifications of workers and the size of the companies. 10-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 5. Article 132 Credit hours and continuous training allowance 1 – The hours of training provided for in paragraph 2 of the preceding article, that are not provided by the employer until the expiry of the two years subsequent to the maturity, become credit hours in equal numbers for training by the employee.


126 2-credit hours for training is referred to the normal working period, confers a right to retribution and counts as actual service time. 3-the worker can use the credit hours for attendance at training courses, by communication to the employer at least 10 days. 4 – By collective labour regulation instrument or individual agreement, can be established a subsidy for the payment of the cost of training, up to the value of the consideration of the credit period of hours used. 5-in the case of overlapping claims, the training is attributed to the overdue loans. 6-credit hours for training which is not used shall cease after three years on its Constitution. Article 133 training content 1-the area of continuing training is determined by agreement or, failing that, by the employer, in which case must match or be in order with the activity provided by the worker. 2-the training referred to in the previous article is chosen by the employee, and correspondence with the activity provided or respect the information and communications technologies, health and safety at work or a foreign language. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 134 effect of termination of the employment contract the right training Ceasing the contract of employment, the employee is entitled to receive remuneration corresponding to the minimum annual number of hours of training that was not provided, or to credit hours for formation of holding at the date of termination. 127 SECTION VIII ancillary SUBSECTION I condition and term 135.3 suspensive term or condition to the employment contract in writing may be affixed, or suspensive term condition in general terms. SUBSECTION II of Clauses limiting the freedom of work Article 136 non-compete Pact 1-is NULL clause of contract of employment or collective labour regulation instrument that, in any way, could undermine freedom of work after the termination of the contract. 2-is the limitation of the legal activity of the worker during the period of up to two years following the termination of the employment contract, under the following conditions: a) the record of written agreement, in particular of contract of employment or of revocation; b) of activity whose exercise may cause prejudice to the employer; c) Assign to the employee during the period of limitation of activity, a compensation that may be reduced equitably when the employer has conducted large expenditure with their training.

128 3-In case of dismissal declared unlawful or resolution with just cause the employee on the grounds of tort to the employer, the compensation referred to in point (c)) of the preceding paragraph is high up to the value of the consideration based on the date of termination of employment, it cannot be invoked to limit the activity provided for in the non-competition clause. 4-Are deducted from the amount of the compensation referred to in the preceding paragraph the amounts received by the worker in the exercise of professional activity, initiated after the termination of the employment contract, up to the amount resulting from the application of subparagraph (c)) of paragraph 2. 5-in the case of the worker activity exercise whose nature assume special trust relationship or has access to particularly sensitive information in terms of competition, the limitation referred to in paragraph 2 may last up to three years. Article 137 1 stay Pact – the parties may agree that the employee is obliged not to terminate the contract of employment for a period not exceeding three years, as compensation to the employer by substantial expenditure made with their training. 2 – the worker can relieve themselves of compliance referred to in the preceding paragraph upon payment of the amount corresponding to the costs referred to therein. Article 138 Limitation of freedom of work is null the agreement between employers, particularly in contract clause for the use of temporary work, which prohibits the admission of worker that they pay or have paid work, as well as make, in case of acceptance, to pay compensation.

129 SECTION IX forms of employment agreement SUBSECTION (I) fixed term contract resolutivo article 139 resolutivo term Regime the regime of fixed-term employment contract resolutivo contained this subsection can be relieved by instrument of collective labour regulation, with the exception of (b)) of paragraph 4 of article following and paragraphs 1, 4 and 5 of article 148. Article 140 Admissibility of fixed-term employment contract resolutivo 1-fixed-term employment contract can only be concluded resolutivo for satisfaction of temporary need of the company and for the period strictly necessary to satisfy that need. 2-Considers, inter alia, temporary need of the company: the) direct or indirect Replacement of absent worker or that for any reason is temporarily unable to work; b) direct or indirect Substitution of worker for which are pending in court action for assessing the lawfulness of dismissal; c) direct or indirect Replacement of employee on leave retribution; d) replacement of full-time worker to provide part-time employment for specified period;

130 e) seasonal activity or another whose annual production cycle report irregularities arising from the structural nature of the relevant market, including the supply of raw material; f) exceptional growth of activity of the company; g) occasional task execution or service determined precisely defined and not lasting; h) execution of work, project or other activity defined and temporary, including the execution, management or supervisory bodies of civil construction works, public works, Assembly and industrial repairs, contract or direct administration, as well as the related projects or other supplementary control and monitoring activity. 3-Notwithstanding the provisions of paragraph 1, may be entered into uncertain term employment contract in situation referred to in any of paragraphs (a) to (c))) or e) to (h)) of the preceding paragraph. 4-in addition to the situations referred to in paragraph 1, may be entered into fixed-term employment contract for: the Release of new activity) duration uncertain, as well as early use of undertaking or business in the company with less than 750 employees; b) hiring a worker looking for first job, in situation of long-term unemployment or another provided for in special legislation for employment policy. 5 – it is up to the employer to prove the facts which justify the conclusion of fixed-term employment contract. 6 – Is very serious infraction violation of provisions in any of paragraphs 1 to 4.

Article 141 131 form and content of contract fixed-term 1-term employment contract is subject to the written form and must contain: a) identification, domicile or headquarters and signatures of the parties; b) worker and corresponding Activity compensation; c) site and normal working period; d) start date of the job; and indication of the stipulated term) and their justification; f) Dates of conclusion of the contract and, being the operative word, of their termination. 2-in the absence of reference required by subparagraph (d)) of the preceding paragraph, the contract shall be deemed to commence on the date of its conclusion. 3-for the purposes of point (e)) of paragraph 1, the indication of the justification of the term must be made with the express mention of the facts that are part of, and should establish the relationship between the grounds invoked and the stipulated term. 4 – Constitutes a serious infraction the breach of paragraph e) of paragraph 1 or in paragraph 3. Article 142 special cases of employment of too short duration 1 – the contract of employment in seasonal agricultural activity or for realization of tourist event duration not exceeding one week is not subject in writing and the employer report its conclusion to the competent service of the Social Security, through electronic form which contains the elements referred to in (a)) , b) and d) of paragraph 1 of the preceding article, as well as the workplace.


132 2-the previous paragraph applies to fixed-term employment contracts with the same worker whose total duration does not exceed 60 working days in calendar year. 3-In case of violation of the provisions of any of the preceding paragraphs, the contract shall be deemed to have been concluded for a period of six months, in this period the duration of previous contracts concluded under the same provisions. Article 143 succession of fixed-term employment contract 1-the termination of fixed-term employment contract, for reasons not attributable to the employee prevent new admission or allocating employee through fixed-term employment contract or temporary work which happen on the same workstation, or contract for the provision of services to the same object concluded with the same employer or company with this is in a relationship of reciprocal memberships, or domain group, before the expiry of a period of time equivalent to one third of the duration of the contract, including renewals. 2-the provisions of the preceding paragraph shall not apply in the following cases: a New worker's absence) replaced, when the fixed-term employment contract has been concluded for replacement; b) exceptional growth of activity of the company, after the termination of the contract; c) seasonal activity; d) previously Worker hired under the scheme applicable to the hiring of a worker looking for first job. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1.


133 144 information relating to fixed-term employment contract 1-the employer must report the conclusion of fixed-term employment contract, with indication of their justification, as well as the cessation of the same to the workers and the Trade Union Association in which the employee is affiliated, within five working days. 2 – the employer shall report quarterly to the competent Ministry inspection service responsible for the technical area the elements referred to in the preceding paragraph. 3-the employer shall communicate, within five working days, to the entity with competence in the area of equal opportunities between men and women the reason for non-renewal of fixed-term employment contract whenever you're concerned a pregnant worker, who has recently given birth or breastfeeding. 4-the employer must post information concerning the existence of permanent jobs that are available in the undertaking or establishment. 5-light infraction Is violation of provisions of this article. Article 145 preference in admission 1-the worker contracted the term has preference in admission, on equal terms, if the employer start external recruitment procedure for identical functions, until 30 days after the termination of the contract. 2-the violation of the provisions of the preceding paragraph requires the employer to compensate the worker the value corresponding to three months of base remuneration. 3-it is up to the worker to claim infringement of preference provided for in paragraph 1 and to the employer the proof of compliance with the provisions of this rule. 4 – Constitutes a serious infraction the breach of the provisions of paragraph 1. 134 article 146 equal treatment under term contract 1-the worker contracted the term has the same rights and the same duties belongs to comparable permanent worker unless differential treatment is justified by objective reasons. 2-The term workers are considered, for the purposes of determining the social obligations related to the number of employees, based on the average of existing in the company at the end of each month for the preceding calendar year. Article 147 the employment contract without term 1-term employment contract: a) in which the stipulation term finally evade the provisions governing the contract without term; b) Celebrated outside the cases referred to in article 140; c) in which the reduction to writing the ID or the signature of the parties, or the dates of the contract and beginning of work, as well as one in which if they fail or are insufficient references to the term and justification; d) Concluded in violation of the provisions of paragraph 1 of article 143. 2-turns into an employment contract without term: a) one whose renewal was made in violation of the provisions of article 149; (b)) That the deadline is exceeded in duration or the number of renewals referred to in the next article;

135 c) celebrated the uncertain term, when the worker remains in business after the expiry date indicated in the statement of the employer or, failing this, within 15 days after the verification of the term. 3-In situation referred to in paragraph 1 or 2, the antiquity of the worker is counted from the beginning of the provision of work, except in the situation referred to in point d) of paragraph 1, in which comprises the working time provided in compliance with the successive contracts. Article 148 Duration of fixed-term employment contract 1-the term employment contract may be renewed up to three times and its duration may not exceed 18 months: a) in the case of person looking for first job; b) two years, in other cases provided for in paragraph 4 of article 140; c) Three years, in all other cases. 2-the term employment contract may only be concluded for a period of less than six months referred to in any of subparagraphs (a)) g) of paragraph 2 of article 140 and may not be lower than the expected duration for the task or service. 3-In case of violation of the provisions of the first part of the preceding paragraph, the contract shall be deemed to have been concluded for a period of six months provided that matches the satisfaction of temporary needs of the company. 4-the duration of fixed-term employment contract uncertainty may not exceed six years. 5-is included in the calculation of the limit referred to in point (c)) of paragraph 1 the duration of fixed-term or temporary employment agencies whose execution takes place on the same workstation as well as contract to provide service for the same object, between the worker and the same employer or companies with this are in a relationship of reciprocal memberships , domain or group. 136 Article 149 renewal of fixed-term employment contract 1-the parties may agree that the fixed-term employment contract shall not be subject to renewal. 2-in the absence of stipulation referred to in the preceding paragraph and of any declaration of the parties who will cease, the contract is renewed at the end of the term, for an equal period if another is not agreed by the parties. 3-the renewal of the contract is subject to verification of their admissibility, pursuant to its conclusion, as well as the same requirements in order to stipulate different period. SUBSECTION II part-time Article 150 notion of part-time work 1-part-time work which corresponds to a normal weekly working period less than the full time practiced in a comparable situation. 2-for the purposes of paragraph 1, if the normal working period is not equal in each week is regarded as their average over the reference period applicable. 3-part-time work can be delivered in just a few days a week, a month or a year, and the number of working days to be set by agreement. 4-the part-time worker and full-time worker are comparable when these pay identical work in the same establishment or, in the absence of this employee in a comparable situation, another establishment in the same company with the same activity, and should be taken into account the seniority and qualifications. 137 5-if there is no comparable worker in accordance with the provisions of the preceding paragraph, if the provisions of collective labour regulation instrument or in law to full time worker and with the same seniority and qualifications. 6-the instrument of collective labour regulation may establish the maximum percentage of full time that determines the part-time qualification, or comparison criteria in addition to those provided for in the last part of paragraph 4. Article 151 Freedom to conclude contract of part-time work the freedom of contract of part-time work cannot be deleted by collective labour regulation instrument. Article 152 preference in admission for part-time work 1-The collective labour regulation instruments should establish, for part-time, preferences in favour of person with family responsibilities, with reduced working capacity, with disabilities or chronic illness or who frequent educational establishment. 2 – Constitutes an administrative offence serious disrespect preferably established pursuant to paragraph 1. Article 153 form and content of contract of part-time work 1-part-time employment contract is subject to the written form and must contain: a) identification, domicile or headquarters and signatures of the parties; b) indication of the normal daily and weekly working with comparative reference to full-time work.


138 2-in the absence of indication referred to in subparagraph (b)) of the preceding paragraph, it is presumed that the contract is concluded. 3-When it has not been observed in writing, shall be deemed to be the full time contract. Article 154 part-time working conditions 1-the part-time worker shall apply the system provided for in the law and in collective labour regulation instrument which, by its nature, does not involve the provision of full-time work. 2-the part-time worker may have less favourable treatment than full-time workers in a comparable situation, unless different treatment is justified by objective reasons, which can be set by collective labour regulation instrument. 3-the part-time worker is entitled: a) to the base consideration and other benefits, with or without compensation, nature provided for in law or in collective labour regulation instrument or, if more favourable, to received by full-time worker in a comparable situation, on the proportion of their normal weekly working period; (b)) to the allowance of meal, the amount provided for in collective labour regulation instrument or, if more favourable, when practiced in the company, except when the normal daily work period is less than 5 hours, in which case it is calculated as a share of their normal weekly working period. 4 – Constitutes a serious infraction violation of provisions of this article.

Article 139 155 Change of duration of part-time work 1-part-time worker can spend full time work, or the reverse, permanently or for a period determined by written agreement with the employer. 2-the worker may terminate the agreement referred to in paragraph 1 by means of written communication sent to the employer until the seventh day after the celebration. 3-the exception to the provisions of the preceding paragraph the modification of the period of work properly dated and whose signatures are subject to notarial recognition. 4-When switching from full-time work to part-time work, in accordance with paragraph 1, by the expiry of this period, the employee is entitled to resume the provision of full-time work. 5-Constitutes a serious infraction the breach of the provisions of paragraph 4. Article 156 the employer's Duties in case of part-time work 1-wherever possible, the employer must: a) take account of the request for change of the full-time worker to part-time work available in the establishment; b) take into account the request of change of the part-time worker for full-time work available, or to increase their working time; c) Facilitate access to part-time work at all levels of the company, including management positions.

140 2-the employer must: a) workers are provided with timely information on the jobs part time and full time available in the establishment, in order to facilitate the changes referred to in subparagraphs (a) and (b))) the preceding paragraph; b) Provide legal representation structures of employees appropriate information on part-time work practiced in the company. 3-light infraction Is violation of the preceding paragraph. SUBSECTION III intermittent Work article 157 Admissibility of intermittent work In company which carries out activity with discontinuity or varying intensity, the parties may agree that the provision of work to be interspersed by one or more periods of inactivity. Article 158 form and content of intermittent employment contract 1-intermittent employment contract is subject to the written form and must contain: a) identification, domicile or headquarters and signatures of the parties; b) indication of the annual number of hours of work, or the annual number of days of full-time work. 2-When has not been observed in writing, or in the absence of indication referred to in subparagraph (b)) of the preceding paragraph, the contract shall be deemed concluded without a period of inactivity.

141 3-the contract is considered concluded by the annual number of hours resulting from the provisions of paragraph 2 of the preceding article, if the annual number of hours of work or the annual number of days of full-time work is below this limit. Article 159 service work Period 1-the parties establish the duration of the provision of work, consecutive or interpolated mode, as well as the beginning and end of each period of work, or the advance with the employer must inform the worker of the beginning of that. 2-the provision of work referred to in the preceding paragraph shall be not less than six consecutive months full time, per year. 3-the advance referred to in paragraph 1 shall not be less than 20 days. 4 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 160 1-worker's Rights During the period of inactivity, the employee is entitled to receive compensation in an amount established in collective labour regulation instrument or, failing that, of 20% of the consideration payable by the employer base with periodicity equal to that of the retribution. 2-The holiday and Christmas allowances are calculated on the basis of the average of the values of compensation and compensation received compensation in the last 12 months, or during the period of duration of the contract if this is lower. 3-During the period of inactivity, the worker may exercise other activity. 4-During the period of inactivity, the rights, duties and guarantees of the parties that don't require the effective provision of work. 142 5-Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 2. SUBSECTION IV Commission article 161 service which is the subject of Commission of service can be exercised in service administration or equivalent position, management or leadership directly dependent on the administration or director-general or equivalent staff of secretariat functions holder of any of these positions, or still, since collective labour regulation instrument so provides, functions whose nature also assume special relationship of confidence in relation to holder of those positions. Article 162 work contract scheme in service 1 – Can exercise position or functions in service an employee of the company or other admitted for this purpose. 2-in the case of admission of worker to exercise Office or functions in service, can be agreed their stay after the term of the Commission. 3-the contract for exercise of position or functions in service is subject to the written form and must contain: a) identification, domicile or headquarters and signatures of the parties; b) indication of the position or duties to be performed, with express mention of the service; c) in the case of the worker who carries out activity, as well as being diverse, the one exercise after ceasing the Commission;

143 d) in the case of worker admitted on a Commission basis of service that are expected to remain at the company, the activity will exercise after the Commission. 4-it is not considered on a Commission basis the contract that does not have a written form or that lack the endorsement referred to in subparagraph (b)) of the preceding paragraph. 5-the time of service on a Commission basis of service account for the purposes of seniority of the employee as if it had been rendered in this category is holder. 6 – Constitutes an administrative offence record lack of indication referred to in subparagraph (b)) of paragraph 3, unless the employer recognize expressly and in writing to the position or functions are exercised permanently, and is administrative offense take the lack of reduction to writing of the contract or the violation of paragraph (c)) of that number. Article 163 cessation of service 1-either party may terminate the service upon notice in writing, at least 30 or 60 days, whichever that lasted, respectively, up to two years or more. 2-lack of notice shall not prevent the termination of the service, and to the defaulting party the obligation to indemnify the counterparty pursuant to rule 399. Article 164 effects of cessation of service 1-Ceasing the service, the employee is entitled: a) if the service of the company, the activity carried out before the Commission, or the corresponding to the categories which have been promoted or, even, the activity provided for in the agreement referred to in point (c)) or d) of paragraph 3 of article 162;


144 b) solve the employment contract in the 30 days following the decision of the employer to end the tour, entitled to compensation calculated in accordance with article 365.º; c) Having been admitted to work in Committee and this service ceases on the initiative of the employer that does not correspond to dismissal due to the fault of the employee, the compensation calculated in accordance with article 365.º. 2-the time limits laid down in the previous article and the amount of compensation referred to in subparagraphs (a) (b)) and c) of paragraph 1 may be increased by collective labour regulation instrument or contract of employment. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. SUBSECTION V Article 165 notion of Telework teleworking is considered telework the labor provision held with subordination, usually outside the company and through the use of information and communication technologies. Article 166 contract scheme for provision of teleworking – 1 may exercise the activity in telework regime an employee of the company or another admitted to the effect upon the conclusion of contract for provision of telecommuting. 2-the contract is subject to the written form and must contain: a) identification, domicile or headquarters and signatures of the parties;

145 b) Indication of the activity to be provided by the worker, with express mention of the telework scheme, and corresponding retribution; c) indication of the normal work period; d) If the period for the provision of work in telework regime is less than the foreseeable duration of the employment contract, to engage in activity after the expiry of that period; and ownership of work instruments) as well as the responsible for its installation and maintenance and the payment of the inherent costs of consumption and use; f) identification of the establishment or Enterprise Department in whose dependence is the worker, as well as who this should contact in the provision of work; 3-the employee telework arrangements can spend working on the scheme of other employees of the company, permanently or for a period determined by written agreement with the employer. 4-the written form of the contract is required only to prove the same. 5-light infraction Is a violation of the provisions of paragraph 2. Article 167 scheme in case of worker previously bound to the employer – employee 1 previously bound to the employer, the duration of the contract for initial provision of teleworking may not exceed three years, or the period specified in collective labour regulation instrument. 2 — any party may denounce the contract referred to in the preceding paragraph during the first 30 days of its execution.

146 3-Ceasing the contract for provision of telecommuting, the employee resumes the provision of work, in accordance with agreed or provided us in collective labour regulation instrument. 4 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 168 working tools in the provision of teleworking 1-in the absence of a stipulation in the contract, it is assumed that the work instruments concerning information and communication technologies used by the employee belong to employer, who must ensure their installation and maintenance and the payment of the inherent costs. 2-the worker must observe the rules of use and operation of the tools that are available. 3-unless otherwise agreed, the employee cannot give the tools made available by the employer other than use inherent in the performance of their work performance. Article 169 equal treatment of workers in telework regime 1-the worker in telework regime has the rights and duties of workers, in particular as regards training and promotion or professional career, limits of normal period of work and other conditions of work, safety and health at work and repair of damage arising from an accident at work or occupational disease. 2-within the framework of vocational training, the employer must provide the worker, where necessary, adequate training on the use of information and communication technologies inherent in the exercise of their activity.

147 3-the employer must avoid worker isolation, in particular through regular contacts with the company and other workers. Article 170 privacy of employee telework arrangements 1-the employer must respect the privacy of the worker and the times of rest and family home, as well as provide good working conditions, both physical and moral. 2-whenever the telework is held at the domicile of the employee, the visit to the workplace should only have as their object the control of employment, as well as the instruments of work and can only be carried out between 9 and 19 hours, with the assistance of the employee or person designated by him. 3 – Constitutes a serious infraction violation of provisions of this article. Article 171 Participation and collective representation of workers in telework regime 1-the worker in telework regime integrates the number of employees of the company for all intents and purposes relating to structures of collective representation, and may apply for these structures. 2-the worker can use the information and communication technologies for the provision of work to participate in the meeting promoted in the workplace for collective representation of workers structure. 3-any structure of collective representation of workers can use the technology referred to in the preceding paragraph, in the exercise of their activities, communicate with the employee teleworking arrangements, in particular disseminating information referred to in paragraph 1 of article 4 – 463.º Is a serious infraction the breach of the provisions of paragraphs 2 or 3. 148 SUBSECTION VI temporary work Division I General provisions relating to temporary agency work article 172 specific concepts of temporary employment scheme: the temporary employment Contract), the fixed-term employment contract concluded between a temporary employment business and an employee, by which this is obliged, upon consideration of that, paying their users activity, remaining bound to the temporary employment business; b) employment contract for an indefinite period for temporary, providing the employment contract for an indefinite period concluded between a temporary employment business and an employee, by which this is obliged, upon consideration of that, the pay temporarily its business to users, while remaining bound to the temporary employment business; c) temporary labor contract, the service contract between a user and resolutivo term a temporary-work agency, for which this is obliged, upon return, to give in to that one or more temporary workers. Article 173 illegal worker Providing 1-is null the contract of use, the temporary employment contract or an employment contract for an indefinite period for temporary concluded by providing temporary employment business license holder not to the exercise of their activity.

149 2-is null, the contract concluded between temporary employment undertakings by which one gives to the other a worker to be subsequently transferred to third. 3-in the case referred to in paragraph 1, it is considered that the work is provided to the temporary employment business under contract without term. 4-in the case referred to in paragraph 2, it is considered that the work is given to the company that hires a worker under contract without term. 5-in the case of the worker be granted for temporary employment company licensed without having concluded temporary employment contract or an employment contract for an indefinite period for temporary assignment, the work is provided to this company under contract without term. 6-the provisions of paragraph 3, 4 or 5, the worker may opt, in the 30 days following the beginning of activity compensation in accordance with Article 394. 7-Is very serious infraction, attributable to the temporary employment business and the user, the conclusion of contract of temporary labor for company licensee. Article 174 special cases the responsibility of the temporary employment business or user 1-the celebration of temporary labor contract for temporary work company liable severally unlicensed this and the user by worker's claims arising from an employment contract, breach or termination, for the last three years, as well as the corresponding social charges. 2-the user is secondarily responsible for worker's claims for the first 12 months of work and the corresponding social charges.


150 DIVISION II temporary labor contract Article 175 Admissibility of temporary labor contract 1-temporary labor contract can be concluded only in the situations referred to in points (a)) g) of paragraph 2 of article 140 and still in the following cases: a) Vacancy of job when runs recruitment process to its completion; b) intermittent Need of manpower, determined by activity floating for days or parts of days, provided that the use does not exceed half the normal period of weekly work mostly practiced in user; c) Need to provide intermittent direct family support, social, for days or parts of days; d) realization of temporary project, including installation or restructuring of the undertaking or establishment, Assembly or repair. 2-for the purposes of the preceding paragraph, with regard to subparagraph (f)) of paragraph 2 of article 140, is considered exceptional growth of activity of the company that has duration until 12 months. 3-the duration of the contract of use cannot exceed the period strictly necessary to satisfy the need of the user referred to in paragraph 1. 4-it is not allowed the use of temporary worker in the workplace particularly dangerous to their safety or health, unless it is that their professional qualification.

151 5-it is not permitted to celebrate temporary labor contract for satisfaction of needs that were handled by worker whose contract has ceased in the 12 previous months by collective redundancy or dismissal on termination of employment. 6-Is very serious infraction imputable to the user violating the provisions of paragraph 4. Article 176 Justification of temporary labor contract 1-it is up to the user to proof of facts justifying the conclusion of contract of temporary labor. 2-is null use agreement concluded outside of the situations referred to in paragraph 1 of the preceding article. 3-in the case referred to in the preceding paragraph, it is considered that the work is provided by the user under contract without term, apply the provisions of paragraph 6 of article 173. Article 177 form and content of temporary labor contract 1-temporary labor contract is subject to written form, is signed in two copies and shall contain: a) Identification, signatures, domicile or seat of the parties, the respective numbers of contributors and the general social security scheme, as well as to the temporary employment business , the number and date of the Charter permits; b) justification of the use of temporary agency work by the user;

152 c) Characterization of the job to be filled, the respective occupational risks and, where appropriate, of the high risks or for the workplace particularly dangerous, the professional qualification required, as well as the mode adopted by the user for the services of safety and health at work and the respective contact; d) Local and normal working period; and Consideration of user worker) who performs the same functions; f) payment due by you to the temporary employment business; g) initiation and duration, certain or uncertain, of the contract; h) date of conclusion of the contract. 2-For the purposes of point (b)) of the preceding paragraph, the justification must be made by express mention facts that the make up, and establish the relationship between the grounds invoked and the stipulated term. 3-the use of temporary work contract must have attached a copy of the insurance policy for accidents at work which includes the temporary worker and the exercise for this, without which the user is jointly and severally liable for compensation for damage arising from an accident at work. 4 – the contract is null if it is not concluded in writing or omit the words required by subparagraph b) of paragraph 1. 5-in the case referred to in the preceding paragraph, it is considered that the work is provided by the user under contract without term, apply the provisions of paragraph 6 of article 173. 6-light infraction Is attributable to the temporary employment business and the user violation of subparagraphs (a)), c) or f) of paragraph 1.

153 Article 178 Duration of temporary labor contract 1-temporary labor contract is concluded the term resolutivo, certain or uncertain. 2-the length of temporary labor contract, including renewals, cannot exceed the duration of the cause or justification the limit of two years, or six or 12 months in case of, respectively, vacancy of the workplace when it attaches to the recruitment process your fill or exceptional growth of activity of the company. 3-it is considered as a single contract that is subject to renewal. 4-in the case of the temporary worker to continue to serve the user after 10 days after the termination of the contract of use without the conclusion of the contract based, it is considered that the work happens to be provided to the user on the basis of an employment contract without term. Article 179 prohibition of successive contracts 1-if you have completed the maximum length of temporary labor contract, succession in the same job or TEMP worker hired the term, before a period of time equal to one third of the duration of the contract, including renewals. 2-the provisions of the preceding paragraph shall not apply in the following cases: a New worker's absence) replaced, when the contract of use has been celebrated for its replacement; b) exceptional growth of need of manpower in seasonal activity.

154 DIVISION III temporary employment Contract Article 180 Admissibility of temporary agency work contract 1-the temporary employment contract can only be concluded the term resolutivo, right or uncertain, in the situations provided for in the contract of use. 2-is null the term stipulated in violation of paragraph 1, taking into consideration the work carried out in performance of the contract as provided to the temporary employment business under contract without term, and apply the provisions of paragraph 6 of article 173. 3-If the nullity referred to in the preceding paragraph shall run with the invalidity of the contract of use of temporary work, referred to in paragraph 2 of article 176 or paragraph 4 of article 177, it is considered that the work is provided to you under contract without term, apply the provisions of paragraph 6 of article 173. Article 181a form and content of temporary employment contract 1-the temporary employment contract is subject to written form, is signed in two copies and shall contain: a) Identification, signatures, domicile or seat of the parties and the date and number of the license of the Charter company of temporary work; b) reasons for the conclusion of the contract, with specific mention of facts that integrate; c) Activity contracted; d) Local and normal working period; and Retribution); 155 f) date of commencement of work; g) Term of the contract; h) date of conclusion. 2-in the absence of a written document or in the event of omission or insufficient indication of the reason justifying the conclusion of the contract, the work is given to the temporary employment business under the employment contract without term, apply the provisions of paragraph 6 of article 173. 3 – the contract that does not contain the mention of his term shall be deemed to have been concluded for a period of one month, not being allowed to renew. 4-a copy of the contract is with the employee. 5-Constitutes an administrative offence take, attributable to the temporary employment business, the violation of the provisions of subparagraph (a)) or any of the sub-paragraphs c) f) of paragraph 1 or in paragraph 4. Article article 182 temporary employment contract duration 1 – the duration of the temporary employment contract cannot exceed the contract of use. 2-the temporary employment contract term is not subject to a limit of duration of paragraph 2 of article 148 and can be renovated while maintaining the justification. 3-the duration of the temporary employment contract fixed-term, including renewals, cannot exceed two years or six or 12 months when that is concluded, respectively, in case of vacancy of job when recruitment takes place for your fill or of exceptional growth of activity of the company.


156 4-the temporary employment contract the uncertain term lasts as long as necessary to the satisfaction of the user, temporary need and may not exceed the limits of duration referred to in the preceding paragraph. 5-apply to the calculation of the limits referred to in the preceding paragraphs, the provisions of paragraph 5 of article 148. 6-to the expiry of the temporary employment contract shall apply the provisions of article 343.º or 344, depending on whether the right term or uncertain. DIVISION IV contract of employment for an indefinite period for temporary Article 183 providing form and content of an employment contract for an indefinite period for temporary 1-providing the employment contract for an indefinite period for temporary cession is subject to written form, is signed in two copies and shall contain: a) Identification, signatures, domicile or seat of the parties and the date and number of the license of the Charter company of temporary work; b) express Mention that the employee accepts the company of temporary work the ceda temporarily to users; c) contracted Activity or general description of functions the exercise and appropriate professional qualification, as well as the geographic area in which the worker belongs to serve; d) minimum wage for the compromises that occur, in accordance with article 185. 2-a copy of the contract is with the employee.

157 3-in the absence of a written document or in the case of omission or inadequacy of the particulars referred to in (b)) or c) of paragraph 1, it is considered that the work is provided to the temporary employment business under contract without term, apply the provisions of paragraph 6 of article 173. 4 – Constitutes a serious infraction the breach of paragraph b) of paragraph 1. Article 184.º period without temporary 1-providing-In period is not in a position to transfer, the employee hired for an indefinite period can provide to the temporary employment business activity. 2-during the period referred to in the preceding paragraph, the employee is entitled: a) If not press activity, the compensation provided for in collective labour regulation instrument, or on the value of two-thirds of the final retribution or the minimum monthly wage, whichever is more favourable; b) If exercise activity to the temporary employment business, the compensation corresponding to the activity performed, without prejudice to the value referenced in the contract of employment referred to in the previous article. 3-serious infraction Is attributable to the temporary employment business to violating the provisions of this article. DIVISION V to provide work Regime of temporary worker article 185 temp working conditions 1-the temporary worker may be assigned to more than one user, even if it is not in possession of an employment contract for an indefinite period to transfer temporary, if otherwise is not established in the contract. 158 2-During the assignment, the employee is subject to the rules applicable to the user with regard to the manner, place, duration of work and suspension of the contract of work, safety and health at work and access to social facilities. 3-the user must draw up the work schedule of the employee and mark the vacation period which are taken at your service. 4-during the execution of the contract, the exercise of disciplinary power is the responsibility of the temporary employment business. 5-the employee is entitled to the minimum wage of collective labour regulation instrument applicable to the temporary employment business or user corresponding to their duties or practised for this to equal work or of equal value, whichever is the more favourable. 6-the employee is entitled, in proportion to the duration of the contract, the vacation, holiday and Christmas allowances, as well as the other regular and periodic benefits that workers of the user are entitled for equal work or of equal value. 7-the retribution of vacation and holiday and Christmas allowances of worker hired for an indefinite period for temporary transfer are calculated on the basis of the average compensation paid in the last 12 months, or during the period of performance of the contract if this is less than, excluding the compensation referred to in article 184.º and the corresponding periods. 8-the temporary worker assigned to user abroad for less than eight months is entitled to the payment of a monthly allowance for expenses up to a maximum of 25% of the value of the consideration basis. 9-the provisions of the preceding paragraph does not apply to employee holder of an employment contract for an indefinite period for temporary assignment, to which the rules of subsistence allowance mission allowances provided for in the law.

159 10 – without prejudice to the preceding paragraphs, after 60 days of provision of work, is applicable to the temporary worker the instrument of collective labour regulations applicable to workers of the user carrying out the same functions. 11-the user must inform the temporary worker of the jobs available in the undertaking or establishment for functions similar to those carried out by this, with a view to their application. 12-Constitutes a serious infraction the breach of the provisions of paragraph 3 and constitutes the exercise of disciplinary power by the user or the violation of the provisions of the preceding paragraph. Article 186 occupational health and Safety 1-temporary workers temporary benefits from the same level of protection of safety and health at work to the remaining workers. 2-before the transfer of temporary worker, the user must inform, in writing, the temporary employment business on: a) the results of the assessment of risks to the safety and health of temporary worker inherent in the workplace that will be engaged and, in case of high risks related to workplace particularly dangerous, the need for adequate vocational qualifications and special medical surveillance; b) instructions on measures to be taken in the event of serious and imminent danger; (c)) the first aid measures, fire-fighting and evacuation of workers in the event of a claim, as well as workers or services in charge of the put into practice; (d)) the way of the occupational physician or the health and safety of temporary employment business access workstation to occupy.


160 3-the temporary employment business must inform the temporary worker the notification provided for in paragraph 1, in writing and prior to their assignment to the user. 4-health exams for admission, and occasional journals are the responsibility of the temporary employment business, leaving it to the respective occupational physician the preservation of charts. 5-the temporary employment business shall inform the user that the worker is considered fit as a result of health check, has the appropriate professional qualifications and have the information referred to in paragraph 2. 6-the user must ensure the temporary worker training enough and suitable for the workplace, taking into account their professional qualifications and experience. 7-the worker exposed to risks related to workplace particularly dangerous must have special medical surveillance, the position of the user, whose occupational physician must inform the occupational physician of the temporary-work agency about possible contraindications. 8-the user shall communicate the beginning of temporary worker, within five working days following that date, the occupational safety and health, workers ' representatives for safety and health at work of workers with specific functions in this field and to the workers. 9-Is very serious infraction the breach of the provisions of paragraph 7, constitutes serious infraction the breach of the provisions of paragraphs 4, 5 or 6 and is against-take the breach of the provisions of paragraphs 3 or 8. Article 187 § temp 1 vocational training-the temporary employment business shall ensure vocational training of temporary worker hired the term whenever the duration of the contract, including renewals, or the sum of temporary employment contracts on a calendar year successive exceeds three months. 161 2-vocational training provided for in the preceding paragraph must have a minimum of 8 hours or higher duration according to paragraph 2 of article 131. 3-the temporary employment business must affect the professional training of temporary workers, at least 1% of its annual business volume in this activity. 4 – the temporary-work agency cannot require the temporary worker any sum, that title is, in particular for guidance or vocational training services. 5-Constitutes a serious infraction violation of provisions of this article. 6-In case of violation of paragraph 4, may be accessory penalties imposed on temporary suspension of the exercise of the activity up to two years, which is registered on the national register of temporary employment undertakings. Article 188 temp Replacement 1-unless otherwise agreed, in case of termination of employment of temporary worker or the absence of this, the temporary employment business must assign another worker to you within 48 hours. 2-the user can refuse to provide the temporary worker, in the first 15 or 30 days of stay of this at your service, depending on the contract of use whether or not less than six months, in which case the temporary employment business must proceed in accordance with the preceding paragraph.



162 Article 189-temp 1 Framework-the temporary worker is considered, with respect to the temporary employment business and the user, for the purposes of the application of the regime on the collective representation of workers structures, as are concerned matters relating to temporary employment company or user, including the Constitution of the same structures. 2-the temporary worker is not included in the number of employees of the user to determine the obligations on the basis of the number of employees, except as regards the organisation of services of safety and health at work and the classification according to the type of business. 3-the user must include information about the temporary worker in the social balance sheet and the annual report of the activity of the services of safety and health at work. 4-the temporary employment business must include information about the temporary worker on a map of the staff and in the annual reports of vocational training and of the activity of the services of safety and health at work. 5-light infraction Is a violation of the provisions of paragraph 3. Article 180 Benefits guaranteed by collateral to exercise temporary activity 1-the security constituted by the temporary employment business for the activity ensures, in accordance with specific legislation, the payment of: the Temp on credit) retribution, compensation or compensation for the termination of the employment contract and other cash benefits, in arrears for more than 15 days;

163 b) social security contributions in arrears for more than 30 days. 2 – the existence of labor credit in arrears can be verified by final decision of application of fine for lack of payment, or judgment which has become final. Article 191 implementation of security 1-the worker must lodge their claims within 30 days of the expiry of the employment contract, as well as communicate such fact to the public employment service, for the purposes of payment through the collateral. 2-the lack of prompt payment of labor extending credit for period exceeding 15 days must be declared at the request of the employer, within five days, or, in case of refusal by the competent inspection service of the Ministry responsible for labour area, within 10 days. 3-the Declaration referred to in the preceding paragraph shall specify the nature, the amount and the period to which the credit. 4-the employee or creditor of other charges as provided for in the preceding article may request the public employment service to pay their credit through the collateral, in the 30 days following the date of its maturity, showing the Declaration referred to in paragraph 2. 5-in the case of the statement issued by the competent inspection service of the Ministry responsible for labour area, the public employment service notifies the company of temporary work which the employee requested the credit payment on the bond and that this is done if it does not prove the payment within eight days. 6-If the deposit is insufficient in the face of claims whose payment is requested, this is done according to the following precedence: 164 a) pay Credits workers for the last 30 days of activity, with the corresponding limit to the amount of three times the minimum monthly wage; (b)) other loans pay for order of request; c) compensation for the termination of the temporary employment contract; d) other charges with the workers. Article 192 penalties under temporary work 1-along with the fine, can be punished with the sanction of prohibition of exercise of ancillary activity up to two years the temporary employment business to admit workers in violation of the rules on the minimum age or compulsory education. 2-the temporary employment business can still be punished with the sanction's ban accessory activities until two years in case of recurrence in practice of the following offenses: a) accident insurance Constitution of temp work; b) late for period exceeding 30 days in the payment of the consideration due to temporary workers. 3-the temporary employment business, along with the fine applicable to against-contract sort of temporary labor not being holder of a license, it is still punishable by order of closure of the establishment where the activity is carried out, to the regularization of the situation. 4-the accessory sanction referred to in the preceding paragraphs is registered on the national register of temporary employment undertakings provided for in specific legislation.

165 CHAPTER II Provision of labour workplace section I article 193 notion of workplace 1-the worker must, in principle, the activity at the site contractually defined, without prejudice to the provisions of the following article. 2-the employee is attached the movements inherent in their duties or which are indispensable for their vocational training. Article 194 workplace Transfer 1-the employer may transfer the worker to another job site, temporarily or permanently, in the following situations: a) in case of change or termination, in whole or in part, of the establishment where the pay service; b) When other reason in the interest of the company so require and the transfer does not involve injury to the worker. 2-the parties may, by agreement, extend or restrict the provisions of the preceding paragraph, by agreement which expires after two years if it has not been applied. 3 – the temporary transfer shall not exceed six months, unless by compelling demands of the operation of the company.


166 4-the employer shall defray the expenses of the worker resulting from the addition of travel costs and the change of residence or, in the case of temporary transfer, accommodation. 5-in the case of permanent transfer, the employee can resolve the contract if you have serious injury, being entitled to compensation provided for in article 365.º. 6-the preceding paragraphs can be removed by collective labour regulation instrument. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 4, in the case of permanent transfer, and constitutes an administrative offence take the breach of the provisions of paragraph 3. Article 195 Procedure in case of transfer of the workplace 1-the employer shall communicate the transfer to the employee, in writing, with eight to 30 days in advance, depending on whether this is temporary or permanent. 2-the communication must be substantiated and indicate the foreseeable duration of the transfer, stating, where appropriate, the agreement referred to in paragraph 2 of the preceding article. SECTION II Duration and organization of working time SUBSECTION I General principles and Notions about duration and organization of working time Article 196.º 1 working time-working time shall be deemed to be any period during which the worker carries out the function or remains attached to the implementation of the provision, as well as the disruption and the intervals provided for in the following paragraph. 167 2-shall be deemed to be included in the working time: a) the interruption of work as such considered in collective labour regulation instrument, internal regulations or resulting from use of the company; b) the occasional interruption period of daily work inherent in the satisfaction of personal needs of workers cannot be postponed or resulting from the employer's consent; c) the interruption of work for technical reasons, in particular cleaning, maintenance or set-up of equipment, change of production program, loading or unloading of goods, lack of raw materials or energy, or by climatic factor affecting the activity of the company, or for economic reasons, including breach of orders; d) meal break where the worker has to remain in the usual space or close to him, so he could be called to provide normal work in case of need; and the interruption or pause) the working period imposed by standards of safety and health at work. 3 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 197 normal working Period working time that the worker is obliged to pay, measured in number of hours per day and per week, is called normal working period.



168 Article 198 rest period shall mean the rest period which is not working time. Article 199.º working hours 1-term working hours determining the start and end of the normal working day period and the range of rest and weekly rest period. 2-working hours limits the normal daily and weekly work. 3-the beginning and the end of the normal working day period can occur on consecutive days. 200th article 1 operating time-term period of operation the daily time period during which the establishment can exert their activity. 2-the period of operation of retail establishment is opening period. 3-the period of operation of industrial plant is called operation period. 4-the system of operating periods in specific legislation.



Article 169 201 registration of working hours 1. The employer must keep the registration of working hours, in accessible location and in a manner which enables the immediate query. 2. the register shall contain the indication of the start and end of working time, as well as the interruptions or ranges that you don't understand, in order to allow for the number of working hours provided per employee, per day and per week, as well as provided in situations referred to in subparagraph (b)) of paragraph 1 of article 256. 3-the employee providing work outside the company should target the register immediately after his return to the company, or send the same duly stamped, so that the company has the duly authenticated record within 15 days from the date of provision. 4. The employer shall keep the record of working hours, as well as the Declaration and the agreement referred to in article 256 and the agreement referred to in subparagraph (f)) of paragraph 3 of Article 225a, for five years. 5-Constitutes a serious infraction violation of provisions of this article. SUBSECTION II Limits the duration of work Article 202 the ceilings normal working period 1-the normal period of work may not exceed 8 hours per day and 40 hours per week.

170 2-the normal period of daily work of worker pay work exclusively on weekly rest days of the majority of workers in the undertaking or establishment can be increased up to 4 hours per day, without prejudice to the provisions on collective labour regulation instrument. 3-there's 15 minutes tolerance for transactions, operations or other tasks started and not finished in time for the end of the normal working day period, having such exceptional tolerance and with the addition of work be paid to make up 4 hours or at the end of the calendar year. 4 – the maximum normal period can be reduced by collective labour regulation instrument and may not result reduction in workers ' compensation. 5-Constitutes a serious infraction violation of provisions of this article. Article 203 Adaptability by collective 1-Regulations For collective labour regulation instrument, the normal period of work can be defined in average terms, in which case the daily limit established in paragraph 1 of the preceding article may be increased up to 4 hours and the duration of the working week can reach 60 hours, just be counting on these additional work provided by reason of force majeure. 2-the normal period set pursuant to paragraph 1 may not exceed 50 hours on average over a period of two months. 3 – Constitutes a serious infraction violation of provisions of this article.


Article 204 Article 171 individual adaptability 1. The employer and the employee may, by agreement, set the normal working period in average terms. 2. The agreement may provide for an increase in the normal daily work period until 2 hours and the working week can reach 50 hours, just be counting on these additional work provided by reason of force majeure. 3. In the duration of the working week is less than 40 hours, the reduction can be up to 2 hours per day or being awake, in days or half-days, without prejudice to the right of the meal allowance. 4. The agreement may be concluded on a proposal, in writing, the employer assuming the acceptance on the part of worker that she does not oppose, in writing, within 14 days following the notice of the same. 5. The legal framework laid down in the preceding paragraphs remains until the end of the reference period running at the date of entry into force of collective labour regulation instrument relating to the matter. 6. Constitutes a serious infraction violation of provisions of this article. Article 205 Group 1-the Adaptability of collective labour regulation instrument establishing the adaptability scheme laid down in article 203 could provide that: a) the employer may apply the scheme to all the workers of a team, section or economic unit if at least 60% of workers are covered by this framework, through membership of Gewerkschaftsbund celebrant of the Convention and by choice that Convention as applicable; 172 b) the provisions of the preceding paragraph apply while employees of the team, section or economic unit in question covered by the scheme in accordance with the final part of the preceding paragraph are in equal to or greater than the number corresponding to the percentage indicated therein. 2-If the proposal referred to in paragraph 4 of the preceding article is accepted by at least 75% of the employees of the team, section or economic unit to whom is addressed, the employer may apply the same regime to all the workers of this structure. 3-the provisions of the preceding paragraph shall apply while employees of the team, section or economic unit concerned to accept the regime are in equal to or greater than the number corresponding to the percentage indicated therein. 4-the adaptability scheme instituted pursuant to paragraphs 1 or 2 shall not apply to employee covered by a collective agreement which has so opposed to this scheme or, for arrangement referred to in paragraph 1, the employee represented by that Trade Union Association have objected the extension Ordinance of the collective agreement in question. 5 – Constitutes an administrative offence record working hours practice contrary to the provisions of this article. Article 206 1 – reference period under adaptability, the average length of the work is determined by reference to the period specified in collective labour regulation instrument that does not exceed 12 months or, failing that, a period of four months. 2-in the situation referred to in the preceding paragraph, the reference period may be extended to six months when is concerned: the family of the Worker employer);

173 b) Worker to take administrative or management position, or with autonomous decision-taking powers; c) Activity characterized by entail clearance between the workplace and the residence of the employee or between several places of work of the worker; d) security and surveillance Activity to persons or goods having the character of permanency, including guard, doorman or security company worker or surveillance; and) Activity characterized by the need for continuity of service or production, particularly: i) reception, treatment or care provided by hospital or similar establishment, including the activities of doctors in training, or for residential institution or prison; II) port or airport; III) press, radio, television, cinematographic production, postal services, telecommunications, ambulance service, firefighters or civil protection; IV) production, transport or distribution of gas, water, electricity, waste disposal or incineration; v) Industry whose work process cannot be interrupted for technical reasons; vi) research and development; VII) Agriculture; VIII) carriage of passengers on regular urban transport service. f) predictable Increase of activity, particularly in agriculture, tourism and postal services;

174 g) railway Worker providing intermittent work aboard trains or resulting in order to ensure the continuity and regularity of traffic; h) unforeseeable circumstances or force majeure; I) Accident or imminent risk of accident. 3-Notwithstanding the provisions of collective labour regulation instrument, the reference period can only be changed during its course when objective circumstances warrant and the total hours of work provided does not exceed those that would have been made if not allows the adaptability scheme, by applying mutatis mutandis the provisions of paragraph 3 of article 204. 4 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 207 1-hours Bank by instrument of collective labour regulation, can be instituted a system of Bank of hours, in the organisation of working time obey the following paragraphs. 2-the normal period may be increased up to 4 hours a day and can reach 60 hours a week, taking the increase for 200 hours per year limit. 3-the annual limit referred to in the preceding paragraph can be removed by collective labour regulation instrument if the use of the system aims to avoid the reduction of the number of workers and can only this limit be applied for a period up to 12 months. 4 – the collective regulatory instrument should regulate: a) the compensation of work provided in addition that can be made by means of equivalent reduction in working hours, payment of money or both modes;

175 b) to advance the employer must inform the worker the need for provision of work; (c)) the period in which the reduction in working hours to compensate for work done in addition shall take place, by the employee or, in the absence thereof, of the employer, as well as to advance any of them shall inform each other of the use of such reduction. 5 – Constitutes an administrative offence record working hours practice contrary to the provisions of this article. Article 208 concentrated Schedule 1-collective labour regulation instrument or agreement between employer and worker, the normal daily work period can be increased up to 12 hours, to focus the working week in three or four consecutive days and the duration of the normal weekly working period be respected on average of a reference period up to 45 days. 2-the instrument of collective labour regulation establishing the concentrated time regulates the compensation and other conditions of their application. Article 209 exceptions to the maximum normal working period 1-the limits of the normal work period laid down in article 202 may only be exceeded in cases expressly provided for in this code, or when collective labour regulation instrument permits in the following situations: the 176) regarding non-profit entity worker or closely linked to the public interest provided that the subjection of the normal period of work to these limits is not affordable; b) In relation to worker whose work is extremely intermittent or simple presence. 2-whenever entity referred to in subparagraph (a)) of the preceding paragraph shall continue industrial activity, the normal working period must not exceed 40 hours per week on average for the reference period applicable. Article 210.º maximum average weekly working time 1-without prejudice to the provisions in articles 202 to 209, the average weekly working time, including additional work, may not exceed 48 hours over a period of reference established in collective labour regulation instrument not exceeding 12 months or, failing that, a reference period of four months , or six months in the cases provided for in paragraph 2 of article 206. 2-in the calculation of the average referred to in the preceding paragraph, the vacation days are subtracted to the reference period in which they are taken. 3-The days of sick leave, as well as the days of parental leave, or complement, and parental leave a child with a disability or chronic illness are considered on the basis of the corresponding normal work period. 4-the preceding paragraphs do not apply to workers who occupy administrative or management position or with autonomous decision-taking powers, which are exempt from working hours, under (a)) or b) of paragraph 1 of article 218.


177 SUBSECTION III working hours Article 211 preparation of working hours 1-it is for the employer to determine the worker's working time, within the limits of the law, in particular of the applicable period. 2-in the drafting of the working hours, the employer must:) take into account primarily the requirements of protection of the safety and health of the worker; (b) the worker) to facilitate reconciliation of work and family life; c) Facilitate worker school course frequency, as well as technical or professional training. 3-the workers ' Committee or, failing that, the intersindicais trade union committees, commissions or trade union representatives must be consulted in advance about the definition and the Organization of work schedules. 4 – Constitutes a serious infraction the breach of the provisions of paragraphs 2 or 3. Article 212.º 1 rest interval-the daily work period must be interrupted by a rest interval, duration of not less than 1 hour and not more than two, so that the employee does not pay more than 5 hours in a row.

178 2-by instrument of collective labour regulation, can be allowed the provision of work until 6 consecutive hours and the rest interval can be shortened, deleted or have length greater than that provided for in the previous paragraph, as well as can be determined the existence of other intervals of rest. 3-the competent inspection service of the Ministry responsible for labour area, upon request of the employer, accompanied by a written declaration of consent of the worker concerned and information to the employees of the company and the Union representative of the employee concerned, authorize the reduction or exclusion of rest interval, when such is favourable to the worker's interest or is justified by the particular conditions of work of certain activities. 4-it is not allowed to change the interval of rest provided for in the preceding paragraphs that involve more than 6 consecutive working hours, except in the context of activity referred to in point (d)) or e) of paragraph 2 of article 206, as well as in the case of workers who occupy administrative or management position or with autonomous decision-taking powers, which are exempt from work hours. 5-Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 4. Article 213 daily rest 1-the employee is entitled to a rest period of at least 11 consecutive hours between two consecutive working daily periods. 2-the provisions of the preceding paragraph shall not apply: a) the worker to take administrative or management position or with autonomous decision-taking powers, which are exempt from work schedule;

179 b) when it is necessary to provide additional work, by reason of force majeure, or for being indispensable for repair or prevent serious injury to the company or to its viability due to accident or imminent risk of accident; c) When the normal period of work is split throughout the day based on characteristic of activity, particularly in cleaning services; d) In activity characterized by the need for continuity of service or production, particularly referred to in any of subparagraphs (a) (d)) and e) of paragraph 2 of article 206, with the exception of point viii) of the second paragraph, and in the event of foreseeable increase in tourism activity, since that instrument of collective labour regulations ensure the worker an equivalent compensatory rest period and set the period in which the same shall be taken. 3-in the case referred to in point (a)) or b) of the preceding paragraph, between two daily periods of consecutive work must be observed a period of rest to allow the worker's recovery. 4 – Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 3. Article 214 Map of working time 1-the employer draws up the map from working hours taking into account the legal provisions and the instrument of collective labour regulations applicable, which shall contain: a) business name of the employer; b) operations; c) headquarters and workplace that employees respect; d) start and end of the period of operation and, if any, closure or suspension of operation of the company or establishment; 180 e) start and expiry of the normal periods of work, with indication of rest intervals; f) mandatory weekly rest day and supplementary weekly rest period, if this exists; g) collective labour regulation instrument apply, if any; h) Scheme resulting from agreement establishing working hours under adaptability, if any. 2-When the particulars referred to in the preceding paragraph are not common to all workers, the work schedule shall include the identification of workers whose scheme is different from the established to the other, without prejudice to the provisions of paragraph 4. 3-where working hours include shifts, the map must also indicate the number of shifts and those in which there are minors, as well as the range of rotation if it exists. 4-the composition of the shifts, in accordance with their scale, if any, is recorded in book form or in electronic form and is an integral part of the map of working hours. 5-Constitutes a serious infraction violation of provisions of this article. Article 215 Posting and sending a map of working time 1-the employer post the map of working hours at the workplace concerned, in a clearly visible place. 2-When several companies, institutions or services develop, at the same time, activities in the same workplace, the holder of the premises must allow the display of different maps of working hours.


181 3-on the same date, the employer must produce a copy of the map from working hours to the competent inspection service of the Ministry responsible for labour area, in particular through electronic mail, at least 48 hours before its entry into force. 4-conditions of publicity from working hours of a worker assigned to the operation of motor vehicles are laid down in Ordinance of the Ministers responsible for labour area and the transport sector. 5-light infraction Constitutes the violation of the provisions of paragraphs 1, 2 or 3. Article 216 1 working hours change-the change of working timetable shall apply on their elaboration, with the specifics given in the following paragraphs. 2-the change of working hours must be preceded by consultation of the workers involved and to the workers or, failing that, the Commission or trade union or trade union delegates Inter-Union as well, although in force the regime of adaptability, be affixed to the company ahead of seven days in relation to the start of your application, or three days in case of a micro-enterprise. 3-the exception to the preceding paragraph changing working hours whose length is no more than a week, as long as it is registered in a proper book, with a statement that was consulted the structure of collective representation of workers referred to in the preceding paragraph, and the employer does not use this scheme, more than three times a year. 4 – cannot be unilaterally changed the schedule agreed individually. 5-amendment involving additional costs for the employee gives economic compensation law. 6 – Constitutes a serious infraction violation of provisions of this article. 182 SUBSECTION (IV) exemption from working hours Article 217 conditions for exemption from working hours 1-by written agreement, can be exempt from work schedule the worker who is in one of the following situations: the Exercise of Office of Directors) or Directorate, or reliable functions, supervision or support the holder of these positions; b) execution of preparatory work or complementary which, by their nature, may be carried out outside the limits of working hours; c) Telecommuting and other cases of regular exercise of activity outside the establishment, without immediate supervision by superior. 2-the collective labour regulation instrument may provide for other situations of eligibility for exemption from working hours. 3-the agreement referred to in paragraph 1 shall be sent to the competent inspection service of the Ministry responsible for labour area. 4-light infraction Is violation of the preceding paragraph. Article 218 modalities and purposes of exemption from working hours 1 – the parties may agree on one of the following procedures for exemption from working hours:) not subject to the maximum limits of the normal work period; b) Possibility of determined increase in the normal work period per day or per week; 183 c) observance of the normal work period agreed. 2-in the absence of stipulation of the Parties shall apply the provisions of subparagraph (a)) of the preceding paragraph. 3-the exemption does not prejudice the right to a weekly rest day, mandatory or complement, the holiday or the daily rest. 4 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. SUBSECTION V shift work Article 219(3) notion of shift work shift work shall be deemed to be any organization of team work in which workers occupy successively the same jobs, a certain rhythm, including the Roundhouse, continuous or discontinuous, and can perform work at different times over a given period of days or weeks. Article 220-1 shifts organization must be organized different staff shifts whenever the operating period exceeding the maximum limits of the normal work period. 2-shifts must as far as possible, be organized in accordance with the interests and preferences expressed by workers. 3-duration of work every shift may not exceed the maximum limits of normal working periods. 4-the worker can only change shifts after the weekly day of rest.

184 5-The continuous working regime shifts and workers providing services that cannot be interrupted, notably in the situations referred to in points (d)) and e) of paragraph 2 of article 206 shall be arranged so that each shift workers enjoy at least one rest day in every period of seven days without prejudice to the period of rest over the entitled. 6-the employer must have separate registration of workers included at every turn. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 3, 4, 5 or 6. Article 221 Protection for safety and health at work 1-the employer shall organise the activities of safety and health at work so that shift workers have a level of protection in health and safety appropriate to the nature of the work they carry out. 2-the employer must ensure that the means of protection and prevention of safety and health of workers in shifts are equivalent to those applicable to other workers and are available at any time. 3 – Constitutes a serious infraction violation of provisions of this article. SUBSECTION VI night work night work notion 222.º Article 1-it is considered night work the rendered in a period that has the minimum duration of 7 hours and a maximum of 11 hours, including the interval between zero and 5 hours.

185 2-the night work period can be determined by collective labour regulation instrument, with observance of the provisions of the preceding paragraph, considering as such, in the absence of that determination, between the 22 hours a day and 7 hours of the next day. Article 223 work duration of night worker 1-night worker shall mean the that provides at least 3 hours of regular work each day or night that is carried out during the night time part of their annual working time corresponding to 3 hours per day, or other defined by collective labour regulation instrument. 2-the normal period of daily work night worker, when daylight savings adaptability scheme, must not exceed 8 hours per day on average weekly, without prejudice to the provisions on collective labour regulation instrument. 3-To discharge of the average referred to in the preceding paragraph does not include the compulsory weekly rest days and public holidays or supplement. 4-the night worker must not provide more than 8 hours in a 24-hour period in which night work, in any of the following activities that involve special risks or physical or mental strain: the Monotonous, repetitive, cadenciadas) or isolated; (b)) In the work of construction, demolition, excavation, land movement, or intervention in the tunnel, railroad or highway without traffic interruption, or at risk of falling from a height or burial; c) extractive industry; d manufacturing, transportation) or use of explosives and pyrotechnics; and) involving contact with electric current of medium or high voltage; 186 f) production or transport of compressed, liquefied or dissolved gases or with significant use of them; g) That, on the basis of the risk assessment to be carried out by the employer, in particular, dangerous, unhealthy or painfulness toxicity. 5-the preceding paragraphs shall not apply to workers who occupies position of administration or management or with autonomous decision-taking powers that be exempt from working hours. 6-the provisions of paragraph 4 is also applicable:) when the provision of additional work is required due to force majeure or to prevent or remedy serious injury to the company or to its viability due to accident or imminent risk of accident; b) characterized by the need for continuity of service or production, particularly referred to in any of paragraphs d) f) of paragraph 2 of article 206, provided by collective agreement the employee is granted equivalent compensatory rest period. 7-Constitutes a serious infraction the breach of the provisions laid down in paragraphs 2 or 4. Article 224 night worker protection 1-the employer must ensure free health exams and sealed the night worker intended to assess their State of health prior to their assignment and thereafter at regular intervals and at least once a year. 2-the employer must assess the risks inherent in the business, bearing in mind, in particular, their physical and mental condition, before the start of the activity and every six months, and before change in working conditions.


187 3-the employer shall keep the record of the assessment carried out in accordance with the preceding paragraph. 4-night worker shall apply the provisions of article 221 5-wherever possible, the employer shall ensure that workers who suffer from health problems related to the provision of night work to day work allocation that is fit to play. 6-the employer must consult the workers ' representatives for safety and health at work or, failing these, the worker himself, on assignment to night work, the Organization of this that best suits to the worker, as well as on health and safety measures to be adopted. 7-Constitutes a serious infraction violation of provisions of this article. SUBSECTION VII supplementary Work Article 225a notion of additional 1 work-work supplement provided during off-hours. 2-in the case where the agreement on exemption from working hours but has limited the provision of this particular period of work, daily or weekly, it is considered extra work which exceeds this period. 3-don't understand the notion of extra work: a) provided per employee exempt from working hours in normal day of work, without prejudice to the provisions of the preceding paragraph;

b 188) provided to compensate for suspension of activity, regardless of its cause, duration not exceeding 48 hours, followed or interpolated by a rest day or holiday, by agreement between the employer and the employee; c) 15 minutes tolerance provided for in paragraph 3 of article 202; d) vocational training held outside working hours, not more than 2 hours per day; and) the work done under the conditions laid down in point (b)) of paragraph 1 of article 256; f) the work provided for compensation for periods of absence to work carried out by the employee, provided that again and have the agreement of the employer. 4-in the situation referred to in point (f)) of paragraph 3, the work provided to compensation may not exceed the daily limits of paragraph 1 of article 227.º. Article 226 of the provision of additional Working Conditions 1-the additional work can only be provided when the company has to cope with possible increase and not transitory is justified for such employee's admission. 2-the additional work can still be rendered in cases of force majeure or where it is necessary to prevent or remedy serious injury to the company or to its viability. 3 – the employee is obliged to perform the provision of additional work, except when there is cogent reasons, expressly request your waiver. 4-Is very serious infraction the breach of the provisions of paragraphs 1 or 2.

Article 189 227.º additional working time limits 1-additional work referred to in paragraph 1 of the preceding article is subject, per worker, to the following limits: a) in the case of micro or small company, 175 hours per year; b) in the case of medium or large company, 150 hours per year; c) in the case of part-time worker, 80 hours per year, or the number of hours corresponding to the ratio of their normal working period and the full-time worker in a comparable situation, when higher; d) In normal day of work, 2 hours; e) weekly rest days, mandatory or complementary, or holiday, a number of hours equal to the normal daily work period; f) in half a day of rest, a number of hours equal to half normal daily work period. 2-the limit referred to in subparagraph (a)) or b) of the preceding paragraph may be increased up to 200 hours per year, by instrument of collective labour regulation. 3 – the limit referred to in point (c)) of paragraph 1 may be extended by written agreement between the employee and the employer, up to 130 hours per year or, by instrument of collective labour regulation, up to 200 hours a year. 4-the additional work referred to in paragraph 2 of the preceding article only is subject to a maximum weekly working period in paragraph 1 of article 210.º. 5-very serious infraction Constitutes the violation of the provisions of paragraph 1 and constitutes a serious infraction the breach of the provisions of paragraph 2.

190 Article 228 compensatory rest additional 1 working-the employee that provides additional job in business day on weekly rest day or on holiday are entitled to compensatory rest paid, corresponding to 25% of the hours of additional work performed, without prejudice to the provisions of paragraph 3. 2-compensatory rest referred to in the preceding paragraph WINS when he reaches a number of hours equal to the normal daily work period and must be enjoyed in 90 days. 3-the employee that provides supplementary job preventing the enjoyment of daily rest are entitled to compensatory rest paid equivalent to the hours of rest, mocking one of three working days. 4-the employee that provides work in mandatory weekly rest day is entitled to a compensatory paid day of rest, to enjoy one of three working days. 5-compensatory rest is marked by agreement between employee and employer or, failing that, by the employer. 6-the provisions of paragraphs 1 and 2 may be removed by instrument of collective labour regulation establishing supplementary work compensation by equivalent reductions in working hours, payment of money or both. 7 – Is very serious infraction the breach of the provisions of paragraphs 1, 3 or 4.

191 Article 229a special Regimes of supplementary work 1 the provision of additional work, days of mandatory weekly rest period, not exceeding 2 hours due to unforeseen lack of worker who should occupy the workplace following shift gives right to compensatory rest pursuant to paragraph 3 of the preceding article. 2 – compensatory rest additional paid work in working day or holiday, except as referred to in paragraph 3 of the preceding article, may be replaced by provision of remunerated work with addition of not less than 100%, by agreement between employer and employee. 3-In micro or small business, by reason of consideration related to the organisation of work, compensatory rest referred to in paragraph 1 of the preceding article, subject to the provisions of paragraph 3 of the same article, can be overridden by providing paid work with an increase of not less than 100%. 4-the limits of time and compensatory rest additional paid work to ensure the service shifts from retail pharmacies are included in specific legislation. 5-Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 230 additional working Record 1-the employer must have a record of additional work in that, prior to the commencement of the provision of additional work and soon after their term, are noted the hours in each of the situations occurs. 2-the worker must aim at the record referred to in the preceding paragraph, when si is made, immediately after the provision of additional work.

192 3-a worker to perform extra work outside the company should target the record, immediately after his return to the company or by sending the same duly endorsed, and in any case the company dispose of the record in question within 15 days of delivery. 4-the register shall contain the indication expressed the Foundation of providing extra work and compensatory rest periods enjoyed by the employee, in addition to other elements listed in its model, approved by order of the Minister responsible for labour area. 5-violation of paragraphs 1 gives the worker for every day he has been paying activity outside working hours, the right to compensation corresponding to 2 hours of extra work. 6-registration of additional work is carried out in appropriate documentary support, namely printed adapted to the existing attendance control system in the company, allowing your query and immediate impression and should be permanently updated, without amendments or deletions not subject. 7-in the months of January and July each year the employer must send to the competent inspection service of the Ministry responsible for labour area, in electronic format, nominal relationship of workers paying extra work during the previous semester, with a breakdown of the number of hours provided under paragraphs 1 or 2 of article 209, the Commission aimed at workers or failing that, in the event of a worker affiliated, by their Union. 8-the employer must keep for five years nominal relationship of workers who have carried out further work, with a breakdown of the number of hours provided under paragraphs 1 and 2 Article 226 and days of enjoyment of the corresponding compensatory rest periods. 9-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2, 4 or 7 and constitutes an administrative offence take violation of paragraph 8. 193


SUBSECTION VIII weekly rest Article 231.º weekly rest 1-the employee is entitled to at least one day of rest per week. 2-the day of mandatory weekly rest period must be Sunday, as well as in other cases provided for in special legislation, when a worker provides activity: a) In undertaking or enterprise sector need not terminate or suspend the operation a full day a week, or to terminate or suspend the operation days other than Sunday; b) In business or sector of company whose operation cannot be interrupted; c) In activity that should take place on a day of rest of the remaining workers; d) In surveillance activity or cleaning; e) at a trade fair or exhibition. 3 – By collective labour regulation instrument or contract of employment, can be instituted a weekly rest period, continuous or discontinuous, in all or a few weeks of the year. 4-the employer shall, wherever possible, provide the weekly rest period on the same day the same household workers who so request. 5-Constitutes a serious infraction the breach of the provisions of paragraph 1.

194 article 232 Cumulation of daily rest and weekly rest period 1 – must be enjoyed in continuity the compulsory weekly rest period and a period of 11 hours corresponding to the daily rest provided for in article 213. 2-11-hour period referred to in the preceding paragraph shall be deemed to be fulfilled, in whole or in part, by supplementary weekly rest period enjoyed in continuity to the compulsory weekly rest period. 3-the provisions of paragraph 1 shall not apply: a) the worker to take administrative or management position or with autonomous decision-taking powers that be exempt from working hours; (b)) When the normal working period is split throughout the day on the basis of features of activity, namely cleaning services; c) in situations referred to in subparagraph (d)), and), h) or i) of paragraph 2 of article 206, with the exception, as regards the second, point viii); d) in predictable increase of tourism activity. 4 – Constitutes a serious infraction the breach of the provisions of paragraph 1. SUBSECTION IX Holidays Article 233 1-mandatory Holidays Are compulsory holidays days 1 January, good Friday, Easter Sunday, 25 April, 1 may, of God's body, June 10, 15 August, 5 October, 1 November, 1, 8 and 25 December.

195 2-the holiday of good Friday can be observed in the other day with local significance in the Easter period. 3-By specific legislation, certain mandatory holidays may be observed on the Monday of the following week. Article 234 optional Holidays 1-in addition to the compulsory holidays may be observed as a holiday by collective labour regulation instrument or contract of employment, the Tuesday of Carnival and the municipal holiday. 2-to replace any holiday referred to in the preceding paragraph, it may be observed the other day they wake up employer and worker. Article 235 of the Regime 1 – holidays In holiday, suspended the activities of the undertaking or of part of the undertaking whose operation does not take place on Sunday. 2-the collective labour regulation instrument or contract of employment cannot establish holidays other than those indicated in the preceding articles. SUBSECTION X Holiday Article 236 1 holiday entitlement-a worker is entitled, in each calendar year, a compensated holiday period, which expires January 1.

196 2-the holiday entitlement, as a rule, refers to the work done in the previous calendar year, but is not conditioned on attendance or service effectiveness. 3-the holiday entitlement is inalienable and your enjoyment cannot be replaced, even with the consent of the employee, for any economic or other compensation, without prejudice to the provisions of paragraph 5 of the next article. 4-the holiday entitlement must be exercised so as to provide the worker physical and mental recovery, personal availability conditions, integration into family life and social and cultural participation. Article 237 holiday period 1-the annual holiday period lasts at least 22 working days. 2-for the purposes of holidays, are useful the days of the week from Monday to Friday, except holidays. 3-the duration of the holiday period is increased if the employee does not have missed or have only justified absences in the year to which they relate, holidays in the following terms: the) three days of vacation, to a miss or two half-days; (b)) Two-day vacation until two fouls or four half-days; c) one day of vacation, to three absences or six half-days. 4-for the purposes of the preceding paragraph, are considered fouls the days of suspension of the employment contract by the employee and that is considered as effective working time parental leave. 5-the worker may renounce the enjoyment of holidays exceeding 20 working days or the corresponding proportion in the case of holidays in the year of admission, without reduction of the consideration and the allowance for the holiday period, which cumulam with the consideration of the work done in those days. 197 6-serious infraction Constitutes infringement of the provisions of paragraphs 1, 3 or 5. Article 238 special cases of 1 holiday period-in the year of admission, the employee is entitled to two working days of leave per month of duration of the contract, up to 20 days, whose enjoyment may take place after six full months of performance of the contract. 2-in the case of the calendar year end before expiry of the period referred to in the preceding paragraph, the holidays are taken until 30 June of the subsequent year. 3-the application of the preceding paragraphs may not result the enjoyment, in the same calendar year, of more than 30 working days of vacation, without prejudice to the provisions on collective labour regulation instrument. 4-If the duration of the employment contract is less than six months, the employee is entitled to two working days ' leave per complete month of duration of the contract, counting for this purpose every day in a row or interpolated to provide work. 5-the holidays referred to in the preceding paragraph are taken immediately prior to the termination of the contract, unless otherwise agreed by the parties. 6-in the year of cessation of prolonged impediment started in previous year, the employee is entitled to vacation in accordance with paragraphs 1 and 2. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 4, 5 or 6. Article 239.º year of enjoyment of the holidays holidays are Cumming 1 in the calendar year in which they fall due, without prejudice to the provisions laid down in the following paragraphs.

198 2-the holidays can be taken until April 30 of the following calendar year, in overlapping or not with holiday due at the beginning of this, by agreement between employer and employee or whenever this plan to enjoy with family living abroad. 3-Can still be cumulated the enjoyment of half the holiday period expired the previous year with the loser in the year concerned, by agreement between employer and employee. 4-Constitutes a serious infraction violation of provisions of this article. Article 240 Marking the holiday period 1-the holiday period is marked by agreement between employer and employee. 2-in the absence of agreement, the employer brand the vacation, which cannot begin in weekly day of rest the employee, listening to the workers Committee or, failing that, the Inter-Parliamentary Commission or the Commission representative trade union of the worker concerned. 3-small, medium or large enterprise, the employer can only mark the holiday period between 1 May and 31 October, unless the instrument of collective labour regulation or the opinion of representatives of workers admit different time 4-in the absence of agreement, the employer who performs activity linked to tourism is bound to score 25% of vacation to which workers are entitled between 1 May and 31 October , which are taken consecutively. 5-In case of termination of the contract of employment subject to notice, the employer may determine that the enjoyment of the holidays take place immediately prior to the termination. 6-On vacation, marking the most desired periods must be prorated whenever possible, benefiting alternately the workers according to the periods enjoyed the previous two years.


199 7-spouses, as well as the people who live in de facto union or common economy under specific legislation, working in the same company or establishment, are entitled to enjoy holidays in identical period, unless there is serious injury to the company. 8-the enjoyment of the holiday period can be interpolated, by agreement between employer and employee, provided they are enjoyed at least 10 consecutive working days. 9-the employer shall draw up a map of vacation, indicating the beginning and the end of the holiday seasons of each worker, until 15 April of each year and keep it posted in the workplace between that date and October 31. 10-Constitutes a serious infraction the breach of the provisions of paragraphs 2, 3 or 4 and is mild infraction violation of provisions in any of the other numbers in this article. Article 241 1 holiday Closure – where it is compatible with the nature of the activity, the employer may terminate the undertaking or the establishment, in whole or in part, to the workers ' holiday. 2-the application of the preceding paragraph does not relieve the provisions concerning marking the holiday period, without prejudice to the next paragraph. 3-the employer may terminate the settlement for five consecutive working days, the holiday season of Christmas. Amendment 242 article the holiday period for reasons concerning the company 1-the employer may change the period of holidays already marked or interrupting the already initiated by overriding requirements of the functioning of the company, having a worker entitled to compensation for damage suffered by leave to enjoy the holidays in the period marked.

200 2-interruption of holidays should allow the enjoyment followed by half of the period to which the employee is entitled. 3-In case of termination of the contract of employment subject to notice, the employer may change the markup of the holidays, by applying the provisions of paragraph 4 of article 240. 4-light infraction Is violation of the provisions of paragraphs 1 or 2. Amendment 243 article the holiday period for reasons related to the worker 1-the enjoyment of the holidays does not start or is suspended when the worker is temporarily prevented by illness or another fact that is not attributable to it, as long as there is communication of same to the employer. 2-in the case referred to in the preceding paragraph, the enjoyment of the holiday takes place after the end of the obstacle as far as the remainder of the period marked, and the corresponding period to days enjoyed not being marked by agreement or, failing that, by the employer, without placing them under the provisions of paragraph 3 of article 240. 3-In case of total or partial impossibility of enjoyment of holidays, by reason of the worker, this impediment is entitled to compensation corresponding to the period of leave not enjoyed or the enjoyment of the right to 30 April of the following year and, in any case, the respective allowance. 4-the illness of the worker in the holiday period shall apply the provisions of paragraphs 2 and 3 of article 253.º. 5-the provisions of paragraph 1 shall not apply if the worker opposes verification of the disease situation in accordance with article 253.º. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 3.

Article 244 201 effects of termination of the employment contract in the holiday entitlement 1-Ceasing the contract of employment, the employee is entitled to receive the compensation and vacation allowance: a) corresponding to overdue vacation and not taken; b) proportionate to the time of service in the year of termination. 2-in the case referred to in point (a)) of the preceding paragraph, the holiday period is considered for the purposes of seniority. 3-In case of termination of contract during the calendar year subsequent to the admission or whose duration does not exceed 12 months, the total of the holiday or the corresponding compensation to which the employee is entitled shall not exceed the proportional to the annual holiday period taking into account the duration of the contract. 4-Ceasing the contract after prolonged impediment, this worker is entitled to compensation and vacation allowance corresponding to the time of service in the start year of the suspension. 5-Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 245 violating the holiday entitlement 1-If the employer stymie guiltily to the enjoyment of the holidays under the conditions laid down in the previous articles, the worker is entitled to compensation in the amount of triple the compensation corresponding to the period missing, that must be taken until April 30 of the following calendar year. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph.

Article 202 246.º Exercise of other activity while on vacation 1-the worker cannot exercise during the holidays any other paid activity, except when already exercise cumulatively or the employer permits. 2-In case of violation of the provisions of the preceding paragraph, without prejudice to disciplinary responsibility of the employee, the employer is entitled to recover the compensation corresponding to the holiday and its subsidy, half of which goes to the service responsible for the financial management of the Social security budget. 3-for the purposes set out in the preceding paragraph, the employer may make discounts on return, up to a limit of one sixth for each of the subsequent maturity periods. SUBSECTION XI Fouls Article 247.º notion of lack 1-considered lack of worker's absence from the place where you should play the activity during normal working day. 2-In case of absence of the worker for periods less than the normal daily work period, their days are added to determine the fault. 3-If the length of the normal working day is not uniform, it is considered the average length for the purposes of the preceding paragraph.

203 article 248 missing types 1-lack may be justified or unjustified. 2-are considered justified absences: a) The given, during 15 days, at the time of the marriage; b) motivated by death of spouse, relative or similar, in accordance with article 250; c) motivated by providing proof to the educational establishment, in accordance with article 91; d) motivated by inability to provide work due to not attributable to the employee, including illness, accident or comply with a legal obligation; and) motivated by the urgent and indispensable assistance the child, grandchild or the Member of the household of workers, in accordance with articles 49 or 50, 251, respectively; f) motivated by shifting the educational establishment of responsible for education of less because of the educational situation of this, for the time strictly necessary, up to 4 hours per quarter, for each child; g) elected worker for collective representation of workers structure, in accordance with article 407; h) of candidate for public office, in accordance with the corresponding electoral law; I) authorized or approved by the employer; j) which by law is considered as such. 3-is considered unjustified any absence not provided for in the preceding paragraph.

204 article 249 Inalterability of the fouls the provisions relating to supporting reasons of faults and their duration cannot be removed by instrument of collective labour regulation, except in relation to the situation referred to in paragraph g) of paragraph 2 of the preceding article and since more favourable to the employee, or by the employment contract. Article 250 Fouls by reason of death of spouse, relative or into 1-a worker can rightly: a) up to five consecutive days for death of spouse not separate terms or relative or into the first degree in a straight line; b) Until two consecutive days for the death of other relative or in a straight line or on the second degree of the collateral line. 2-the provisions of paragraph 1 (a)) of the previous paragraph in the event of the death of a person who lives in domestic partnership or common economy with the employee, in accordance with specific legislation. 3 – Constitutes a serious infraction violation of provisions of this article. Article 251 Lack for assistance to household member 1-the employee is entitled to miss work until 15 days a year to provide urgent and indispensable assistance in case of illness or accident, the spouse or person living in consensual union or common economy with the employee, relative or entry on a straight line upward or on the second degree of the collateral line.


205 2-in the case of assistance to a relative or in a straight line up, is not required to belong to the same household. 3-lack justification, the employer may require the employee: the urgent nature and proof) imperative of assistance; b) Declaration that the other members of the household, if engaged in professional activity, there were for the same reason or are unable to provide assistance; c) in the case of the preceding paragraph, a declaration that other relatives, if engaged in professional activity, there were for the same reason or are unable to provide assistance. Article 252-of-Communication 1-the absence, while predictable, is communicated to the employer, together with the indication of the justification, at least five days. 2 – If the advance provided for in paragraph 1 cannot be respected, particularly by the absence be unpredictable with the advance of five days, the communication to the employer is made as soon as possible. 3-the lack of a candidate for public office during the legal period of the electoral campaign is communicated to the employer at least 48 hours. 4-communication is reiterated in case of absence immediately following the communication referred to in one of the previous numbers, even when the absence to determine the suspension of the employment contract by prolonged impediment. 5 – failure to comply with the provisions of this article determines that the absence is unjustified.

Article 206 253.º proof of justification of lack 1-the employer may, within 15 days following the absence, require the worker proves in fact relied for justification, to be provided in reasonable time. 2-the proof of the worker's disease is made by declaration of hospital, or health center or doctor. 3-the disease situation referred to in the previous paragraph can be checked by a doctor, in accordance with specific legislation. 4-the presentation to the employer medical declaration with intention is fraudulent false statement for the purpose of just cause for dismissal. 5-the breach of obligation under paragraphs 1 or 2, or the opposition, no reason of consideration, to verification of the disease referred to in paragraph 3 determines that the absence is unjustified. Article 254 missing effects justified 1-lack justification does not affect any right of the employee, except as provided in the following paragraph. 2-without prejudice to other legal provisions, determine the loss of retribution the following justified: the fouls) due to illness, provided that the worker is entitled to a social security scheme sickness protection; (b)) By reason of an accident at work, since the employee entitled to any subsidy or secure; c) referred to in Article 251; d) As provided for in paragraph j) of paragraph 2 of article 248 when exceeding 30 days a year; 207 e) authorized or approved by the employer. 3-the lack under Article 251 is considered as effective working performance. Article 255 effects of unjustified lack 1-lack is unjustified breach of the duty of attendance and determines the loss compensation corresponding to the period of absence, which is not counted in antiquity. 2-the unjustified lack one or half-normal working day immediately before or after the day or half day of rest or holiday, constitutes a serious offence. 3-in the case of a worker with undue delay: more than 60 minutes) and to the beginning of daily work, the employer may not accept the provision of work throughout the normal working period. b) Being greater than 30 minutes, the employer may not accept the provision during this part of the normal work period. Article 256 replacing the loss of retribution by reason of lack 1-loss of compensation by reason of faults can be replaced: a) forgoing vacation days in equal numbers, even when allowed by paragraph 5 of article 237, by express declaration of the worker; b) For provision of work in addition to the normal period within the limits provided for in article 203, paragraph when the instrument of collective regulation of work permits. 2-the provisions of the preceding paragraph does not imply reduction of vacation allowance corresponding to the holiday period expired.

208 CHAPTER III Compensation and other benefits sheet section I General provisions about remuneration Article 257 general principles about the retribution 1-consideration to providing that, under the terms of the contract, the rules that govern or uses, the employee is entitled in counterpart of his work. 2-the consideration comprises the base consideration and other regular and periodic payments made, directly or indirectly, in cash or in kind. 3-it is assumed be retribution any benefit from the employer to the employee. 4-providing qualified as retribution applies the corresponding guarantee scheme provided for in this code. Article 258.º Retribution in kind 1-the provision not pecuniary remuneration must be for the satisfaction of personal needs of the worker or his family and can't be assigned higher value to date in the region. 2-the value of benefits not pecuniary compensation cannot exceed the cash part, except as provided in collective labour regulation instrument. Article 259.º Benefits included or excluded from consideration 1 – the following are considered retribution:


209 a) important matches, including the allowance, spending on transport or accommodation, allowance for faults or meal allowance, in so far as it exceeds the normal amount of expenditure often is made in the service of the employer and is deemed by the contract or by usage in return; b) the bonus due by virtue of the contract or the rules governing it, albeit conditioned by good service, or which, because of its importance and regular and permanent nature, be considered by an integral element uses retribution; (c)) the provision related to the result obtained by the company which, by its title or by uses, has regular and permanent assignment, regardless of the amount of variability; d) the profit of the company when the worker is not ensured by contract a proper consideration to his work. 2-do not consider themselves retribution: a) the significance referred to in point (a)) of the preceding paragraph, in so far as is not covered by the provisions of its final part; b) extraordinary gratification granted by the employer as a prize for the good result of the enterprise; (c)) the provision relating to the performance or merit professional or even with the attendance of the worker, whose payment is not guaranteed in advance; d) the profit of the company when you don't check the provisions of subparagraph (d)) of the preceding paragraph. Article 1 remuneration modes 260.º-retribution can be certain, variable or mixed, consisting of a part and another variable. 210 2-is certain retribution calculated on the basis of working time. 3-to determine the value of the variable remuneration, when does not apply its criteria, it is assessed if the average of the amounts of benefits corresponding to the last 12 months, or the time of execution of contract that lasted less time. 4 – If the procedure laid down in paragraph 1 is not practicable, the calculation of the variable remuneration is made in accordance with the provisions of collective labour regulation instrument or, failing that, according to the wise will of the judge. 5-the employer must find, in particular through joint consideration systems, which the workers ' compensation encourage productivity growth and the appreciation of this taking into account in particular the personal qualities that benefit the provision of work. Article 261.º calculation of supplementary or ancillary provision 1-When legal provision, conventional or otherwise does not have contractual, the basis of calculation of supplementary or ancillary provision is constituted by the base retribution and diuturnidades. 2-for the purposes of paragraph 1: (a)), base Compensation corresponding to the activity of the worker within the normal period of work; b) Diuturnidade, retributive nature to which the employee is entitled on the basis of seniority. Article 262.º Christmas bonus 1-the worker is entitled to a Christmas bonus equal to one month's remuneration to be paid until December 15 of each year. 211 2-the value of the Christmas bonus is proportional to the time of service in the calendar year, in the following situations: a) in the year of admission of the worker; (b)) in the year of termination of the employment contract; c) in the event of suspension of an employment contract for fact on the worker. 3 – Is very serious infraction violation of provisions of this article. Article 263 Retribution of vacation and 1 grant-the retribution of the holiday period corresponds to which the employee would receive if in actual service. 2-in addition to the remuneration mentioned in the preceding paragraph, the employee is entitled to holiday allowance, comprising the base consideration and other compensation benefits which are the specific mode of execution of work, corresponding to the minimum duration of the holiday, not counting for this purpose the provisions of paragraph 3 of article 237. 3-Save written agreement to the contrary, the vacation allowance should be paid before the beginning of the holiday period and proportionally in affair of gozo holiday interpolated. 4-Is very serious infraction violation of provisions of this article. Article 264 Remuneration for exemption from working hours 1-the employee exempt from working hours are entitled to special remuneration established by instrument of collective labour regulation or, failing that, of not less than: 1 additional working time) per day; 212 b) 2 additional working hours per week in the case of time exemption with observance of the normal work period. 2-a worker who performs administrative or management position can forgo the compensation referred to in the preceding paragraph. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 265 payment of 1-night work night work is paid with an increase of 25% relating to the payment of equivalent work provided during the day. 2-the increase provided for in the preceding paragraph may be replaced by collective labour regulation instrument, by: the equivalent Reduction of normal period); b) fixed base remuneration Increase, provided you don't mind less favourable to the employee. 3-the provisions of paragraph 1 shall not apply, unless provided for in collective labour regulation instrument: a) In activity exclusively or predominantly during the night time, in particular show or entertainment; b) In activity which, by its nature or by virtue of the law, should work available to the public during the night time, including tourist resort, catering establishment or drinks, or pharmacy, in opening period; c) When the compensation is established taking into account the fact that the work should be provided at night time. 4-Is very serious infraction the breach of the provisions of paragraph 1.


213 Article 226 Retribution by exercise of related functions or functionally linked 1-the employee who performs the functions referred to in paragraph 2 of article 118, though, is entitled to compensation higher than their matches, while such an exercise remains. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 267 payment of supplementary work 1 – Supplemental work is paid for the value of the consideration time with the following additions: the 50% for the first time) or fraction of this and 75% by time or subsequent fraction in working day; (b)) 100% for each hour or fraction, in weekly rest day, mandatory or complementary, or on holiday. 2-is required the payment of additional work which has been previously and expressly determined, or held so as not to be predictable opposition from the employer. 3-the preceding paragraphs can be removed by instrument of collective labour regulation in accordance with paragraph 6 of article 228. 4 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 268 1 holiday-related Benefits-the employee is entitled to compensation corresponding to holiday, without which the employer can compensate with extra work. 214 2-the employee that provides normal working days holiday in company forced to suspend the operation on that day are entitled to compensatory rest of equal duration or the addition of 100% of the corresponding remuneration and the employer's choice. SECTION II determination of the value of the consideration article 269 criteria for determining compensation in determining the value of the consideration should take account of the quantity, nature and quality of the work, observing the principle that equal work or of equal pay for equal value. Article 270.º calculating the value of the consideration time 1-the value of the consideration time is calculated according to the following formula: (ROM x 12): (52 x n) 2-for the purposes of the preceding paragraph, Rm is the value of the monthly remuneration and normal weekly working period, defined in average terms in case of adaptability. Article 271.º judicial Determination of the value of the consideration 1-it is for the Court, taking into account the practice of the company and the sector uses or locations, determine the value of the consideration when the parties have not done and she does not result of collective labour regulation instrument applicable. 2-it is still the Court resolve doubts raised about the qualification in return for providing paid by employer. 215 SECTION III article 272 minimum monthly wage determination of the minimum monthly wage 1-is guaranteed workers a minimum monthly wage, irrespective of the modality practiced, whose value is determined annually by specific legislation, heard the Standing Committee of Social dialogue. 2-the determination of the minimum monthly wage are considered, among other factors, the needs of workers, the increase in cost of living and productivity developments in order to fit in with the criteria of income policy and rates. 3 – Is very serious infraction the breach of the provisions of paragraph 1. 4 – the decision to apply the fine must contain the order of payment of the amount of compensation owed to the worker, to be carried out within the prescribed time limit for payment of the fine. Article 273 Benefits included in the minimum monthly wage 1-the amount of the minimum monthly wage includes: a) the value of the benefit in kind, including food or accommodation, due to the worker instead of your normal work; b) Commission on sales or production premium; c) Gratuity which constitutes consideration, in accordance with point (b)) of paragraph 1 of article 259.º.

216 2-the value of the benefit in kind is calculated according to the prices in the region and may not exceed the following amounts or percentages of the value of the minimum monthly wage, or total determined by applying the percentage of reduction referred to in the following article: the 35% food) complete; b) 15% for food consisting of a main meal; c) 12% to the worker; d) 27.36 € per room for the Housing Division of the worker and his/her family members; and 50% to the total) of benefits in kind. 3-the value mentioned in subparagraph (d)) of the preceding paragraph is updated by applying the coefficient of updating of housing rents, where increased the value of the minimum monthly wage. 4-the amount of the minimum monthly wage does not include subsidy, premium, gratuity or other accidental assignment or delivery for more than a month. Article 274 reduction of minimum monthly wage worker related 1-minimum monthly wage reduction in respect of the following: a) practitioner, apprentice, trainee or forming in certified training situation, 20%; b) Employee with reduced working capacity, the reduction of the discrepancy between the full capacity for work and the coefficient of effective capacity for the contracted activity, if the difference is more than 10%, with the 50% limit. 2-the reduction provided for in paragraph 1 (a)) of the preceding paragraph shall not apply for more than one year, including training in the service of another employer, since in order to the same qualification.

217 3-the period established in the preceding paragraph is reduced to six months in the case of worker enabled with technical-professional course or course from qualifying vocational training system for their profession. 4-the effective capacity coefficient certification is made, at the request of the employee, the job seeker or employer, public service, employment or health services. SECTION IV enforcement of obligation of compensation Article 275.º compliance Form 1-consideration is satisfied in cash, as well as in non-pecuniary benefits, in accordance with article 258.º. 2-the financial part of the consideration may be paid via cheque, postal order or deposit to the employee and must be supported by employer expense is made with the conversion of cash credit or lifting, for once, of retribution. 3 – Until the payment of the consideration, the employer must give the employee the document containing the ID of that, the full name, the registration number in the social security institution and professional worker category, the base consideration and other benefits, as well as the period to which they relate, discounts or deductions and net amount receivable. 4-Is very serious infraction the breach of the provisions of paragraph 1 and constitutes a serious infraction the breach of the provisions of paragraph 2.


218 276.º Place of compliance with Article 1-the compensation must be paid at the place of work or elsewhere that agreed, without prejudice to the provisions of paragraph 2 of the preceding article. 2 – If the consideration to be paid in place other than workplace, as long as the worker spend to receive the retribution is considered working time. Article 277.º compliance Time 1-the credence retributive WINS for certain periods and equal, that, unless otherwise agreed or use diverse, are the week, fortnight and the calendar month. 2-the consideration to be paid in business day, during the working period or immediately after this. 3-In case of variable remuneration with calculation period exceeding 15 days, the worker may demand payment in instalments quarterlies. 4-the amount of the compensation must be available to the employee on the due date or in previous working day. 5-the employer is established in lives if the worker, for which her part, cannot afford the amount of retribution on the expiration date. 6 – Constitutes a serious infraction the breach of the provisions of paragraph 4. 278.º Compensation and deductions article 1-pending an employment contract, the employer cannot compensate for retribution in debt with credit you have on the worker, nor do discount or deduction in the amount of that. 219 2-the provisions of the preceding paragraph shall not apply to: a) the discount to the State, social security or other entity, ordained by law, judicial decision which has become final or conciliation auto when the employer has been notified of the decision or of the self; (b)) the compensation due by the employee to the employer, settled by judicial decision which has become final or auto of conciliation; c) the penalty referred to in point (c)) of paragraph 1 of Article 327; d) depreciation of capital or interest payment of loan granted by the employer to the employee; and the price of the meals) workplace, telephone use, supply of food, fuel or materials, when requested by the employee, or other expenditure by the employer on behalf of the worker with the agreement; f) the allowance or advance on the retribution. 3 – discounts referred to in the preceding paragraph, other than that referred to in point (a)), may not exceed, as a whole, a sixth of the consideration. 4-the prices of meals or other goods provided to the worker for consumer cooperative, by agreement with the employee, are not subject to the limit specified in the preceding paragraph. 5-very serious infraction Constitutes the violation of the provisions of paragraph 1. Article 279 of remuneration the worker credit assignment can only assign credit to return, free of charge or against payment, to the extent that it be seized.

220 CHAPTER IV prevention and repair of accidents at work and occupational diseases article 280 general principles on safety and health at work 1-the employee is entitled to provide work in conditions of safety and health. 2-the employer must assure the safety and health conditions of workers in every aspect related to the work, applying necessary measures taking into account essential principles of prevention. 3-in the implementation of preventive measures, the employer must mobilize the necessary resources, in particular in the areas of technical prevention, training, information and consultation of workers and of adequate services, internal or external to the company. 4-employers who develop simultaneously in the same workplace activities shall cooperate in the protection of the safety and health of employees, taking into account the nature of the activities of each. 5-the law regulates the organisation and functioning of security services and health at work, the employer must ensure. 6-are forbidden or conditioned jobs that are considered, by regulations in special legislation, which may involve risks to the genetic heritage of the worker or their descendants. 7-workers must comply with the requirements of safety and health at work laid down in law or in collective labour regulation instruments, or determined by the employer.

221 Article 281 information, consultation and training of workers 1-the employer shall inform the workers about aspects relevant to the protection of their safety and health and of third parties. 2-the employer must consult in good time the representatives of the employees, or the workers themselves, on the preparation and application of preventive measures. 3-the employer must ensure adequate training, which enable workers to prevent the risks associated with their activities and workers ' representatives to exercise competent the functions mode. 4-on each company, workers are represented in promoting safety and health at work by elected representatives for this purpose or, in the absence thereof, by the Commission. Article sporting accidents at work and occupational diseases 1-workers and their relatives are entitled to compensation for damage arising from an accident at work or occupational disease. 2-occupational diseases on the list organized and published in the Diário da República. 3-the law establishes the situations that exclude the duty to indemnify or aggravate the responsibility. 4-the employer is obliged to transfer responsibility for the compensation provided for in this chapter for entities legally authorized to perform this insurance. 5-compensation for accident at work which cannot be paid by the entity responsible, in particular for reasons of economic failure is assumed by public fund social security in accordance with the law.

222 6-responsibility for repairing the damage arising from occupational diseases is assumed by the social security, in accordance with the law. 7-the employer must ensure that the affected worker from injury caused by an accident at work or an occupational disease which reduces your ability to work or earn the occupation in compatible functions. Article 283.º Regulation to prevent and repair the provisions of this Chapter is regulated in specific legislation. Chapter V Vicissitudes section I transmission contractual undertaking or establishment Article 284.º purposes of transfer of undertaking or establishment 1-In case of transmission, by any title, of the ownership of the company or establishment or part of the undertaking or establishment that constitutes an economic unit, convey to you the position of the employer in the employment contracts of the employees as well as the responsibility for the payment of a fine imposed for a misdemeanour. 2-the notifier answer jointly and severally for the obligations due by the date of broadcast, during the subsequent year.


223 3-the preceding paragraphs shall also apply to the transmission, transfer or reversal of the holding company, establishment or economic unit, being jointly and severally liable in the event of transfer or reversal, who immediately before have exercised the exploitation. 4-the preceding paragraphs shall not apply in the case of a worker who the notifier, prior to transmission, transfer to another establishment or economic unit, in accordance with article 194, keeping it at your service, except as regards the liability of the buyer for payment of the fine imposed for a misdemeanour. 6-economic unit is considered the set of media organized with the aim of exercising an economic activity, principal or ancillary. 7 – Is very serious infraction the breach of the provisions of paragraph 1 and in the first part of paragraph 3. Article 285 information and consultation of workers ' representatives 1-the notifier and the purchaser shall inform the representatives of their respective employees or, if none, the workers themselves, on the date and reasons for the transmission, its legal, economic and social consequences for workers and measures envisaged in relation to these. 2-the information referred to in the preceding paragraph must be made in writing, prior to transmission, in good time, at least 10 days before the consultation referred to in the following paragraph. 3-the transferor and acquirer shall consult the representatives of the employees, before transmission, with a view to reaching an agreement on the measures that they wish to apply to workers as a result of the transmission, without prejudice to the legal provisions applicable to such measures and conventional. 224 4-for the purposes of the preceding paragraphs, the following shall be considered as representatives of the workers commissions, as well as the intersindicais committees, commissions or Trade Union trade union delegates of respective companies. 5-light infraction Constitutes the violation of the provisions of paragraphs 1, 2 or 3. Article 286.º Representation of workers after the broadcast 1-if the company or establishment keep autonomy after the transfer, the status and function of the representatives of the employees affected by this not change, since they remain the requirements for imposition of collective representation structure concerned. 2-If the undertaking, business or economic unit transmitted to be embedded in the company of the purchaser and on this there is the corresponding structure of collective representation of workers provided for in law, the existing in the entity incorporated continues in Office for a period of two months from the date of transmission or until new structure however elected to start their functions or , for another two months, if the election is aborted. 3-in the case of incorporation of establishment or part of the undertaking or establishment as provided for in the preceding paragraph: a) the Sub-Committee shall exercise the Commission's own rights of workers during the period in which continue in Office, on behalf of the workers of the establishment passed; b) workers ' representatives for safety and health at work assigned to the entity incorporated exercise the rights own of this structure, in accordance with the preceding paragraph.

225 4-members of the collective representation of workers whose mandate ceases, in accordance with paragraph 2, continue to benefit from the protection laid down in paragraphs 2 to 4 of article 408.º or in collective labour regulation instrument, until the date on which the mandate would end. SECTION II occasional worker 287.º Article Providing Track occasional worker providing the occasional temporary worker provision involves, by the employer, to provide work to another entity, whose power steering that is subject, keeping the contractual link. Article 288 Admissibility occasional 1-providing the occasional worker is legal when you check the following conditions: a) the employee is bound to the transferor employer by an employment contract without term; b) the disposal occurs between related companies, in respect of reciprocal holdings corporate, group or domain, or between employers that have common organizational structures; (c)) the worker agrees to the assignment; d) the duration of the transfer does not exceed one year, renewable for periods up to a maximum of five years.

226 2-conditions of the casual worker providing can be regulated by collective labour regulation instrument other than referred to in point (c)) of the preceding paragraph. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 289 occasional worker providing Agreement 1-the occasional worker depends on agreement between transferor and transferee, subject to written form, which should contain: a) Identification, signatures and domicile or seat of the parties; b) identification of the worker assigned; c) Indication of the activity to be provided by the worker; d) indicating the start date and the duration of the assignment; and Declaration of agreement of the worker). 2-In case of termination of the concession agreement, termination of the occasional entity assignee or cessation of the activity for which it was given, the worker returns to the transferor's service, while maintaining the rights he had before the transfer, the duration of which count for seniority purposes. 3 – Constitutes a serious infraction the breach of paragraph e) of paragraph 1 or in paragraph 2 and shall constitute an administrative offence take any violation of the provisions of paragraph 1. Article 290 provision Regime of work of worker assigned 1-During the casual, the worker is subject to the regime applicable to the transferee work in respect to the mode, work duration, place, suspension of the contract of work, safety and health at work and access to social facilities. 227 2-the transferee must inform the transferor and the employee given the risks to the health and safety of the workplace that it is affection. 3-it is not allowed the allocation of employee assigned to workplace particularly dangerous to their safety or health, unless your specific vocational qualification corresponds to. 4-the transferee must draw up the work schedule of worker ceded and check the vacation period which are taken at your service. 5-the transferred worker is entitled: a) the minimum wage that, in collective labour regulation instrument applicable to the transferor or the transferee, corresponding to their duties or practised by this for the same functions, or retribution earned at the time of the assignment, whichever is higher; (b)) vacation, holiday and Christmas allowances and other regular and periodic benefits to which workers are entitled by the transferee identical provision in proportion to the duration of the assignment. 6-the employee to one or more entities must comply with the conditions laid down in the employment contract. 7-Constitutes a serious infraction the breach of the provisions of paragraphs 2, 3, 4 or 5. Article 291.º a result of the illicit feature or irregularity of the agreement 1-the occasional worker outside the conditions under which it is permissible, or the lack of an agreement under paragraph 1 of article 289 gives the worker ceded the right to choose to remain in the service of the transferee under contract without term.


228 2-the right referred to in the preceding paragraph may be exercised until the end of the assignment, subject to communication to the transferor and the transferee by registered letter with acknowledgement of receipt. Article 292.º framing of worker assigned the laborer-1 ceded is not considered for the purpose of determining the obligations of the transferee to take into account the number of workers employed, except as regards the organisation of services of safety and health at work. 2-the transferee must notify the Commission of the early workers using employee in casual-providing, within five working days. 3-light infraction Is violation of the preceding paragraph. SECTION III activity Reduction and suspension of employment contract SUBSECTION I General provisions on reduction and suspension Article 293 Facts determinants of reduction or suspension 1-temporary reduction of normal working period or suspension of an employment contract may be based on temporary impossibility, respectively partially or totally, for the provision of work for that relative to the worker or the employer. 2-also allow a reduction in the normal working period or suspension of the contract of employment, in particular: a) the need to ensure the company's viability and maintenance of jobs in corporate crisis situation; 229 b) the agreement between employee and employer, including early retirement agreement. 3-Can still occur the suspension of an employment contract on the initiative of worker, founded on lack of prompt payment of the consideration. Article 294 of the reduction or suspension Effects 1-During the reduction or suspension, the rights, duties and guarantees of the parties that don't require the effective provision of work. 2-the reduction or suspension time is counted for the purposes of seniority. 3-the reduction or suspension has no effect on the course of limitation period, nor shall prevent either party will bring an end to the contract in general terms. 4-at the end of the period of reduction or suspension, are restored the rights, duties and guarantees of the parties under the actual provision of work. 5-Constitutes a serious infraction the offside by the employer to the worker to resume normal activity after the expiry of the period of reduction or suspension. SUBSECTION II Suspension of employment contract for that concerning worker Article 295.º Fact determinant for suspension 1-worker Determines the suspension of the employment contract by temporary impediment that the worker is not attributable and continues for more than a month, including illness, accident or that resulting from the application of the law of military service. 2-the employment contract is suspended before the deadline referred to in the preceding paragraph, the moment is predictable that the impediment will be aged higher than that period.

230 3-the employment contract suspended expires at the time be sure that the impediment becomes final. 4-temporary impediment due to the fault of the worker determines the suspension of an employment contract in the cases specified in the law. Article 296 of the worker in the day Return to the cessation of the hindrance, the worker shall submit to the employer to resume activity. SUBSECTION III temporary Reduction of normal working period or suspension of the employment contract by the employer actually Division I corporate crisis Article 297 Reduction or suspension in corporate crisis 1-the employer may temporarily reduce the normal working periods or suspend work contracts, for reasons of market, technological, structural or catastrophes or other occurrences which have seriously affected the normal activity of the company provided that this measure is necessary to ensure the company's viability and maintenance of jobs. 2-the reduction referred to in the preceding paragraph may include: a) one or more normal periods of work, daily or weekly, and may relate to different groups of workers, on a rotating basis;

231 b) decreased number of hours corresponding to the normal working period, daily or weekly. 3-the reduction or suspension arrangements shall apply to the cases where such a measure is determined in the context of Declaration of company in difficult economic situation or, mutatis mutandis, in the recovery process. Article 298 communications in case of reduction or suspension 1-the employer shall notify, in writing, to the workers or, in the absence thereof, to the Commission or the company's Trade Union commissions inter-union representative of workers to be covered, the intention to reduce or suspend the provision of work, informing them simultaneously about: the economic fundamentals, financial) or as technicians; b) staff, broken down by sections; c) criteria for selection of workers to be covered; d) Number and categories of workers to be covered; and enforcement); f) Training Areas to attend by workers during the period of reduction or suspension, as the case may be. 2-in the absence of the entities referred to in paragraph 1, the employer shall notify, in writing, to each worker to cover, intended to reduce or suspend the provision of work, and, within five days after receipt of notification, appoint from among them a representative Commission with three or five elements, depending on the measure covers up to 20 or more workers. 3-in the case referred to in the preceding paragraph, the employer submits to the Commission the information referred to in paragraph 1. 232 4-serious infraction Constitutes the violation of the provisions of this article. Article 299 Information and negotiation in case of reduction or suspension 1-within five days after the fact that laid down in paragraph 1 or 3 of the previous article, the employer promotes a phase of information and negotiation with the representative structure of workers, with a view to an agreement on the modality, scope and duration of the measures to be taken. 2-the acta negotiation meetings should contain the matter up, as well as the divergent positions of the parties, with the views, suggestions and proposals. 3-Concluded the agreement or, failing that, after 10 days have elapsed on the sending of the information laid down in paragraph 1 or 3 of the preceding article or, failing this, of the notification referred to in paragraph 2 of the same article, the employer shall notify each employee in writing as decided to apply, with express mention of bedding and the dates of commencement and termination of the application. 4-on the date of the communications referred to in the preceding paragraph, the employer refers to the representative structure of workers and to the competent service of the Ministry responsible for social welfare the Act referred to in paragraph 2, as well as against stating the names of the workers, address, dates of birth and admission in the company, before the social security , profession, category and retribution and, yet, the measure adopted, with an indication of the individual dates of beginning and termination of the application. 5-in the absence of acta negotiations, the employer sends to the entities referred to in the preceding paragraph shall be a document in the appropriate description of the agreement, or the reasons that hindered and final positions of the parties. 6-light infraction Is violation of provisions of this article.

233 article 300 Duration of measurement of reduction or suspension 1-the reduction or suspension must be a previously defined duration, not exceeding six months or, in the event of a disaster or other occurrence that has severely affected the normal activity of the company, a year. 2-the reduction or suspension can begin within 10 days of the date of the notification referred to in paragraph 3 of the preceding article, or immediately in the event of immediate impediment to normal delivery that is known by workers covered. 3-Any of the periods referred to in paragraph 1 may be extended for a maximum period of six months, since the employer communicates such intention and the duration provided for in writing and substantiated, the representative structure of workers and this not object in writing within five days following. 4-in the absence of the representative structure of workers, the communication provided for in the preceding paragraph is made each worker covered by the extension, which will only take place when the worker to express in writing their agreement. 5-light infraction Is a violation of the provisions of paragraph 1. Article 301 vocational training during the reduction or suspension 1-professional training to attend by workers during the period of reduction or suspension should be directed to the viability of the company and the maintenance of jobs, or the development of professional qualification of workers increase their employability. 2-the employer draws up the training plan, preceded by consultation of the workers covered and of the opinion of the representative structure of workers.


234 3 – the response of the workers and the opinion referred to in the preceding paragraph shall be issued in deadline indicated by the employer, not less than five days. 4-light infraction Is violation of provisions of this article. Article 302 duties of the employer during the period of reduction or suspension 1-During the period of reduction or suspension, the employer must: a) to carry out promptly the retributive compensation payment; b) Pay promptly the social security contributions on salaries earned by workers; c) do not distribute profits in any form, in particular the removal order on account; d) does not increase the retribution or another provision of assets assigned to a member of social bodies, while the social security contribution in retributive compensation given to employees; and the admission or not) renewal of contract of employment to fill job likely to be ensured by unemployed reduction or suspension. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 303.º Duties of the worker during the period of reduction or suspension 1-During the period of reduction or suspension, the worker must: a) Pay social security contributions based on retribution received and on retributive compensation;

235 b) If engaged in remunerated activity outside the company, to inform the employer, within five days of the initiation of the same; c) Attend vocational training provided for in the plan mentioned in article 301. 2-the employee that does not comply with unjustifiably the duty referred to in point (b)) or c) of the preceding paragraph loses the right to receive compensation and, in the case of (b)), must repay what has received this title, being still the omission a serious disciplinary offence. Article 304.º human rights worker in the period of reduction or suspension 1-During the period of reduction or suspension, the employee is entitled: a) is paid on a monthly basis a minimum amount equal to two-thirds their normal total gross remuneration, or the value of the minimum monthly wage corresponding to their normal work period, whichever is the higher; b) keep the social benefits or social security benefits to entitled and that that its calculation basis is not altered by the effect of the reduction or suspension; c) to exercise any other remunerated activity. 2-During the reduction period, the worker's remuneration is calculated in proportion to hours of work. 3-During the period of reduction or suspension, the employee is entitled to receive compensation to the extent necessary for, in conjunction with the consideration of work done in or outside the company, ensure the monthly amount referred to in subparagraph (a)) of paragraph 1, up to three times the minimum monthly wage. 4-the social security sickness allowance is not assigned for period of illness that occurs during the suspension of the contract, keeping the retributive compensation law worker. 236 5-In case of non-payment on time of the amount referred to in subparagraph (a)) of paragraph 1 during the period of reduction, the employee is entitled to suspend the contract in accordance with article 324. 6 – Constitutes a serious infraction the breach of the provisions of subparagraph (a)) of paragraph 1, or in subparagraph (b)) of the same paragraph in part for the employer. Article 305.º effects of reduction or suspension on vacation, holiday or Christmas allowance 1 – the time of reduction or suspension shall not affect the due date and the duration of the holiday period. 2-the reduction or suspension is without prejudice to the marking and the enjoyment of holidays, in general terms, having the worker entitlement to payment by the employer of the holiday allowance due under normal conditions of work. 3 – the employee is entitled the Christmas bonus, which is paid by the social security in an amount corresponding to half the retributive compensation and by the employer in the remainder. 4 – Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 3, this in part on the employer. Article 306 monitoring measure 1-the employer informs quarterly representative structures of employees of the evolution of the reasons justifying the reduction or suspension of provision of work.

237 2 During the reduction or suspension, the competent inspection service of the Ministry responsible for labour area, on its own initiative or at the request of any interested party must put an end to the application of the system in respect of all or some of the workers, in the following cases: a) no checking or cessation of the existence of the plea; b) Lack of communications or refusal to participate in the procedure of information and negotiation on the part of the employer; c) failure of any of the duties referred to in paragraph 1 of article 302º. 3 the decision putting an end to the application of the measure must indicate the workers who apply and shall take effect from the moment the employer is notified. Article 307 the rights of employees ' representatives during the reduction or suspension 1-the extent of reduction or suspension on the worker's trade union delegate or member of the collective representation of workers shall not affect the right to perform the corresponding functions in the company. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. DIVISION II Closure and temporary decrease of activity article 308 Retribution during the closure or reduction of activity 1-In case of temporary closure or temporary decrease of activity of the undertaking or establishment that does not respect the business crisis situation, the employee is entitled to: a) Being due to unforeseeable circumstances or force majeure, 75% of the consideration; 238 b) Being due to that attributable to the employer or as a result of this interest, the total of the consideration. 2-the amount of the consideration it follows what the worker receives in the period concerned by other activity that has passed the exercise effect the closure or reduction of activity. 3 – Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 309 of the closing or Cessation of activity reducing the employer shall inform the workers whose activity is suspended from closing or cessation of activity decrease, which resume the provision of work. Article 310 procedure in case of temporary closure due to the fault of the employer 1 – the temporary closure of the undertaking or establishment due to the fault of the employer, without initiated procedure with a view to collective dismissal, the dismissal on termination of employment, the temporary suspension of the normal work period or the suspension of the employment contract in Enterprise crisis , or that do not consist of closure for holidays, is governed by the following paragraphs. 2-for the purposes of the preceding paragraph, it is considered that there are temporary closure of the undertaking or establishment due to the fault of the employer where, by this decision, the activity ceases to be exercised, or there is interdiction of access to places of work or refusal to work, supply conditions and instruments that determine or can determine the stoppage of the undertaking or establishment.


239 3-the employer informs the workers and the workers ' Committee or, failing that, the Inter-Union Commission or commissions the company Trade Union, on bedding, predictable duration and consequences of shutdown, in advance of no less than 15 days or is this impossible, as soon as possible. 4-the Committee of workers can formulate an opinion on the closure within 10 days. 5 – Is a very serious offense not intentional violations of the provisions of paragraph 3. Article 311 Collateral in case of temporary closure due to the fault of the employer 1-In situation referred to in the previous article, the employer is the security that guarantees the payment of overdue payments, if any, of compensation for the period of closure and redundancy compensation, workers covered. 2-the employer is relieved of Act concerning compensation in the event of mass redundancy in the event of an express declaration to that effect in writing by two thirds of workers covered. 3-the security must be used within 15 days after the non-payment of any benefit granted or, in the case of retribution in mora, after its Constitution. 4-the security must strengthened in proportion in the event of an increase in remuneration, the duration of the closure or their extension to other establishment of the company. 5-collateral regime is applicable to the activity of temporary employment business as regards the following aspects: a) Entity on behalf of which it consists; b) Form for which is given; c) proof of non-payment of benefits payable; 240 d) termination and refund. 6 – Is a very serious offense not intentional violations of the provisions of paragraphs 1 or 4. Article 312 prohibited Acts in case of temporary closure 1-temporary closure of the undertaking or establishment referred to in paragraph 1 of article 310, the employer cannot: a) Distribute profits or dividends, buy supplies and their interest or redeem shares in any form; b Compensate members of social bodies) by any means, as a percentage higher than the pay to their workers; c) buy or sell shares or quotas to members of social bodies; d) making payments to creditors does not guarantee or privilege holders with preference with regard to the workers ' claims, unless such payments are intended to allow the company's activity; and) making payments to workers that do not match the prorate amount available, in proportion to the respective remunerations; f) Make donations, whatever the title; g) waive rights with heritage value; h) conclude contracts of mutual acting as lender; I) conduct surveys of Treasury to end the activity of the company. 2-the prohibition referred to in any of paragraphs d) to (g)) of the preceding paragraph shall cease in the event of an express declaration to that effect in writing by two thirds of workers covered. 241 Article 313 Nullity layout 1 Act-the Act of disposal of assets of the company on a royalty-free basis, practiced during the temporary closure covered by paragraph 1 of article 310, is voidable at the instigation of any interested party or of collective representation of workers structure. 2-the provisions of the preceding paragraph shall apply the Act of disposal of assets of the company against payment, practiced during the same period, it result decreased equity guarantee of workers ' claims. Article 314º regime extension of permanent closure the arrangements laid down in articles 310 to 313 applies, mutatis mutandis, the permanent closure of the undertaking or establishment that occurs without being initiated for collective redundancy procedure or without being fulfilled the provisions of paragraph 4 of article 345.º. Article 315 criminal liability in the event of closure of the undertaking or establishment 1-the employer who terminate, temporarily or permanently, the undertaking or establishment, in the case referred to in article 310 or in the previous article, without having complied with the provisions of articles 310 and 311, is punished with imprisonment up to two years or a fine up to 240 days. 2 – violation of article 312 is punished with imprisonment up to three years, without prejudice to any more severe penalty applicable to the case.

242 SUBSECTION IV license without retribution Article 316 concession and licence without compensation effects 1-the employer may grant the worker, at his request, without retribution. 2-the employee is entitled to leave of retribution for longer than 60 days for instructor-led training course frequency under the responsibility of educational institution or training, or under specific programme approved by the competent authority and run under its control or frequency of educational course taught in school. 3-In situation referred to in the preceding paragraph, the employer can refuse the grant of license: the) When, in the 24 months preceding, has been provided to the worker adequate vocational training or license for the same purpose; b) in the case of employee with seniority of less than three years; c) When the employee does not have the required license at least 90 days before the date of its beginning; d) in the case of micro-enterprise or small business and it is not possible to the appropriate worker replacement, if necessary; and) in case of worker covered by paragraph 1 of article 112, when its replacement is not possible without prejudice to the operation of the company. 4-the license determines the suspension of the employment contract, with the effects provided for in article 294. 5-Constitutes a serious infraction the breach of the provisions of paragraph 2.

243 SUBSECTION V Pre-reform Article 317 notion of early retirement early retirement is considered the situation of reduction or suspension of provision of work, established by agreement between employer and worker aged 55 years or more, during which this employer is entitled to receive a monthly financial allowance, pre-retirement schemes. Article 318 Agreement of early retirement early retirement agreement is subject to the written form and must contain: a) identification, domicile or headquarters and signatures of the parties; b) start date of early retirement; c) amount of the benefit of early retirement; d) organisation of working time, in the event of a reduction in the provision of work. Article 319.º provision of early retirement 1-the original amount of the pre-retirement benefit may not exceed the remuneration of the worker on the date of the agreement, not less than 25% of this or to work retribution, if early retirement is the reduction of the supply of work. 2-Saved stipulation to the contrary, the provision of early retirement is updated annually as a percentage equal to the increase in compensation that the employee would benefit if he were in full exercise of functions or, if there is no such increase, the rate of inflation.

244 3-the early retirement provision enjoys the guarantees of worker arising from an employment contract. Article 320 on worker rights early retirement situation 1-the unemployed early retirement may exercise other remunerated professional activity. 2-the early retirement agreement can assign to other rights arising not worker law. 3-In case of fault of payment of early retirement or, regardless of fault, if the live extends for more than 30 days, the employee is entitled to return to the full exercise of functions, without prejudice to the seniority, or to resolve the contract, entitled to compensation in accordance with paragraphs 2 and 3 of the next article. Article 321 Cessation 1-early retirement early retirement ceases: a) the reform of old-age or invalidity pension, worker; b) With the return of the worker to the full exercise of functions, by agreement with the employer or pursuant to paragraph 3 of the preceding article; (c)) With the termination of the employment contract. 2-in the situation provided for in subparagraph (c)) of the preceding paragraph, if the termination of the employment contract check worker entitled to compensation or, if compensation were in full exercise of functions, that are entitled to compensation in the amount of the pre-retirement benefits until the legal retirement age for old age.


245 3-the compensation referred to in paragraph 1 is based on the amount of the benefit of early retirement to the date of termination of the employment contract. CHAPTER VI breach of contract section I General provisions Article 322 general effects of the breach of contract of work 1-the part that Miss guiltily when carrying out its duties is responsible for injury caused to the counterparty. 2-the employer who miss guiltily to the fulfilment of cash benefits is obliged to pay the interest to the legal rate, or the higher rate established in collective labour regulation instrument or agreement of the parties. 3-the lack of prompt payment of compensation gives the employee the right to suspend or terminate the contract, in accordance with the procedure laid down in this code. Article 323.º effects to the employer of lack of prompt payment of the consideration 1 – the employer in case of lack of prompt payment of compensation shall apply the provisions of article 312. 2-the Act of disposal of the assets of the company in a situation of lack of prompt payment of compensation, or in the six months preceding, is voidable pursuant to article 313. 3-violation of paragraph 1 is punishable by imprisonment up to three years, without prejudice to any more severe penalty applicable to the case. 246 SECTION II Suspension of employment contract for no prompt payment of compensation Article 324 requirements of suspension of an employment contract 1-in the case of lack of prompt payment of compensation for a period of 15 days after the expiration date, the worker may suspend the contract by written notice to the employer and the competent inspection service of the Ministry responsible for labour area , at least eight days before the date of commencement of the suspension. 2-the employee may suspend the contract before expiry of the period of 15 days referred to in the preceding paragraph, when employers declare in writing that States that will not pay the compensation owed by the end of that term. 3-the lack of prompt payment of compensation for a period of 15 days is declared, at the request of the worker by the employer or, in the case of a refusal, by the service referred to in paragraph 1 within five or 10 days, respectively. 4-the Declaration referred to in paragraphs 2 or 3 must specify the amount of compensation owed and the period to which they relate. 5-light infraction Is a violation of the provisions of paragraph 3. Article 325 provide work during the suspension the employee may exercise another paid activity during the suspension of the employment contract, with respect to the duty of loyalty to the employer.

247 Article 326 cessation of suspension of an employment contract labour contract suspension shall cease as soon as: a) By the employee communication, pursuant to paragraph 1 of article 324, that puts an end to suspension from the given date; b) With full payment of outstanding payments and interest for late payment; c) by agreement between worker and employer for settlement of outstanding payments and interest for late payment. SECTION III disciplinary authority Article 327 disciplinary sanctions 1 – in the exercise of disciplinary authority, the employer may apply the following sanctions: a) a reprimand; b) Reprimand registered; c) financial penalty; d) loss of vacation days; and work with suspension) retribution and loss of seniority; f) Dismissal without compensation or compensation. 2-the collective labour regulation instrument may provide for other disciplinary sanctions, since they don't harm the rights and guarantees of the worker. 3-the application of sanctions must respect the following limits: 248 a) pecuniary sanctions applied to worker for infringements committed on the same day may not exceed one third of the consideration and, in each calendar year, the remuneration corresponding to 30 days; b) the loss of vacation days cannot jeopardize the enjoyment of 20 working days; c) suspension of work may not exceed 30 days for each offence and, in each calendar year, a total of 90 days. 4-whenever the special working conditions consistent with the limits set out in (a)) and (c)) of the preceding paragraph may be elevated to the double for collective labour regulation instrument. 5-the penalty can be aggravated by its disclosure in the context of the company. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 3 or 4. Article 328 CCP Disciplinary Procedure and limitation period 1 – the right to exercise disciplinary authority shall become statute-barred one year after the practice of infringement, or in the period of limitation of the criminal law that also constitute a crime. 2-the disciplinary procedure should be initiated in the 60 days following the date on which the employer or the competent hierarchical superior discipline, had knowledge of the offence. 3 – disciplinary authority can be exercised directly by the employer or by the employee's immediate superior, under the terms established by that. 4-Started the disciplinary procedure, the employer may suspend the worker if the presence of this show inconvenient, keeping the payment of the consideration. 5-the disciplinary measure cannot be applied without prior hearing of the worker.

249 6-Without prejudice to the corresponding right to legal action, the worker may complain to the hierarchically superior to the bracket that applied the sanction, or resort to dispute resolution process when laid down in collective labour regulation instrument or in the law. 7-Constitutes a serious infraction the breach of the provisions of paragraph 3. Article 329.º of decision Criteria and application of disciplinary measure 1-the disciplinary measure must be proportionate to the gravity of the offence and the culpability of the offender, and may not apply more than one for the same offence. 2-the application of the sanction must take place within the three months following the decision, under penalty of forfeiture. 3-the employer must provide the service responsible for the financial management of the Social security budget the amount of penalty applied. 4 – Constitutes a serious infraction the breach of the provisions of paragraphs 2 or 3. Article 330.º 1-abusive Sanctions it is considered improper to disciplinary action is motivated by the fact that the worker: a) Have claimed legitimately against working conditions; b) refusing to comply with the order that shouldn't obedience under e) of paragraph 1 and paragraph 2 of article 128; c) Exert or apply to the exercise of functions in the structure of collective representation of workers; d) in General, exercise, have exercised to exercise or invoke their rights or guarantees. 250 2-presumably abusive dismissal or other penalty imposed allegedly to punish an offence, when takes place: a) until six months after any of the facts mentioned in the preceding paragraph; b) Until one year after complaint or another form of exercise of rights relating to equality and non-discrimination. 3-the employer to apply sanction abusive must indemnify the worker in general terms, the amendments given in the following paragraphs. 4-In case of dismissal, the employee is entitled to choose between reinstatement and compensation calculated in accordance with paragraph 4 of article 390.º. 5-In case of financial penalty or suspension of work, compensation shall not be less than 10 times the importance of that or the remuneration lost. 6-the employer apply abusive sanction in the case provided for in subparagraph (c)) of paragraph 1 shall indemnify the worker as follows: a) the minimum referred to in the preceding paragraph are high to double; b) in the case of dismissal, the compensation must not be less than the value of the consideration and base diuturnidades corresponding to 12 months. 7 – Constitutes an administrative offence record sanctioning abusive application. Article 331.º registration of disciplinary measures 1-the employer must have an up-to-date record of disciplinary sanctions, done in such a way that allows easy verification of compliance with the provisions applicable, in particular the competent authorities requesting your query. 2-light infraction Is violation of the preceding paragraph.

251 SECTION IV Guarantees the worker's credit 332.º credit Privileges Article 1-worker's credits arising from the employment contract, or the breach or termination shall enjoy the following privileges: credit) Privilege General furniture; b) Privilege on immovable property real estate of the employer in which the worker pay their activity. 2-the ranking of claims is made in the following order: a) the privileged credit General furniture graduated before credit referred to in paragraph 1 of article 747.º of the Civil Code; b) credit real estate special privileged graduated before credit referred to in article 748.º of the Civil Code and credit for social security contributions. Article 333.º joint and several liability of the company in respect of reciprocal memberships, or domain group For emerging credit of an employment contract, or the breach or termination, won more than three months, respond jointly and severally the employer and that this society is in a relationship of reciprocal memberships, or group, under the conditions laid down in articles 481.º and following of the companies code.


252 Article 334 Responsibility of partner, Manager, administrator or director 1-the partner who, alone or together with others who are bound by agreements between shareholders, is in one of the situations provided for in article 83 of the Código das Sociedades Comerciais, responds in accordance with the previous article, as long as you check the conditions of articles 78, 79 and 83 of that diploma and by them. 2-the Manager, administrator or director responds in accordance with the previous article, as long as you check the conditions of articles 78 and 79 of the companies code and the way them established. Article 335.º Wage guarantee fund claims payment of worker arising from an employment contract, or the breach or termination, which cannot be paid by the employer by reason of insolvency or difficult economic situation, is ensured by the Wage guarantee fund, as provided for in specific legislation. Section V and Article 336 Prescription prescription and credit proof 1-credit for employer or emerging worker of employment contract, the breach or termination shall become statute-barred after one year from the day following that on which the contract of employment ceased. 2-credit corresponding to compensation for violation of the right to holidays, compensation for sanctioning improper application or payment of additional work, won more than five years, can only be proved by appropriate document. 253 CHAPTER VII termination of contract of employment section I General provisions on termination of employment contract Article 337.º prohibition of dismissal without just cause is prohibited the dismissal without just cause or for political or ideological reasons. Article 338 Inalterability of the termination of the employment contract 1-the regime established in this chapter cannot be relieved by collective labour regulation instrument or contract of employment, except as provided in the following paragraphs or in another legal provision. 2-the criteria for the definition of compensation, the procedure and time limits for notice established in this chapter can be regulated by collective labour regulation instrument. 3-the values of compensation can, within the limits of this code, be regulated by collective labour regulation instrument. Article 339.º procedures for termination of contract of employment in addition to other legally provided for, the employment contract may terminate by: a) Expiry; b) Repeal; c) Dismissal due to the fault of the worker; 254 d) collective redundancies; and) dismissal for extinction of workstation; f) dismissal for inadequate; g) resolution by the worker; h) Complaint by the employee. Article 340.º documents to deliver to the worker 1-Ceasing the employment contract, the employer must provide the worker: a) A work certificate, indicating the dates of admission and termination, as well as the position or positions played; (b)) other documents intended for official purposes, in particular those laid down in social security legislation, which should send upon request. 2-the attestation of employment can only contain other references at the request of the worker. 3-light infraction Is violation of provisions of this article. Article 341.º Refund of instruments of work Ceasing the employment contract, the employee should return immediately to the employer tools and other objects belonging to this, under penalty of incurring civil liability for damage caused.



255 SECTION II expiry of contract of employment Article 342 causes of expiry of contract of employment the employment contract falls under the general terms, namely: the) checking if your term; b) By supervening impossibility, absolute and final, of the worker pay their work or to the employer receive; c) the reform of old-age or invalidity pension, worker. 343.º article expiry of fixed-term employment contract 1-the term employment contract expires at the end of the prescribed period, or their renewal, provided that the employer or the employee communicates to the other party the will to do so, in writing, respectively, 15, eight days before the deadline expires. 2-In case of expiry of fixed-term contract due to the Declaration of the employer, the employee is entitled to compensation corresponding to three or two days of retribution and diuturnidades basis for each month of duration of the contract, as this does not exceed or exceeds six months, respectively. 3 – the part of the compensation on the part of month of duration of the contract is calculated proportionally. 4 – Constitutes a serious infraction the breach of the provisions of paragraph 2.

256 Article 344 expiry of fixed-term employment contract uncertain 1-the uncertain term employment contract shall lapse when, with the occurrence of the term, the employer notify the termination of same to the worker, with the minimum antecedence of 30 or 60 days seven, as the contract lasted up to six months from six months to two years or more. 2-in the case referred to in point (e)) or h) of paragraph 2 of article 140 which give rise to the hiring of several workers, the communication referred to in the preceding paragraph must be made successively from the verification of the gradual decrease of their occupation, as a result of the normal reduction of activity, task or work for which they were hired. 3-in the absence of the notification referred to in paragraph 1, the employer must pay the worker the value of compensation corresponding to the period of notice. 4-In case of expiry of the contract term, the employee is entitled to compensation calculated in accordance with paragraphs 2 and 3 of the previous article. 5-Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 345.º death of employer, termination of legal person or termination of company 1-death of individual employer does lapse the employment contract on the date of the closure of the company, unless the deceased's successor continue the activity for which the worker is hired, or the transfer of the undertaking or establishment. 2-the extinction of body corporate employer, when there is a transfer of the undertaking or establishment, determines the expiry of the employment contract.

257 3-total and definitive closure of company determines the expiry of the employment contract and, if the number of persons employed corresponds to the concept of collective redundancies, the procedure provided for in articles 359.º and following, mutatis mutandis. 4-If the expiry of the contract in the case referred to in the preceding paragraphs, the worker is entitled to compensation calculated in accordance with article 365.º, which responds to the company's heritage. 5-Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 346.º Insolvency and recovery of 1 company-the judicial declaration of insolvency of the employer does not terminate the contract of employment, the insolvency administrator should continue to meet in full the obligations to workers while the establishment is not definitely closed. 2-before the permanent closure of the establishment, the insolvency administrator may terminate the employment contract of a worker whose collaboration is not essential for the operation of the company. 3-termination of employment contracts due to the closure of the establishment or held pursuant to paragraph 2, which covers workers in number corresponding to the notion of collective dismissal must be preceded by procedure provided for in articles 359.º and following, mutatis mutandis. 4-the provisions of the preceding paragraph shall apply in the event of insolvency process that can determine the termination of the establishment.

258 Article 347.º conversion to fixed term contract after superannuation or age of 70 years 1 – considered the term the employment contract of workers who remain in the service within 30 days about knowledge, by both parties, their superannuation. 2-in the case referred to in the preceding paragraph, the contract shall be subject to the arrangements defined in this code to the contract the term resolutivo mutatis mutandis and the following specifics: a) is waived the contract reduction to writing; (b) in force for a period) the contract of six months, renewing themselves equal and successive periods, without placing ceilings; c) the expiry of the contract shall be subject to prior notice of 60 or 15 days, depending on the initiative belongs to the employer or the worker; d) expiry does not determine the payment of any compensation to the employee. 3-the preceding paragraphs shall apply to the employment contract of an employee reaches 70 years of age without having been reform. SECTION III Withdrawal of employment contract Article 348.º termination of employment contract by agreement 1-the employer and the employee may terminate the employment contract by agreement. 2-the revocation agreement document should be signed by both parties, with a copy.


259 3-the document should explicitly mention the date of conclusion of the agreement and the start of production of the respective effects. 4-the parties may simultaneously waking up other effects, within the limits of the law. 5, in the agreement or in conjunction with this, the parties establish a financial compensation for the worker's overall, it is assumed that this includes the credits expired at the date of termination of the contract or required as a result of this. 6-light infraction Is violation of the provisions of paragraphs 2 or 3. Article 349.º 1 revocation agreement cessation-the worker may terminate the employment contract revocation by written communication addressed to the employer, to the seventh day following the date of its conclusion. 2-the worker, if you can't ensure the receipt of notification within the period provided for in paragraph 1, shall send it by registered letter with acknowledgement of receipt, on the working day following the end of the term. 3-the termination referred to in paragraph 1 is only effective if, at the same time as the communication, the worker delivering or put in any way, at the disposal of the employer the entire amount of the pecuniary compensation paid in compliance with the agreement, or the effect of termination of the employment contract. 4-the exception to the preceding paragraphs the revocation agreement is duly dated and whose signatures are subject to notarial recognition in person, in accordance with the law.

260 SECTION IV Dismissal on the initiative of the employer SUBSECTION (I) procedures for dismissal Division I Dismissal due to the fault of the worker Article 350.º notion of just cause for dismissal-1 Constitutes just cause for dismissal the negligent behaviour of the worker who, by their severity and consequences become immediately and practically impossible the subsistence of the employment relationship. 2-in particular, constitute just cause for dismissal the following behaviors of the worker: a) Disobedience to orders given by illegitimate responsible hierarchically superior; b) violation of rights and guarantees of workers of the enterprise; c) repeated Provocation of conflicts with workers of the enterprise; d) repeated for lack of interest, with the due diligence obligations inherent to the exercise of the Office or workplace that is permanently; and patrimonial interests of serious Injury); f) false statements concerning the justification of fouls; g) Unexcused Absences to work which entail losses or serious risks directly to the company, or the number of hits in each calendar year, five in a row or 10 interpolated, regardless of injury or risk; h) Lack of observance of rules of fault safety and health at work; 261 i) Practice within the company, from physical violence, insults or other offences punished by law about company worker, element of social bodies or individual employer not belonging to these, his delegates or representatives; j) Abduction or in general crime against the freedom of the persons referred to in the preceding sub-paragraph; l) non-compliance or opposition to the fulfilment of a judicial or administrative decision; m) abnormal Reductions in productivity. 3-in assessing just cause, must be taken within the framework of management of the company, to the degree of injury to the interests of the employer, the nature of relationships between the parties or between the employee and his companions and other circumstances in the case are relevant. Article 351.º prior Investigation if the prior procedure of inquiry is necessary to substantiate the note of guilt, his early stops counting the time limits specified in paragraphs 1 or 2 of article 328(1), since it occurs in the 30 days following the suspicion of irregular conduct the procedure be conducted diligently and the fault is notified up to 30 days after the completion of the same. Article 352 1 fault note-always check any behaviour likely to constitute just cause for dismissal, the employer shall notify, in writing, to the employee who has practiced the intention to their dismissal, adding a note of guilt with the detailed description of the facts imputed to him.

262 2-on the same date, the employer sends copies of communication and of the Commission and, if the employee is a Union representative, the Union Association. 3-the notification of the fault to the worker stops the countdown of the time limits specified in paragraphs 1 or 2 of article 328(1). 4-Is serious or very serious infraction in the case of a Union representative, the worker dismissal in violation of the provisions of paragraphs 1 or 2. Article 353.º preventive suspension 1-worker With the notification of the fault, the employer may suspend the worker whose presence in the company if show inconvenient, keeping the payment of the consideration. 2-the suspension referred to in the preceding paragraph may be determined within 30 days prior to notification, provided that the employer justify in writing that, having regard to evidence of facts attributable to the worker, the presence of this in the company is inconvenient, especially for the investigation of such facts, and that has not yet been possible to produce the note. Article 354.º response to the note of 1 fault-the employee has 10 business days to check the process and respond to the note, written by deducting the elements it considers relevant to clarify the facts and their participation in them, and can add documents and request the necessary probative deemed relevant for the clarification of the truth. 2-Is serious or very serious infraction in the case of a Union representative, the dismissal of employee with violating the provisions of the preceding paragraph.

263 Article 1 Statement 355.º-it is up to the employer to decide to carry out the steps required in response to the note probative of guilt. 2 – If the dismissal respect the pregnant worker, worker who has recently given birth or are breastfeeding or the enjoyment of parental leave, the employer, by themselves or through an instructor that has appointed, must carry out the steps required in response to the note probative of guilt, unless the consider patently delaying tactics or impertinent, and in this case it alegá inform in writing. 3 – When there is no place to the statement required by the employee, the employer is not obliged to proceed to hearing from more than three witnesses for each fact described in the note of guilt, or more than 10 in total. 4-the worker must ensure the appearance of the witnesses that indicate. 5-upon receipt of the response to the note of guilt or the completion of due diligence probative, the employer presents full copy of the dossier to the Commission and, if the employee is a Union representative, to the respective trade union association, which may, within five working days, do join the process its reasoned opinion. 6-for the purposes of the preceding paragraph, the worker can communicate to the employer within three working days after the receipt of the note of guilt, which the opinion on the process is issued by certain trade union association, the absence in this case place the submission of copy of the dossier thereon to the Commission. 7 – Constitutes a serious infraction, or very serious in the case of a Union representative, the worker dismissal in violation of the provisions of paragraphs 2, 5 or 6.


264 Article 356.º Decision of dismissal due to the fault of the worker 1-Received the opinions referred to in paragraph 5 of the preceding article or the expiry for this purpose, the employer has 30 days to make the decision of dismissal, under penalty of forfeiture of the right to enforce the sanction. 2-When there is no Committee of workers and the worker is not a Union representative, the time limit referred to in the preceding paragraph is counted from the date of completion of the last investigation. 3-If the employer chooses not to perform the due diligence required by the worker, supporting the decision can only be taken after five working days after receipt of the opinion of the representatives of the employees, or the period for that purpose or, if there is no Committee of workers and the worker is not a Union representative, following receipt of the response to the note of guilt or the starting time for any time limit for this purpose. 4-in the decision are considered the circumstances of the case, in particular those referred to in paragraph 3 of article 350.º, the appropriateness of the dismissal to the culpability of the worker and the opinions of the representatives of the workers, and cannot be relied on facts not contained in the note of guilt or of the response from the worker, unless mitigate the responsibility. 5-the decision must be substantiated and appear in written document. 6-the decision is communicated, for copy or transcription, to the worker, to the workers, or their trade union membership, if that is a Union representative or in the situation referred to in paragraph 6 of the preceding article. 7-the decision determines the termination of the contract as soon as it comes to the power of the worker or is it known, or when the worker's fault was not properly received by him. 265 8-severe infraction Constitutes, or very serious in the case of a Union representative, the dismissal of a worker with violation of provisions of this article. Article 357 microenterprise 1 procedure-the procedure of dismissal in micro-enterprise, if the employee is not a member of Committee of workers or Union representative, exempted the formalities laid down in paragraph 2 of article 352, paragraph 5 of Article 355.º and in paragraphs 1, 2, 3 and 6 of the preceding article, the provisions apply in the following paragraphs. 2-in the weighting and rationale of the decision, shall apply the provisions of paragraph 4 of the preceding article, with the exception of the reference to opinions of representatives of workers. 3-the employer may prefer the decision within the following deadlines: a) if the employee does not answer the note of guilt, 30 days from the expiry of the deadline to reply to the same; b) Case proceed as probative steps required by the worker, 30 days of the completion of the last stage; c) If you choose not to perform the due diligence required by the worker, probative within five working days after receipt of the response to the note of guilt, and up to 30 days after this date. 4-If the employer does not issue a decision until the expiry of the period referred to in any of subparagraphs (a) of the preceding paragraph, the right to apply the sanction expires. 5 – the decision is communicated, for copy or transcription to the worker. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 2, 3 or 5.

DIVISION II 266 collective redundancies Article 1 358.º notion of collective redundancy-collective redundancies the termination of contracts of employment promoted by the employer and operated simultaneously or successively within three months, covering, at least, two or five workers, as in the case of micro-enterprise or small business, on the one hand, or of medium or large company, on the other , where that occurrence gives rise to closure of one or more sections or equivalent structure or reducing the number of workers and is determined on grounds of structural or technological market. 2-for the purposes of the preceding paragraph shall be considered, in particular: (a)) market Reasons involving the reduction predictable demand for goods or services or incidental legal or impossible, in fact, to put these on the market, causing reduction of the company's activity; b) reasons, structural consisting of financial imbalance, change of activity, restructuring of productive organization or replacement of dominant products; c) technological Reasons, consisting of technical change or manufacturing processes, automation of production, control instruments or cargo handling, as well as computerization of services or media automation.



Article 267 359.º Communications in the event of collective redundancies 1-the employer wishing to carry out a collective dismissal communicates this intention, in writing, to the workers or, in the absence thereof, to the Commission or inter-Union commissions the company trade union representing the workers to cover. 2-the communication referred to in the preceding paragraph shall contain: a) the reasons given for the collective redundancies; b) staff, broken down by organizational sectors; c) the criteria for selection of workers to be made redundant; d) the number of workers to be made redundant and the professional categories concerned; and) the period of time during which you want to perform the dismissal; f) the method of calculation of compensation to be awarded generally to workers to be made redundant, if appropriate, without prejudice to the compensation set out in article 365.º or in collective labour regulation instrument. 3-in the absence of the entities referred to in paragraph 1, the employer communicates the intent to proceed with the dismissal in writing to each of the workers who may be affected, which may designate, from among them, within five working days of receipt of the communication, a Commission representative with the maximum of three or five members depending on the dismissal to cover up to five or more workers. 4-in the case referred to in the preceding paragraph, the employer sends to the Commission referred to the information listed in paragraph 2. 5-the employer, on the date on which the communication referred to in paragraph 1 or the preceding paragraph, sends copy of the same to the service of the Ministry responsible for labour area responsible for the monitoring and promotion of collective bargaining.

268 6-serious infraction Constitutes dismissal carried out in violation of the provisions of paragraphs 1, 2, 3 or 4. Article 360.º information and trading in the event of collective redundancies 1 – within five days after the date of the Act referred to in paragraphs 1 or 4 of the preceding article, the employer promotes a phase of information and negotiation with the representative structure of workers, with a view to an agreement on the extent and effects of the measures to be applied, as well as , other measures that reduce the number of workers to be made redundant, in particular: the Suspension of employment contracts); b) reduction of normal working periods; c) Conversion or reclassification; d) early retirement or early retirement. 2-the application of measures provided for in point (a)) or b) of the preceding paragraph the workers covered by collective redundancy procedure is not subject to the provisions of articles 298 and 299. 3-the application of the measure referred to in subparagraph (c)) or d) of paragraph 1 depends on agreement of the worker. 4-the employer and the representative structure of workers can be assisted each by an expert in negotiation meetings. 5-minutes of meetings must be drawn up, containing the story up as well as the divergent positions of the parties and the opinions, suggestions and proposals. 6 – Constitutes a serious infraction dismissals carried out in violation of the provisions of paragraphs 1 or 3.


Article 269 361.º intervention of the Ministry responsible for labour area 1-the competent service of the Ministry responsible for labour area participates in the negotiation provided for in the previous article, with a view to promoting the regularity of their substantive and procedural statement and reconciliation of interests of the parties. 2-the service referred to in the preceding paragraph, if there is irregularity of the substantive and procedural statement, must advise the employer and, if it persists, should make the record that mention of the acta negotiation meetings. 3-at the request of either party or on the initiative of the service referred to in the preceding paragraph, the regional employment services and vocational training and social security indicate the measures to be applied in the respective areas, in accordance with the legal framework of the solutions to be adopted. 4-light infraction Is the impediment to the participation of the competent service in the negotiation referred to in paragraph 1. Article 362.º decision to collective redundancies 1-Concluded the agreement or, failing that, after 15 days have elapsed on the Act referred to in paragraphs 1 or 4 of Article 359.º or, in the absence of representatives of the employees of the communication referred to in paragraph 3 of the same article, the employer shall forward to each worker covered the decision of dismissal with express mention of the reason and the date of termination of the contract and indication of the amount, manner, time and place of payment of the compensation of credits accrued and payable by effect of the termination of the employment contract, in writing and in advance, prior to the date of termination, to:) 15 days in the case of an employee with seniority of less than one year;

270 b) 30 days in the case of an employee with seniority of not less than one year and less than five years; c) 60 days in the case of an employee with seniority of not less than five years but less than 10 years; d) 75 days in the case of an employee with seniority of not less than 10 years. 2-the date that sends communication to workers, the employer refers: to the competent service of the Ministry) responsible for the technical area, the minutes of meetings of negotiation or, failing that, information on the reasons for such lack, the reasons that hindered agreement and final positions of the parties, as well as relationship of the record the name of each worker , address, dates of birth and admission in the company, before social security, profession, category, compensation, as determined and the date set for its implementation; b) representative of workers structure, copy of the relationship referred to in (a). 3-not being subject to the minimum period of notice, the contract ceases after 60 days of the date of notification of dismissal and the employer pay compensation corresponding to this period. 4-payment of compensation, the credits accrued and payable by effect of termination of the employment contract shall be carried out until the end of the period of notice, except in the situation referred to in article 346.º or regulated in special legislation on business recovery and restructuring of economic sectors. 5-Constitutes a serious infraction dismissals carried out in violation of the provisions of paragraphs 1 or 4 and is administrative offense take the breach of the provisions of paragraph 2.

271 Article 363 of Credit hours during the notice 1-during the period of notice, the employee is entitled to a credit of hours corresponding to two days of work a week, without prejudice of the consideration. 2-credit hours can be divided by some or all of the days of the week, by the employee. 3-the worker must inform the employer use of credit hours, with three days in advance except reason of consideration. 4-light infraction Is violation of provisions of this article. Article 364.º termination of the contract by the employee during the notice During the period of notice, the employee may terminate the employment contract by declaration at least three working days, keeping the right to compensation. 365.º compensation for collective redundancies article 1 – in the event of collective redundancies, the worker is entitled to compensation corresponding to one month's base compensation and diuturnidades for each full year of seniority. 2-In case of fraction of a year, the compensation is calculated pro rata. 3-the compensation may not be less than three months of basic consideration and diuturnidades. 4 – Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 2.

DIVISION III 272 dismissal on termination of employment Article 366.º notion of dismissal on termination of employment 1-dismissal for the termination of employment termination of employment contract by the employer and reasoned that promoted extinction, when this is due to market reasons, structural or technological. 2-term market, structural motifs or the technology as such referred to in paragraph 2 of article 358.º. Article 367 Requirements for dismissal by closure of job 1-dismissal for the termination of employment may only take place provided that check the following requirements: a) the reasons indicated are not due to culpable conduct of the employer or worker; b) is practically impossible the subsistence of the employment relationship; c) do not exist, in the company, fixed-term work for tasks corresponding to the workstation extinct; d) not apply the collective redundancy. 2-going on in section or equivalent structure a plurality of jobs functional content identical to the workstation to extinguish, the employer must observe, by reference to their holders, the following order of criteria: a) Less seniority in the workplace; 273 b) Less seniority in the Professional category; c) lower Class in the same professional category; d) Less seniority in the company. 3-the worker who, in the three months prior to the initiation of the procedure for dismissal has been transferred to the workplace that may be extinct, is entitled to be transferred to the previous work if still exists, with the same base remuneration. 4-for the purposes of point (b)) of paragraph 1, once extinguished the workstation, it is considered that the livelihood of the working relationship is practically impossible when the employer has no other compatible with the professional employee category. 5-dismissal for extinction of the workstation can only take place provided that, until the expiry of the notice, be made available to the worker the compensation due as well as the credits accrued and payable by effect of termination of the employment contract. 6 – Constitutes a serious infraction the dismissal in violation of the provisions of paragraphs 1, 2 or 3. Article 368.º Communications in the event of dismissal for the termination of job 1-in the case of dismissal for the termination of employment, the employer shall notify, in writing, to the workers or, in the absence thereof, to the Commission or Commission Union, intersindical worker involved and yet, if this is a Union representative, to the respective Trade Union Association: a) the need to extinguish the workstation , indicating the reasons and supporting the section or unit equivalent to respect;


274 b) the need to lay off the employee assigned to workplace to extinguish and your professional category. 2-Constitutes a serious infraction dismissals carried out in violation of the provisions of the preceding paragraph. Article 369 Consultations in case of dismissal for the termination of job 1-10 days after the US communication provided for in the preceding article, the representative structure of employees, the employee involved and yet, if this is a Union representative, the respective trade union association can convey to the employer your reasoned opinion, particularly on the reasons given, the requirements set out in paragraph 1 of article 367 or the priorities referred to in paragraph 2 of the same article as well as the alternatives that allow mitigate the effects of dismissal. 2-Any entity referred to in the preceding paragraph may, within three working days after the communication of the employer, request the competent inspection service of the Ministry responsible for the verification of the technical requirements laid down in (c)) and d) of paragraph 1 and in paragraph 2 of article 367, stating at the same time inform the employer. 3-the service referred to in the preceding paragraph shall prepare and send to the applicant and the employer on the matter subject to verification within seven days of receipt of the request. Article 370 Decision of dismissal for the termination of job 1-After five days of the expiry of the time limit laid down in paragraph 1 of the preceding article, or, where appropriate, of the receipt of the report referred to in paragraph 3 of the same article or the expiry of the deadline for its submission, the employer may proceed to the dismissal. 275 2 – the decision of dismissal is given in writing, consisting: extinction) reason workstation; b) confirmation of the requirements set out in paragraph 1 of article 367, with indication, where appropriate, of the refusal of an alternative proposal to the employee; c) proof of the implementation of the priority criterion, if there has been opposition to this; d) Amount, manner, time and place of payment of compensation and accrued and payable credits for effect of termination of the employment contract; and) date of termination of employment. 3-the employer communicates the decision, per copy or transcription, to the worker, the entities referred to in paragraph 1 of article 368.º, as well as to the competent Ministry inspection service responsible for labour area, with minimum antecedence, prior to the date of termination, to:) 15 days in the case of an employee with seniority of less than one year; b) 30 days in the case of an employee with seniority of not less than one year and less than five years; c) 60 days in the case of an employee with seniority of not less than five years but less than 10 years; d) 75 days in the case of an employee with seniority of not less than 10 years. 4-payment of compensation, the credits accrued and payable by effect of termination of the employment contract shall be carried out until the end of the period of notice. 5-Constitutes a serious infraction dismissals carried out in violation of the provisions of paragraphs 1 or 2, or of the notice referred to in paragraph 3, constitutes a misdemeanour and take the breach of the provisions of paragraph 3.

276 Article 371.º worker rights in the event of dismissal for the termination of employment the worker fired for the termination of employment applies the provisions of paragraph 3 of article 362.º and articles 363 to 365.º. DIVISION IV dismissal for inadequate Article 372.º notion of dismissal for inadequate inadequate deemed dismissal on termination of an employment contract by the employer and promoted based on prevailing inability of the employee to the workplace. Article 373.º 1 maladjustment situations-the inability to verify in any of the situations referred to in points (a) following, when, being determined by way of office worker, make virtually impossible the subsistence of the employment relationship: the continuing productivity or Reduction); b) repeated Breakdowns in the media assigned to the workstation; c) risks to the safety and health of the worker, of other employees or third parties. 2-there is still inadequacy of employee affection by technical complexity or direction when you don't meet the objectives previously agreed in writing, as a result of their mode of Office and is virtually impossible to the subsistence of the employment relationship.


Article 277 374.º dismissal for inappropriate requirements 1-dismissal for inability in situation referred to in paragraph 1 of the preceding article may only take place provided that, cumulatively, arise the following requirements: a) have been introduced modifications in the workplace resulting from changes in manufacturing or marketing processes, new technologies or equipment based on different or more complex technology in the six months before commencement of the procedure; b) has been given adequate vocational training at the workplace under the supervision of the competent authority or educational entity certified trainer; (c)) has been provided to the employee, after forming, an adjustment period of at least 30 days, at the workplace, or out of it whenever the exercise of functions in that post is likely to cause damage or risks to safety and health of the worker, of other employees or third parties; d) does not exist in the company another job available and compatible with the professional qualification of the worker; and the situation of no maladjustment) results from lack of safety and health at work attributable to the employer. 2-the worker who, in the three months prior to the initiation of the procedure for dismissal has been transferred to the workplace that may be extinct, is entitled to be transferred to the previous work if still exists, with the same base remuneration. 3-dismissal for inability in situation referred to in paragraph 2 of the preceding article may only take place provided that the requirement referred to in subparagraph (e)) of paragraph 1 and, still, there has been the introduction of new manufacturing processes, new technologies or equipment based on different or more complex technology, involving modification of the functions relating to the workplace. 278 4 – dismissal may only take place provided that it is made available to the worker the compensation due. 5-Constitutes a serious infraction violation of provisions of this article. Article 375.º Communications in the event of dismissal for inadequate 1-in the case of dismissal for inability, the employer shall notify, in writing, to the workers or, in the absence thereof, to the Commission or Commission Union, intersindical to the employee and, if this is a Union representative, to the respective Trade Union Association: a) the need to end the contract of employment, indicating the reasons supporting documents; b) modifications to the workplace and the results of vocational training and of the period of adjustment, in accordance with (a)) c) paragraph 1 of the preceding article; (c)) the absence in the company of other job available and compatible with the professional qualification of the worker, in accordance with subparagraph (d)) of paragraph 1 of the preceding article. 2 – Constitutes a serious infraction dismissals carried out in violation of the provisions of this article. Article 376.º queries in case of dismissal for inability In 10 days after the notification referred to in the previous article, the representative structure of employees, the employee involved and yet, if this is a Union representative, the respective trade union association can convey to the employer your reasoned opinion, particularly on the reasons justifying the dismissal, the employee may still present evidence which it considers relevant. 279 Article 377.º Decision of dismissal for inadequate 1-After five days on the expiry of the period referred to in paragraph 1 of the preceding article, the employer may proceed with the dismissal, by reasoned decision and in writing containing: a) reason for the termination of the employment contract; b) confirmation to the requirements laid down in article 374.º, with indication, where appropriate, of the refusal of an alternative proposal to the employee; c) Amount, manner, time and place of payment of compensation and accrued and payable credits for effect of termination of the employment contract; d) date of termination of employment. 2 – the employer communicates the decision, per copy or transcription, to the worker, the entities referred to in paragraph 1 of article 375.º, as well as to the competent Ministry inspection service responsible for labour area, with minimum antecedence, prior to the date of termination, to:) 15 days in the case of an employee with seniority of less than one year; b) 30 days in the case of an employee with seniority of not less than one year and less than five years; c) 60 days in the case of an employee with seniority of not less than five years but less than 10 years; d) 75 days in the case of an employee with seniority of not less than 10 years. 3 – Constitutes a serious infraction the dismissal carried out in violation of the provisions of paragraph 1 or of the notice referred to in paragraph 2, and is administrative offense take the breach of the provisions of paragraph 2, as regards the lack of communication and service entities referred to therein. Article 280 378.º worker rights in the event of dismissal for inability to worker fired for inadequate applies the provisions of paragraph 3 of article 362.º and articles 363 to 365.º. Article 379.º Maintenance job level 1 – In 90 days following the dismissal for inadequate, should be ensured to maintain the level of employment in the company, by means of admission or transfer of employee in the course of procedure aimed at dismissal by fact that it is not chargeable. 2-In case of failure to comply with the provisions of the preceding paragraph, the competent inspection service of the Ministry responsible for labour area notifies the employer for ensuring the maintenance of the level of employment, in period not exceeding 30 days. 3 – Constitutes a serious infraction dismissals carried out in violation of the provisions of paragraphs 1 or 2, as the breach of paragraph 2 punishable by double the fine. SUBSECTION II Unlawfulness of dismissal Article 380.º General Grounds of unlawfulness of dismissal Without prejudice to articles following or in specific legislation, the dismissal on the initiative of the employer is illegal: a) if due to political reasons, ideological, ethnic or religious, albeit with different motive invocation; b) If the reason justifying the dismissal is declared unfounded; 281 c) if it is not preceded by the corresponding procedure; d) in the case of a pregnant worker, worker who has recently given birth or breastfeeding or during the initial parental leave, in any of its modalities, if not prompted the prior opinion of the competent authority in the area of equal opportunities between men and women. Article 381.º Unlawfulness of dismissal due to the fault of the worker 1-dismissal due to the fault of the worker is still illegal if it is delivered after the expiry of any time limits specified in paragraphs 1 or 2 of article 328(1), or whether their procedure is invalid. 2 – the procedure is invalid if: a) Miss the fault, or if it is not in writing or does not contain a detailed description of the facts imputed to the worker; b) lack the communication of intention to join dismissal note of guilt;

c) has not been respected the right of the worker to consult the process or respond to the note of guilt or the deadline for response to the note of guilt; d) the communication to the employee of the decision of dismissal and the reasons therefor is not made in writing, or is not drawn up in accordance with paragraph 4 of article 356.º or paragraph 2 of article 357. Article 382.º of Unlawful collective dismissal collective redundancies is still illegal if the employer: a) has not made the communication referred to in paragraph 1 or 4 of Article 359.º or promoted the negotiation referred to in paragraph 1 of article 360.º; 282 b) have applied discriminatory criteria in the selection of the workers to be made redundant; c) has not observed the deadline to decide the dismissal, referred to in paragraph 1 of article 362.º; (d)) has not made available the worker fired, until the expiry of the period of notice, the compensation referred to in article 365.º and the credits accrued or payable by virtue of the termination of contract of employment, without prejudice to the final part of paragraph 4 of article 362. Article 383.º Unlawfulness of dismissal for the termination of job dismissals for the termination of employment is still illegal if the employer:) does not meet the requirements of paragraph 1 of article 367; b) does not comply with the criteria for implementation of jobs to extinguish referred to in paragraph 2 of article 367; c) haven't done the communications provided for in article 368.º; (d)) has not made available to the worker fired, until the expiry of the period of notice, the compensation referred to in article 365.º by article 371.º and remission credits accrued or payable by virtue of the termination of the employment contract. Article 384.º of Unlawful dismissal for inadequate dismissal for inadequate is still illegal if the employer:) does not meet the requirements of paragraph 1 of article 374.º; b) has not made the communications provided for in article 375.º;


283 c) has not made available the worker fired, until the expiry of the period of notice, the compensation referred to in article 365.º by article 378.º and remission credits accrued or payable by virtue of the termination of the employment contract. Article 385.º Suspension of dismissal, the employee may request the preventive suspension of the dismissal, within five working days of the date of receipt of notification of dismissal by restraining order regulated in the code of labour procedure. Article 386.º of the judicial Examination lawfulness of dismissal 1-the unlawfulness of dismissal can only be declared by judicial court. 2-the legal action must be brought within 60 days from the receipt of notification of dismissal. 3-the action of judicial assessment of the lawfulness of dismissal, the employer can only rely on facts and reasons set out in decision of dismissal notified to the employee. 4-Without prejudice to the consideration of formal defects, the Court should always decide on the verification and origin of the pleas in law to the dismissal. Article 387.º the purposes of unlawfulness of dismissal 1-Being the dismissal declared unlawful, the employer is convicted: a) to compensate the employee for all damages caused patrimonial and non patrimonial,;

284 b) reintegration of the worker in the same establishment of the company, without prejudice to its category and seniority, except where provided for in articles 389.º and 390.º. 2-in the case of mere irregularity founded in deficiency of procedure that does not determine the unlawfulness of dismissal if they are declared from the supporting reasons invoked for the dismissal, the employee is only entitled to compensation corresponding to half the value that would result from the application of paragraph 1 of article 3 389.º-serious infraction Constitutes the violation of the provisions of paragraph 1. Article 388.º Compensation in the event of unlawful dismissal 1-without prejudice to the compensation referred to in (a)) of paragraph 1 of the preceding article, the employee is entitled to receive the compensation that leave to obtain since the dismissal until the final transit of the decision of the Court declaring the unlawfulness of dismissal. 2-The compensation referred to in the preceding paragraph there shall be deducted: a) The amount that the employee receives with the termination of the contract and that wouldn't get if not for the dismissal; b) retribution on the period that has elapsed since the dismissals until 30 days before the filing of the action, if this is not proposed in the 30 days following the dismissal; c) the unemployment insurance assigned to the employee in the period referred to in paragraph 1, and the employer to deliver that amount to social security.


Article 285 389.º Compensation in lieu of reinstatement at the request of the worker 1-instead of reinstatement, the employee can opt for compensation, until the end of the discussion on the end of trial, and the court determine the amount, between 15:45 days of retribution base and diuturnidades for each year or fraction of antiquity, in view of the value of the consideration and the degree of wrongfulness arising out of the Ordinance set out in article 380.º. 2-for the purposes of the preceding paragraph, the Court shall take into account the time elapsed since the dismissal until the final transit of the judgment. 3-the compensation referred to in paragraph 1 may not be less than three months of basic consideration and diuturnidades. Article 390.º Compensation in lieu of reinstatement at the request of the employer 1-in the case of a microenterprise or worker to take administrative or management position, the employer may apply to the Court to exclude the reintegration, based on facts and circumstances which make the return of the worker severely damaging and disturbing the operation of the company. 2-the provisions of the preceding paragraph shall not apply if the unlawfulness of dismissal if found in political, ideological reason, ethnic or religious, albeit with different motif invocation, or when the opposition to reinstatement is guiltily created by the employer. 3-If the Court excludes the reintegration, the worker is entitled to compensation determined by the Court between 30 and 60 days of base remuneration and diuturnidades for each year or fraction of antiquity, under the terms established in paragraphs 1 and 2 of the previous article, but may not be less than the amount corresponding to six months of basic consideration and diuturnidades. 286 SUBSECTION III Dismissal by the employer in case of fixed term contract Article 391.º special rules concerning fixed-term employment contract 1-General rules for termination of employment applies to fixed-term employment contract, with the changes listed in the following paragraph. 2-Being dismissal declared unlawful, the employer is convicted: a) On payment of compensation for damage of assets and no assets, which shall not be less than the compensation which the employee no longer paid since the dismissal to the right term or uncertain of the contract, or until the transit of the judgment has become final, if that term occurs later; b) If the term occurs after the transit of the judgment has become final, the reintegration of the worker, without prejudice to its category and seniority. 3 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Section V termination of the employment contract by the employee SUBSECTION (I) resolution of the employment contract by the employee 392.º Article just cause 1 resolution-Occurring just cause, the worker may terminate the contract immediately. 2-Constitute just cause for termination of the contract by the worker, in particular, the following behaviors of the employer: the) lack of timely fault of retribution; 287 b) wrongful Violation of legal guarantees or conventional worker; c) sanctioning abusive Application; d) Lack of fault safety and health at work; and wrongful Injury of equity interests) serious. f) Offence to physical or moral integrity, freedom, honour or dignity of the worker, punishable by law, practiced by the employer or his representative; 3-are just cause for termination of the contract by the employee: a) need to comply with a legal obligation incompatible with the continuation of the contract; b) substantial change in working conditions and lasting in the lawful exercise of powers of the employer; c) Lack without fault of prompt payment of the consideration. 4-the cause is assessed in accordance with paragraph 3 of article 350.º, with any necessary adaptations. 5-fault the lack of prompt payment of the consideration that extending period of 60 days, or when the employer, at the request of the worker, declare in writing the prediction of non-payment of the consideration, by the end of that term. Article 393.º procedure for resolution of contract by the worker 1-the worker must notify the termination of the contract to the employer, in writing, with a brief statement of the facts which justify, in the 30 days following the knowledge of the facts. 2-in the case referred to in paragraph 5 of the preceding article, the time limit for resolution is counted as the end of the period of 60 days or the Declaration of the employer. 288 3-If the Foundation of resolution is referred to in point (a)) of paragraph 3 of the preceding article, the communication must be made as soon as possible. 4-the employer may require that the signature of the worker in the notarial Declaration of resolution has recognition and attendance in this case, mediate a period not exceeding 60 days from the date of recognition and the termination of employment. Article 394 compensation due to workers 1 – in case of termination of the contract pursuant to that laid down in paragraph 2 of article 392.º, the worker is entitled to compensation, to be determined between 15:45 days of retribution and diuturnidades base for each full year of seniority, in view of the value of the consideration and the degree of the unlawfulness of the conduct of the employer and may not be less than three months of basic consideration and diuturnidades. 2-in the case of fraction of year of seniority, the amount is calculated proportionally. 3 – the amount can be higher than that which would result from the application of paragraph 1 whenever the worker suffer and not assets of patrimonial damages amount higher. 4-in the case of fixed-term contract, the compensation may not be less than the value of the future payments. Article 395.º of resolution 1 Revocation – the employee can revoke the resolution of the contract, if your signature of this constant is not subject to notarial recognition attendance until the seventh day following the date on which the employer's coming into power, by written communication addressed to this. 2 – is applicable to repeal the provisions of paragraphs 2 or 3 of article 349.º. 289 Article challenging the resolution 396.º 1-the unlawfulness of the termination of the contract can be declared by judicial court action brought by the employer. 2-the action must be brought within one year from the date of the resolution. 3-In action is appreciated the unlawfulness of the resolution, only to justify the cogent facts contained in the notification referred to in paragraph 1 of article 393.º. 4-in the case of the resolution have been challenged based on objections to the procedure laid down in paragraph 1 of article 393.º, the worker can fix the addiction until the expiry of the time limit to contest, but you can only use this option once. Article 397.º the responsibility of the worker in case of unlawful resolution not proving just cause for termination of the contract, the employer is entitled to compensation of the damage caused, not less than the amount calculated in accordance with article 399 SUBSECTION II Termination of an employment contract by the worker Article 398 Complaint with notice 1-the worker may terminate the agreement irrespective of cause through communication to the employer, in writing, at least 30 or 60 days, as have, respectively, up to two years or more than two years seniority.

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2-the instrument of collective labour regulation and employment may increase the period of notice for up to six months, for the worker to take charge of administration or management, or with functions of representation or responsibility. 3-in the case of fixed-term employment contract, the complaint may be made with the minimum antecedence of 30 or 15 days, depending on the duration of the contract is at least six months or less. 4-in the case of fixed-term uncertainty, for the purpose of the notice referred to in the preceding paragraph, if the duration of the contract already elapsed. 5 – applies to the complaint the provisions of paragraph 4 of article 393.º. Article 399 Termination without notice the worker fails to comply with all or part of the period of notice set out in the preceding article shall pay the employer an indemnity equal to the remuneration corresponding to the period diuturnidades and base, without prejudice to compensation for damage caused by non-observance of the period of notice or obligation assumed in Pact for permanence. Article 400th withdrawal of complaint 1 – the employee can revoke the termination of the contract, if your signature of this constant has no notarial recognition until the face-to-face seventh day following the date on which the same coming into power of the employer, by written communication addressed to this. 2 – is applicable to repeal the provisions of paragraphs 2 or 3 of article 291 Article 349.º 401.º abandonment of work 1 – is considered abandonment of the work the service worker accompanied by facts which, in all likelihood, reveal the intention not to resume. 2-it is assumed the abandonment of work in case of absence of service worker for at least 10 working days in a row, unless the employer is informed of the reason for the absence. 3-the abandonment of the work's worth as a termination of the contract, and may only be invoked by the employer following the communication to the employee of the facts constituting the abandonment or the presumption thereof, by registered letter with acknowledgement of receipt to the last known address of this. 4-the presumption established in paragraph 2 can be rebutted by the employee upon proof of the occurrence of force majeure preventing communication to the employer of the cause of absence. 5-In case of abandonment of the work, the employee shall indemnify the employer pursuant to rule 399. TITLE III SUBTITLE I collective Law Subject chapter I collective workers ' representation structures section I General provisions on collective representation structures of workers Article 402.º collective workers ' representation structures For collective defense and pursuit of their rights and interests, can workers be: 292 the) unions; (b) workers ' committees and subcommittees) of workers; c) workers ' representatives for safety and health at work; d) other structures provided for in specific law, namely European works councils. Article 403.º 1 autonomy and independence-The collective representation of workers structures are independent of the State, political parties, religious institutions or associations of a different nature, being prohibited any interference in its organization and management, as well as their reciprocal financing. 2-subject to the forms of assistance provided for in this code, employers may not, either individually or through their associations, to promote the establishment, maintenance or finance the operation, by any means, of collective representation structures of workers or, in any case, intervene in its organization and management, as well as prevent or hinder the exercise of their rights. 3-the State can support the structures of collective representation of workers in accordance with the law. 4-the State cannot discriminate against the structures of collective representation of workers in relation to any other entities. 5-Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 2. Article 404.º ban on discriminatory acts 1-is prohibited and void the deal or other act aimed at: 293 a) Make the employment of a worker conditional on this to join or not to join a trade union or association to withdraw from is registered; b) Fire, transfer or in any way, undermine worker due to the exercise of the rights relating to participation in structures of collective representation or their membership or non-membership. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Crime under article for violation of autonomy or independence Trade Union, or by discrimination 1-the entity who violates the provisions of paragraphs 1 or 2 of article 403.º or in the previous article is punished with a fine penalty up to 120 days. 2-the administrator, director, Manager or other employee to take place of command that is responsible for Act referred to in the preceding paragraph shall be punished with imprisonment up to one year. 3-Lose the specific rights assigned by this code the leader or Union Rep to be sentenced in accordance with the preceding paragraph. Article 406.º of Credit hours of employees 1-credit-hour Benefit, under the terms established in this code or in specific legislation, workers elected to the structures of collective representation of workers. 2-credit hours is referred to the normal working period and count as actual service time, including for the purpose of retribution. 3-whenever you want to use the credit hours, the employee must inform the employer, in writing, at least two days, except reason of consideration. 4 – Constitutes a serious infraction the breach of the provisions of paragraph 1. 294 Article 407 Absences of employees 1-lack of worker by reason of the performance of functions in structure of collective representation of workers that is a member, which exceeds the credit hours, it is considered justified and counts as service time, except for the purpose of retribution. 2-the absence of trade union delegate motivated for necessary and unavoidable acts in the exercise of the corresponding is considered justified, in accordance with the preceding paragraph. 3 – the employee or the structure of legal representation that integrates communicates to the employer in writing of the dates and the number of days that requires leave to perform his duties, a day in advance or, in the case of unpredictability, in the 48 hours after the first day of absence. 4-non-compliance with the preceding paragraph makes the lack. 5-Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 408.º of disciplinary measures or dismissal 1-the preventive suspension of employee member of collective representation structure does not prevent the same have access to places and exercise activities that comprise the performance of corresponding functions. 2-pending lawsuit for clearance of disciplinary responsibility civil or criminal on the grounds of abusive exercise of rights as a member of the collective representation of workers, applies to the employee referred to the preceding paragraph. 3-the dismissal of employee candidate for Member of any of the bodies of social Union or association engaged or there is exercised functions on the same social bodies for less than three years presumably done without just cause. 295 4-the restraining order of dismissal suspension structure member worker of collective representation of workers not only is enacted should the Court conclude the existence of serious probability for verifying the cause relied upon. 5-the assessment of the lawfulness of dismissal of the worker referred to in the preceding paragraph has urgent nature. 6-In case of unlawful dismissal due to the fault of the worker member of collective representation, this structure has the right to choose between reinstatement and compensation calculated in accordance with paragraph 3 of article 390.º or in collective labour regulation instrument, not lower than the base retribution and diuturnidades corresponding to six months. Article 409.º of 1-transfer the worker member of collective representation of workers cannot be transferred from workplace without their agreement, except where such a result of extinction or total or partial change of the establishment where serving. 2-the employer shall inform the employee referred to in the preceding paragraph to the structure that it belongs, with advance equal to that of the communication made to the worker. 3 – Constitutes a serious infraction violation of provisions of this article. Article 410.º confidential information 1-the Member of the collective representation of workers cannot reveal to employees or to third parties information received in the context of right to information or query, with mention of confidentiality. 2-the duty of confidentiality remains after the expiry of the mandate of a member of the collective representation of workers. 296


3-the employer is not obliged to provide information or to consult which is likely to impair or seriously affect the functioning of the undertaking or establishment. 4 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 411.º justification and judicial review concerning confidentiality of information 1-the information as confidential, not to provide information or non-realization of query should be substantiated in writing, on the basis of objective criteria, based on management requirements. 2-the classification as confidential of information provided, the refusal to provide information or performing query can be challenged by the collective representation of the employees concerned, under the conditions laid down in the code of labour procedure. 412º exercise of Rights article 1 – the Member of the collective representation of workers may not, through the exercise of its rights or the performance of their duties, harm the normal operation of the company. 2-the abusive exercise of rights on the part of a member of the collective representation of workers liable to disciplinary responsibility earlier, civil or criminal, in general terms.

297 SECTION II workers committees SUBSECTION I General provisions on commissions of workers Article 413.º general principles concerning commissions, subcommittees and committees coordinators 1-workers are entitled to create, in each company, a Committee of workers to defend their interests and exercise of the rights provided for in the Constitution and in the law. 2 – can be created subcommittees of workers in the company's geographically dispersed settlements. 3-any worker of the company, regardless of age or position, have the right to participate in the Constitution of the structures provided for in the preceding paragraphs and in the adoption of the statutes, as well as the right to elect and be elected. 4-coordinating committees can be created for better intervention in economic restructuring, to joint committees activities of workers established in the enterprise or domain group as well as for the exercise of other rights provided by law and this code. Article 414.º Committee of workers Personality and 1 Coordinating Committee-the Committee of workers and the Coordinating Committee acquire legal personality by registering its statutes by the competent service of the Ministry responsible for labour area. 2-the ability of the Commission and the Coordinating Committee comprises all rights and obligations necessary or convenient for the attainment of its purposes. 298 Article 415 number of Commission members, Coordinating Committee or Subcommittee 1. The number of members of Commission of workers shall not exceed the following: a) In company with less than 50 employees, two; b) In company with 50 or more workers and less than 200, three; c) In company with 201 to 500 workers, three to five; d) In company with 501 to 1000 workers, five to seven; and) In company with more than 1000 employees, seven to 11. 2-the number of workers Subcommittee members shall not exceed the following: a) In settlement with 50 to 200 workers, three; b) In settlement with more than 200 workers, five. 3-In establishment with less than 50 workers, the function of the Subcommittee of workers is ensured by a single member. 4. The number of members of the Coordinating Committee shall not exceed the number of the committees of workers the same coordinates, or the maximum of 11 members. Article 416.º term of Office the term of Office of members of the Commission, Coordinating Committee or Subcommittee of workers may not exceed four years, being allowed successive mandates.

299 Article 417.º Meeting of workers at the workplace for workers Commission called 1-the Commission may convene general meetings of workers workers to perform in the workplace: a) outside working hours of the majority of workers, without prejudice to the normal functioning of shifts or additional work; b) during working hours of the majority of workers up to a maximum of 15 hours per year, which counts as service time effective, provided that it is ensured the operation of urgent and essential services. 2 – the employer against meeting of workers at the workplace commits against-serious. Article 418.º procedure for meeting of workers at work 1 – the Commission must inform the workers ' employer, at least 48 hours, the date, time, number of estimated participants and location where you want the meeting of workers is carried out and affix its convocation. 2-in the case of meeting to be held during working hours, the workers must submit a proposal aimed at ensuring the functioning of urgent and essential services. 3-after receiving the communication referred to in paragraph 1 and, where appropriate, the proposal referred to in the preceding paragraph, the employer shall make available to the Prosecutor entity a location within the company or in its proximity suitable to carry out the meeting, taking into account the elements of the communication and the proposal, as well as the need to respect the provisions of the final part of subparagraph (a)) or b) of paragraph 1 of the preceding article. 4-Is very serious infraction the breach of the provisions of the preceding paragraph. 300 Article 419.º Commission of support workers and dissemination of information 1-the employer must put at the disposal of the Commission or Subcommittee of workers appropriate facilities, as well as material and technical means necessary for the performance of their duties. 2 – the Commission and Sub-Commission of workers article 463.º, with any necessary adaptations. 3 – Constitutes a serious infraction violation of provisions of this article. Article 420 of Credit hours of members of the committees 1-For the performance of their duties, the Member of the following structures are entitled to the following monthly credit hours: a) Subcommittee on workforce, 8 hours; b) Commission, 25 hours; c) Coordinating Committee, 20 hours. 2-In micro-enterprise, the credits hours referred to in the preceding paragraph are reduced to half. 3-In company with more than 1000 employees, the workers may decide unanimously to redistribute its members a total amount corresponding to the sum of the credits hours of them all, with the individual limit of 40 hours per month. 4-a worker who is a member of more than one of the structures referred to in paragraph 1 may not accumulate the corresponding credits.


301 5-In corporate business in the State with more than 1000 employees, the workers can decide unanimously that a member has to credit hours corresponding to half its normal period of work, not being applicable in this case the provisions of paragraph 3. 6 – Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2, 3 or 5. SUBSECTION II 421.º Article information and consultation rights of the Commission and of the Sub-Commission on the 1 – the Commission workers workers are entitled, inter alia, to: a) receive information necessary for the exercise of their activity; b) Exercise control over the management of the company; c) Participate, among others, in the process of restructuring of the company, in the preparation of plans and reports of professional training and procedures for change of working conditions; d) participate in the drafting of labour legislation, either directly or through their respective coordinating committees; e) Manage or participate in the management of social works of the company; f) to promote the election of workers ' representatives to the governing bodies of public business entities; g) Meet at least once a month, with the company's management body for consideration of matters related to the exercise of their rights. 2-the task of the Subcommittee, in accordance with General guidance set by the Commission: the 302) Exercise, upon delegation by the Commission of workers, the rights provided for in (a)), b), c) and (e)) of the preceding paragraph; b) inform the Commission of workers on the matters of interest to the activity of this; c) liasing between the respective establishment workers and the workers; d) meet with the management of the establishment, pursuant to subparagraph (g)) of the preceding paragraph. 3 – the Board of Directors of the company or establishment, as the case may be, shall draw up the minutes of the meeting referred to in paragraphs 1 or 2, which must be signed by all participants. 4 – Constitutes a serious infraction violation of subparagraphs (a) and) or g) of paragraph 1, in paragraph (d)) of paragraph 2 or in paragraph 1. Article 422.º Content of the right to information 1-the workers ' Committee is entitled to information on: the General Plans and activity) budget; b) Organization of production and its implications in the use of workers and equipment; c) Situation of supply; d) Forecast, volume and sales administration; and) management staff and establishment of its basic criteria, amount of the wage bill and their distribution by professional groups, social benefits, productivity and absenteeism; f) countable Situation, comprising the balance sheet, the profit and loss account and balance sheets; 303 g) funding arrangements; fiscal and parafiscal Charges); I) draft amendment of the object, of the share capital or conversion of the company's activity. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. Article 423.º Obligation of consulting the Commission of workers the employer should request the opinion of the Committee of workers before practicing the following acts, without prejudice to any other law: a) modification of the classification criteria of promotions and professional workers; (b)) change of place of business of the undertaking or establishment; c) any measure that results or may result, substantially, the number of workers, worsening working conditions or changes in work organisation; d) dissolution or application for a declaration of insolvency of the company. SUBSECTION III management control of the company Article 424º purpose and content management 1 control-the control of management aims to promote the responsible commitment of workers in the company's activity. 2-in exercising management control, the workers can: 304 a) Enjoy and formulate an opinion on the budget of the company and its amendments, as well as monitor their implementation; (b) proper use of) promote technical, human and financial resources; c) Promote, with the management and employees, measures which contribute to the improvement of the company's activity, in particular in the fields of equipment and of administrative simplification; d) submit to the company suggestions, recommendations or criticisms for initial qualification and continuous training of workers, improving working conditions including occupational safety and health; and Defend with organs) management and supervision of the company and of the competent authorities the legitimate interests of workers. 3-the management control does not cover: a) the Bank of Portugal; b) the Imprensa Nacional-Casa da Moeda, s. a.; c) manufacturing Establishments and military military or other research activities of interest to national defence; d) activities involving powers of organs of sovereignty, regional assemblies or regional governments. 4 – Constitutes a serious infraction the offside by the employer to the exercise of the rights provided for in the preceding paragraph.

305 Article 425.º exercise of the right to information and consultation 1-the Committee of workers or the Sub-Committee requests in writing to the Board of Directors of the company or establishment the information relating to matters covered by the right to information. 2-the information is provided in writing within eight days, or 15 days if your complexity warrants. 3-the preceding paragraphs shall not affect the right of the Commission or the Subcommission of workers receive information in a meeting as referred to in subparagraph (g)) of paragraph 1 or subparagraph (d)) of paragraph 3 of article 421.º. 4-in the case of consultation, the employer requests in writing the opinion of the Committee of workers, which must be issued within 10 days of receipt of the application, or in a period which is granted in view of the extent or complexity of the matter. 5-If the Commission workers ask pertinent information about the query, the time limit referred to in the preceding paragraph is counted as the information is given in writing or in a meeting where this occurs. 6-the obligation to consult is considered fulfilled after the period referred to in paragraph 4 without the opinion has been issued. 7-When decision is concerned by the employer in the exercise of powers of direction and organization arising from the contract of employment, the information and consultation procedure should be conducted by both parties towards achieving, where possible, consensus. 8-Constitutes a serious infraction the breach of the provisions of paragraph 2 or in the first part of paragraph 4.


Article 306 426.º workers ' representatives in public 1 business entity bodies – the Committee of workers of public business entity promotes the election of workers ' representatives to the governing bodies of the same, applying the provisions of this Code with regard to the electoral roll, polling stations, voting and tabulation of results. 2-the Commission must inform the workers Ministry responsible for the sector of activity of public business entity the election result referred to in the preceding paragraph. 3-the governing body concerned and the number of representatives of employees are regulated in the statutes of the public business entity. SUBSECTION (IV) Participation in the process of restructuring of the company Article 427.º exercise of the right of participation in restructuring processes 1-the right to participate in the restructuring processes of the company is exercised by the Commission, or by the Coordinating Committee in case of restructuring most companies whose commissions this coordinates. 2-within the framework of participation in the restructuring of the company, the workers or the Coordinating Committee is entitled to: a) prior information and consultation on the formulation of plans or projects of restructuring; b) information on the final formulation of restructuring and expressing their views before they are approved; c) meet with the organs in charge of preparatory work of restructuring; 307 d) Submit suggestions, complaints or criticisms to the competent organs of the company. 3 – Constitutes a serious infraction the offside by the employer to the exercise of the rights provided for in the preceding paragraph. SUBSECTION V Constitution, statutes and election Article 428.º Constitution and bylaws of Commission approval of workers 1 – the Constitution and bylaws of Commission approval of workers are discussed simultaneously by employees of the company, with separate votes, depending on the validity of the Constitution of the validity of the approval of the Statute. 2-the decision to establish the Commission of workers should be taken by a simple majority of the voters, being enough for the approval of the Statute the decision by relative majority. 3-the vote is convened at least 15 days for at least 100 or 20% of the employees of the company, with extensive advertising and express mention of date, time, location and agenda to be posted simultaneously copy of the summons to the employer. 4 – the regulation of voting shall be drawn up by the workers that call and advertised simultaneously with the notice of meeting. 5-The draft statutes voted are proposed by at least 100 or 20% of the employees of the company and should be in this advertised at least 10 days. 6-the preceding paragraphs shall apply to amendments of statutes mutatis mutandis.

Article 308 429.º vote on the Constitution and bylaws of Commission approval of workers 1. The identity of the employees of the company at the date of convening the vote must appear on electoral roll consisting of list drawn up by the employer, broken down, where appropriate, by establishment. 2. The employer the electoral roll delivery workers called the Assembly, within 48 hours after receipt of a copy of the summons by these to your immediate posting on company premises. 3. The vote takes place according to the following rules: a) In every establishment with a minimum of 10 workers there must be at least one polling station; b) Each polling station cannot have more than 500 voters; c) the polling station runs the vote and is composed of a President and two members who are, for this purpose, dismissed their provision of work. 4 Each group of workers proponent of a draft statute can designate a representative at each table, to monitor the vote. 5 voting urns are placed in the workplace, so that all workers can vote, without affecting the normal functioning of the undertaking or establishment. 6 voting begins, at least 30 minutes before the start and ends at least 60 minutes after the expiry of the period of operation of the company or establishment, and the workers have the time necessary to vote during their working hours.

309 7 voting must, as far as possible, take place simultaneously in all the polling stations. 8 Is very serious infraction the breach of the provisions of paragraphs 1 or 2, in paragraph (a)) of article 3, paragraph 5, or the first part of paragraph 6, and constitutes a serious infraction violation of provisions of final part of subparagraph (c)) of paragraph 3 or at the end of paragraph 6. Article 430.º procedure for discharge of the result 1. The opening of the ballot boxes to vote for its clearance must be simultaneously in all the polling stations, even though the vote has elapsed at different times. 2. the members of the polling showed the way in which the vote took place on record that, after read and approved, initial and sign the final. 3. The identity of the voters must be registered in proper document, with terms of opening and closing, signed and countersigned by the members of the Bureau, which is part of the minutes. 4. The establishment of the global Commission's Constitution and the adoption of the Statute is made by the Election Commission, tilling its minutes, in accordance with paragraph 2. 5. The Electoral Commission referred to in the preceding paragraph is made up of a representative of the proponents of draft statutes and an equal number of representatives of employees who convened the constituent Assembly. 6. The Electoral Commission within 15 days from the date of discharge, communicates the result of the vote to the employer and post it, as well as a copy of its minutes in the place in which the vote took place.

310 7. Constitutes an administrative offence record employer opposition to the display of the result of the vote, in accordance with the preceding paragraph. Article 431.º General requirements of the Commission and election subcommittees 1 workers-the members of the Committee and the subcommittees of workers are elected from among the lists submitted by the employees of the company or establishment, by direct and secret ballot, in accordance with the principle of proportional representation. 2-the election is called with the advance of 15 days, or a period exceeding established in the statutes, by the Electoral Commission established in accordance with the articles of association or, failing that, at least, 100 or 20% of the employees of the company, with extensive advertising and express mention of date, time, location and agenda to be posted simultaneously copy of the summons to the employer. 3-Only eligible lists subscribed by at least 100 or 20% of the employees of the company or, in the case of lists of subcommittees of workers, 10% of the employees of the establishment, and any employee to subscribe or be part of more than one competitor list to the same structure. 4-election of the members of the Committee and the subcommittees of workers takes place at the same time, apply the provisions of articles 429.º and 430.º, with the necessary adaptations. 5-in the absence of the Electoral Commission elected in accordance with the statutes, it is made up of one representative from each of the competing lists and an equal number of representatives of the workers who called the election.



311 Article 432.º of the Statute of the Commission Content of workers 1-Commission's statutes of workers shall provide: a) the composition, election, term of Office and operating rules of the Electoral Commission who presides over the election, which has the right to take part in a delegate designated by each competitor list; (b)) the number, duration of the mandate and rules for the election of members of the workers and the fill mode of vacancies; (c)) the functioning of the Commission, resolving issues draw of deliberations; d) the form of binding, which shall require the signature of the majority of its members, with a minimum of two signatures; and financing mode of) activities of the Commission, which shall in no case be ensured by an entity unrelated to all the employees of the company; f) the process of amending statutes; g) the articulation of Commission, if applicable, with subcommittees of workers or Coordinating Committee. 2-the statutes may provide for the existence of subcommittees of employees in geographically dispersed settlements.




Article 312 433.º Constitution and bylaws of Commission 1 Coordinator-The employees of the company will take decisions on the participation of the Committee of workers in the Constitution of the Coordinating Committee, at the Commission's initiative of workers or 100 or 10% of the employees of the company, by an affirmative vote in accordance with articles 429.º and 430.º, with the necessary adaptations. 2-the Coordinating Committee is formed with the approval of its statutes by the committees of workers that she intended to coordinate. 3-the statutes of the Coordinating Committee are subject to the provisions of paragraph 1 of article 432.º, mutatis mutandis, and in particular indicate the location of the headquarters. 4 – the members of the committees of workers that the Coordinating Committee intended to coordinate approving the statutes of this, by secret ballot, at a meeting convened with the advance of 15 days by at least two committees of workers. 5-the meeting referred to in the preceding paragraph should be drafted the minutes signed by all those in attendance and to which is attached the registration document of the voters. Article 434.º and revocation of membership the Commission Coordinator for membership or withdrawal from membership of a workers Committee Coordinating Committee shall apply the provisions of paragraph 1 of the preceding article. Article 435.º of Election Commission Coordinator 1-members of the committees of workers adhering to elect, from among themselves, the members of the Coordinating Committee, by direct and secret ballot and in accordance with the principle of proportional representation.

313 2-the election is called with the advance of 15 days, or a period exceeding established in the statutes, either on at least two committees of workers. 3-the election is done by lists subscribed by at least 20% of the members of the workers ' commissions, presented until five days before the vote. 4-should be prepared minutes of the Electoral Act, signed by all those in attendance, to which is attached the registration document of the voters. Article 436.º reports and publications relating to committees and subcommittees 1-the Election Commission requires the competent service of the Ministry responsible for the registration of the labour Constitution of Committee of workers and of the statute or of its amendments, joining the statutes or approved changes, as well as certified copies of the minutes of the global clearance and of polling, accompanied by the documents of registration of voters. 2-the Election Commission, within 10 days from the date of the establishment, requires the competent service of the Ministry responsible for labour registration area for the election of members of the workers and of subcommittees of workers, certified copies of the competing lists, as well as of the minutes of the global clearance and of polling, accompanied by the documents of registration of voters. 3-committees of workers who participated in the Constitution of the Coordinating Committee require to the competent service of the Ministry responsible for labour area, within 10 days, the registration: the Constitution of the Coordinating Committee) and of the statute or of its amendments, joining the statutes or approved changes, as well as certified copies of the minutes of the meeting at which the Commission was established and the registration document of the voters;

314 b) the election of the members of the Coordinating Committee, certified copies of the competing lists, as well as of the minutes of the meeting and the registration document of the voters. 4-the communications addressed to the service referred to in the preceding paragraphs must state the address of the structure in question, which must be kept up to date. 5 – The Statute of workers committees or Coordinating Committee are delivered in electronic document, under order of the Minister responsible for labour area. 6-in the 30 days following the receipt of the documents referred to in the preceding paragraphs, the competent service of the Ministry responsible for labour: the area) takes note of the establishment of the Commission of workers or the Coordinating Committee, as well as the Charter or its amendments; b) takes note of the election of the members of the Committee and subcommittees of workers or the Coordinating Committee; c) Publishes in the Bulletin of labour and Employment the Commission's statutes of workers or the Coordinating Committee, or its amendments; d) Publishes in the Bulletin of labour and Employment the composition of the Commission, of subcommittees of workers or the Coordinating Committee. 7-the Commission, the Sub-Commission or the Commission Coordinator can only commence its activities after the publication of the Statute and of its composition, in accordance with the preceding paragraph.

315 Article 437.º control of legality of the Constitution and the Statute of fees 1-in the eight days after the publication of the Commission's statutes of workers or the Coordinating Committee, or its amendments, the relevant Department of the Ministry responsible for labour area refers to the public prosecutor of the headquarters of the company, or of the Committee Coordinator , an assessment based on the legality of the Commission's Constitution and bylaws, or of its amendments, as well as a certified copy of the documents referred to in paragraph 1 or in paragraph 1 (a)) of 3 of the previous article. 2-shall apply, mutatis mutandis, the provisions of article 445.º. SECTION III Trade Union Associations and employers associations SUBSECTION I preliminary provisions article 438 right of Association 1-workers have the right to form trade union associations at all levels for the defence and promotion of their socio-professional interests. 2-employers have the right to form employers ' associations at all levels for the defence and promotion of their business interests. 3-The unions include trade unions, federations, confederations and unions. 4-cover associations of employers associations, federations, unions and confederations.

316 5-the statutes of associations, unions and confederations may allow the direct representation of workers not represented by unions, or employers represented by associations of employers. Article 439.º 1 subsidiary Regime-Union associations and employers associations are subject to the general regime of the right of Association in everything that does not contradict this code or the specific nature of their autonomy. 2-do not apply to unions and employers ' associations in the general scheme of the right of association which may determine unacceptable restrictions to their freedom of organization. Article 440.º concepts in the context of the right of Association 1-within trade unions: (a)), the Permanent Association of workers for the defence and promotion of their socio-professional interests; b) Federation, the Association of trade unions of workers in the same profession or in the same sector of activity; (c)), the Trade Union Association of regional basis; d) Confederation, the National Association of trade unions, federations and unions; and, the Trade Union Section) of an enterprise or establishment workers affiliated to the same syndicate; f) Union Rep, the employee elected to engage in trade union activity in the undertaking or establishment;

317 g) Trade Union Committee, the Organization of trade union delegates from the same syndicate in the undertaking or establishment; h) Commission, the Organization, the inter-parliamentary level of a company, the delegates of the committees of trade unions represented in Trade Union Confederation, which spans at least five Union delegates, or all trade union committees existing in it. 2-within the framework of associations of employers: (a)), the employers ' Association permanent natural or legal persons under private law, holders of a company, who have usually workers at your service; (b)), the Federation of associations of employers in the same branch of industry; c) Union, the Association of employers ' associations of regional basis; d) Confederation, the National Association of employers ' associations, federations and unions. Article 441.º rights of associations 1-Union associations and employers associations have, in particular, the right to: a) Celebrate collective agreements; b) Provide economic and social services to their members; c) participate in the drafting of labour legislation; d) Initiate and intervene in judicial and administrative procedures as the interests of its members, in accordance with the law;


318 e) establish or join national or international level, organizations of workers or of employers. 2-The unions have the right to participate in the restructuring of the company processes, especially with regard to training or when change occurs in working conditions. 3-employers ' associations may not engage in the production or marketing of goods or services or otherwise intervene in the market, without prejudice to the provisions of paragraph b) of paragraph 1. Article 442.º registration 1-Freedom in the exercise of freedom of Association, the employee has the right, without discrimination, to enroll in Union, in the area of its activity, represents the relevant category. 2-Can maintain the quality of associated with a worker who ceases to carry on its business, but do not pass the exercise another not represented by the same Union or don't miss the working subject. 3-the employer has the right, without discrimination, to enroll in the Association of employers which, in the area of its activity, can represent. 4-the business owner with no employees can enroll in association of employers, and could not, however, intervene in decisions relating to labour relations. 5-the worker or employer cannot be simultaneously, the title of the same profession or activity, trade unions or associations of different employers. 6-the worker or the employer may desfiliar-if at any time, by written notice at least 30 days. 319 SUBSECTION II Constitution and organization of associations Article 443.º Principles of self-regulation, organisation and democratic trade union associations management and employers ' associations are governed by statutes and regulations approved by them, freely and democratically elect the holders of social bodies among the members and democratically organized its management and activity. Article 444.º autonomy and independence from associations 1-exercise of position of trade union membership or direction of Association of employers is incompatible with the exercise of any Office of direction in political party, religious institution or other Association for which there is conflict of interest. 2-is applicable to associations of employers the provisions of paragraphs 1, 3, 4 or 5 of article 403.º. Article 445.º Constitution, registration and acquisition of personality 1-the Union Association or the Association of employers constitutes and approve their statutes by deliberation of the constituent Assembly, that may be Associates representatives Assembly, and acquires legal personality by the registration of those by the competent service of the Ministry responsible for labour area.

320 2-the application of the registration of Trade Union or Association of employers Association, signed by the Chairman of the constituent Assembly, must be accompanied by the statutes approved and certificate or certified copy of the minutes of the Assembly, having attached the attendance record sheets and respective terms of opening and closing. 3 – The Statute of Trade Union or employers ' Association Association are delivered in electronic document, under order of the Minister responsible for labour area. 4-the competent service of the Ministry responsible for labour area notes the Statute, after which: a) Publishes the articles in the Bulletin of labour and employment, 30 days after its receipt; b) refers to the public prosecutor at the Court of competent jurisdiction or certificate certified copy of the minutes of the constituent Assembly, the statutes and of the application for registration, accompanied by a reasoned judgement on the legality of the Constitution of the Association and of the Statute, in the eight days after the publication, without prejudice to the next paragraph. 5-If the statutes contain provisions contrary to law, the competent authority shall notify the Association in order to change the same, within 180 days. 6-if there is no change in the time limit referred to in the preceding paragraph, the competent authority shall in accordance with the provisions of paragraph b) of paragraph 4. 7-the Union Association or the Association of employers can only start the exercise of their activities after the publication of the statutes in the newsletter of labor and employment, or 30 days after registration.

321 8-If the Constitution or the statutes of the Association are desconformes with the law, the public prosecutor promotes, within 15 days of receipt, the judicial declaration of termination of the Association or, in the case of standard bylaws, nullity, whether the matter is regulated by mandatory law or if the same is not essential to the functioning of the Association. 9-in the situation referred to in the preceding paragraph, the competent service of the Ministry responsible for labour area, in case of extinction of the Association, following the procedure laid down in paragraph 2 of article 454.º or, in case of invalidity of standard bylaws, promotes the immediate publication of notice in the newsletter of labor and employment. Article 446.º Acquisition and loss of quality of the employers ' Association Association of entrepreneurs under the general regime of the right of association may acquire the status of employers ' Association, by the procedure laid down in the preceding article, if it satisfies the requirements provided for in this code, and may lose this quality by will of associates or judicial decision taken pursuant to paragraph 6 of the same article. Article 447.º 1 statutes amendment-Amendment of by-laws shall be subject to registration and the provisions of paragraphs 2 to 6 and 8 and 9 of article 445.º, with any necessary adaptations. 2-the changes referred to in the preceding paragraph only produce effects in relation to third parties after publication in the labor and employment Bulletin or, failing this, 30 days after registration.

322 article 448 of the Statute 1 Content-With the limits of the following articles, the articles of Association of trade union membership or Association of employers shall regulate: a) the name, the location of the headquarters, the subjective scope, purpose and geographic, the purposes and duration, when the Association does not constitute for indefinite period; b) the acquisition and loss of quality, as well as their rights and duties; (c)) the General principles with regard to disciplinary matters; d) The respective agencies, among which there must be a general meeting or a meeting of representatives of members, a collegiate body and a supervisory board, as well as the number of members and the functioning of those; and if provided for) an Assembly of representatives of members, the principles of their election, with a view to their representativeness f) the system of financial management, the budget and the accounts; g) the process of amendment of the statutes; h) extinction and subsequent liquidation of the Association, as well as the fate of their heritage. 2-the statutes of the Trade Union Association shall regulate the exercise of the right of trend. 3-the name should identify the subjective scope, objective and of the Association and cannot be confused with that of another existing association.

323 4-in the case of the statutes provide for the existence of an Assembly of representatives of members, in particular a conference or General Council, this shall exercise the rights provided for in the law to the general meeting. 5-In case of judicial or voluntary extinction of Trade Union or employers ' Association Association, its assets may not be distributed by the members, except when these are associations. Article – 449 principles of organization and democratic management 1-in accordance with the principles of the Organization and democratic management, the unions and the employers ' associations should govern, inter alia, in obedience to the following rules: a) all associated in the enjoyment of their rights has the right to participate in the activity of the Association, including the right to elect and be elected to the social bodies and be nominated for any Office associations , notwithstanding there may be requirements of age and time of registration; b) No Member may be represented by more than one elective organ; c) are provided equal opportunities to all the competing lists in elections for the social bodies and the electoral process be supervised by an Electoral Commission made up of the Chairman of the general meeting and by representatives from each of the competing lists; d) proponents have the lists and the programme of action, which should be widely disseminated, in particular for his posting in appropriate place in headquarters and delegations of the Association during the minimum term of eight days, so that all members would meet in advance;


324 e) the term of Office of the members of the Board may not have more than four years, being allowed to re-election for successive mandates; f) The social bodies may be removed by resolution of the general meeting and the statutes regulate the terms of dismissal and the management of the Association until the beginning of new bodies; g) the General Assembly shall meet in ordinary session at least once a year and shall be provided to all associated with the exercise of the right to vote, to which the statutes may provide for the holding of general meetings by regional areas or polling stations, or other systems compatible with the decisions to be taken; h) the general meeting must be convened with indication of date, hour, place and the agenda, and the summons be advertised by publication at least with minimum antecedence of three days in the newspaper of the headquarters of the Association or having not, in one of the newspapers most read there, or by written notice to all members, with the same advance; I) the convocation of the general meeting the Chairman of the Board, on its own initiative or at the request or direction of either 10% or 200 of the associates. 2-the statutes of Association of employers may assign more than one vote to certain associated according to the size of the company, up to a maximum of 10 times the number of votes associated with the lowest number of votes. Article 450.º disciplinary Regime 1-the disciplinary regime applicable to members must ensure the rights of defence of the associated and provide that the procedure is written and that the sanction of expulsion is only applied in cases of serious violation of fundamental duties.

325 2-the disciplinary regime of the Association of employers cannot contain regulations that interfere with the economic activity carried out by the members. Article 451.º the unseizability of goods 1-Are exempt from attachment the movable and immovable property of Trade Union or employers ' Association Association whose use is strictly necessary for their operation. 2-the provisions of the preceding paragraph shall not apply to goods still when you check the following conditions: a) the purchase, construction, reconstruction, alteration or improvement of goods is made by use of third-party financing, with collateral previously registered; b) financing by third parties and the conditions of purchase are subject to resolution of the statutorily competent body. Article 452.º publicising Board members 1-the Chairman of the general meeting must refer the identity of the members of the Directorate of trade union membership or Association of employers as well as a copy of the minutes of the Assembly which elected, to the competent service of the Ministry responsible for labour area within 10 days after the election, for immediate publication in the Bulletin of labor and employment. 2 – the identity of the members of the Board shall be delivered in electronic document, under order of the Minister responsible for labour area.

Article 326 453.º Endorsement to register the trade union association or Association of employers shall indicate the address of the registered office, as well as the updating, to the competent service of the Ministry responsible for employment area, which conducts its endorsement on their registration. Article 454.º and deregistration 1-judicial or voluntary extinction of trade union membership or Association of employers shall be communicated to the competent service of the Ministry responsible for labour: the area) by the Court, by copy of decision determine the extinction, which has become final; (b)) by the Chairman of the general meeting, upon birth certificate or certified copy of the minutes of the Assembly deciding the extinction, with attendance sheets and respective terms of opening and closing. 2-the service referred to in the preceding paragraph shall cancel the registration of the statutes of the Association and promotes the immediate publication of notice in the newsletter of labor and employment. 3-the service referred to in the preceding paragraphs refers to the public prosecutor at the Court of competent jurisdiction or certificate certified copy of the minutes of the Assembly deciding the extinction, accompanied by reasoned assessment on the legality of the decision, in the eight days after the publication of the notice. 4-in the case of the deliberation of revocation of the Association be unnatural with the law or the statutes, the public prosecutor promotes, within 15 days of receipt, the judicial declaration of nullity of the resolution.

327 5 – the Court communicates the judicial declaration of invalidity of the deliberation of revocation of the Association, which has become final, the service referred to in the preceding paragraphs, which revokes the cancellation and promotes immediate publication of notice in the newsletter of labor and employment. 6-the extinction of the Association or the revocation of the cancellation shall take effect from the date of publication of the respective notice. SUBSECTION III Trade Union Levy Article 455.º Trade Union and workers ' protection Levy 1-the employee cannot be required to pay dues to Trade Union Association in that is not registered. 2-the collection and delivery of trade union dues by the employer cannot imply for the worker discrimination, nor the payment of expenses not provided for in law or limit in any way your freedom to work. 3-the employer may proceed to the computerization of personal data of workers relating to trade union membership, since, by law, are exclusively used for collection and delivery of trade union quotas. 4-the Union Association cannot refuse the passage of essential document to the occupation of the worker that is within its competence, by reason of non-payment of dues.



Article 328 456.º collection of trade union dues 1-the employer must carry out the collection and delivery of trade union quotas when the collective labour regulation instrument applicable so provides and the worker, or authorised by agreement on application of the worker. 2-the collection and delivery of Union share implies that the employer deduct from the remuneration of the worker the value of quota and delivered to the respective trade union association, to the 15 day of the following month. 3-responsibility for expenses necessary to the delivery of the Union quota can be set by collective labour regulation instrument or agreement between employer and employee. 4-the worker must be formulated in writing and sign any of the declarations referred to in paragraph 1 and indicate the value of the Trade Union to deduct quota and the Trade Union Association to which it should be delivered. 5-the worker can do discontinues the charging and Union share delivery by the employer upon written and signed statement that will drive in this direction. 6-the worker must send copies of the declarations provided for in the preceding paragraphs to the Union Association. 7-the statement of authorisation of collection and delivery of Trade Union or share the Declaration of the employee on the termination of this procedure shall take effect from the month following its delivery to the employer. 8-the employer must decide the request of the worker referred to in paragraph 1 within 10 days and, in case of agreement, the effective date is established by the parties.

329 9-very serious infraction Constitutes refusal or lack of payment by the employer, the Trade Union, through share deduction on compensation of the worker that there is authorized or requested. Article 457.º Crime Union share retention the employer who retains and doesn't deliver the Gewerkschaftsbund Trade Union share charged is punished with the punishment provided for the offence of breach of trust. SUBSECTION IV trade union activity in the company Article 458.º entitled to trade union activity in the company workers and trade unions are entitled to develop trade union activity at the company, including through trade union delegates, trade union committees and commissions intersindicais. Article 459.º Meeting of workers at work 1-workers can meet at work, convened by a third, or 50 employees of the respective establishment, or by the Commission or inter-Union Trade Union: a) outside working hours of the majority of workers, without prejudice to the normal functioning of shifts or additional work; b) during working hours of the majority of workers up to a maximum of 15 hours per year, which counts as service time effective, provided that it is ensured the operation of urgent and essential services.


330 2 – is applicable to the meeting referred to in paragraph 1 the provisions of article 418.º, with any necessary adaptations. 3-the members of Directorate of unions representing workers who do not work in the company may participate in the meeting, upon communication of the promoters to the employer at least 6 hours. 4 – the employer against meeting of workers at the workplace or the Access Board member of Trade Union Association to company facilities where workers meeting takes place makes very serious infraction. Article 460.º Election, dismissal or termination of duties of local Union Rep 1-the Union Rep is elected and dismissed in accordance with the statutes of the respective trade union, by direct and secret vote. 2-Can constitute trade union in the undertaking or establishment commissions and commissions intersindicais in the company, in accordance with points (g)) and h) of paragraph 1 of article 440.º. 3-the direction of Union communicates in writing to the employer the identity of each Trade Union delegate, as well as those which are part of Union or inter-Union Commission, and promotes posting of communication in places reserved for Trade Union information. 4-the provisions of the preceding paragraph shall apply in the event of dismissal or termination of duties of trade union delegate. Article 461.º trade union delegates number 1-the maximum number of Union delegates benefiting from the system of protection provided in this code shall be determined as follows: a) In company with less than 50 workers unionized, a; b) In company with 50 to 99 workers unionized, two; 331 c) In company with 100 to 199 unionized workers, three; d) In company with 200 to 499 workers unionized, six; and) In company with 500 or more workers unionized, the number resulting from the following formula: 6 + [(n-500): 200] 2-for the purposes of point (e)) of the preceding paragraph, n is the number of unionized workers. 3-the result determined in accordance with subparagraph (e)) of the preceding paragraph is rounded to the next higher unit. Article 462.º entitled to facilities 1-the employer must put at the disposal of the trade union delegates that require an appropriate location for the performance of its functions, within the company or in its proximity, made available on a permanent basis in the undertaking or establishment with 150 or more employees. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. 463.º article Posting and distribution of information 1-the Union Rep Trade Union has the right to post, on company premises and in an appropriate place provided by the employer, meetings, communications, information or other texts for life Association and socio-professional interests of workers as well as to distribution, without prejudice to the normal operation of the company. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph.

464.º information and consultation Article 332 of Union Rep 1-the Union Rep has the right to information and consultation on the following matters, in addition to other referred to in law or in collective agreement: a) recent developments and likely future development of the activity of the undertaking or establishment and of the economic situation; b) Situation, structure and probable development of employment within the undertaking or establishment and possible preventive measures, in particular when providing for the decrease in the number of employees; c) Decision likely to trigger substantial changes in work organisation or in employment contracts. 2 – is applicable to the information and consultation of trade union delegates to the provisions of paragraphs 1, 2, 4, 5, 6 and 7 of article 425.º. 3-the provisions of this article shall not apply to micro-enterprise or small business. Article 465.º of hours of Credit Union Rep 1-the Union Rep is entitled, for the performance of their duties, to a credit of 5 hours per month, or 8 hours a month if part of the Inter-Union Commission. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph.



333 SUBSECTION V member of the direction of Trade Union Association credit hours 466.º Article and 1 direction Member absences-For the performance of their duties, the Member of Board of Trade Union Association is entitled to credit hours corresponding to four working days per month, and absences are justified, in accordance with the following paragraphs. 2-Notwithstanding the provisions of collective labour regulation instrument, in each company, the maximum number of Board members of the Trade Union Association of credit hours and absences are justified without limitation of number is determined as follows: a) In company with less than 50 workers unionized, a; b) In company with 50 to 99 workers unionized, two; c) In company with 100 to 199 unionized workers, three; d) In company with 200 to 499 workers unionized, four; and In company with the 500) 999 unionized workers, six; f) In company with 1000 to 1999 unionized workers, seven; g) In company with 2000 to 4999 unionized workers, eight; h) In company with 5000 to 9999 unionized workers, 10; I) In company with 10000 or more unionized workers, 12. 3-in the case of Member of Board of Federation, Union or Confederacy, the application of the formula referred to in the preceding paragraph takes into account the number of workers affiliated to associations that are part of this structure.

334 4-a worker who is a member of Board of more than one trade union association is not entitled to credit accumulation of hours. 5-The Steering members that exceed the maximum number calculated in accordance with the preceding paragraphs shall be entitled to justified absences up to 33 per year. 6-the Union Association shall inform the employer, until 15 January each year and in 15 days after any change in its composition, identity of the members to whom the provisions of paragraph 2. 7-the Union Association can assign credit hours to another Member of the same, as long as it does not exceed the overall amount awarded pursuant to paragraphs 1 and 2 and shall inform the employer of the change in the allocation of credit at least 15 days. 8-When the absence justified if actual or expected to prolong beyond a month, applies the system of suspension of the employment contract by fact that the worker, without prejudice to the provisions on collective labour regulation instrument for retribution of worker engaged in full-time Trade Union functions. 9-Is very serious infraction the breach of the provisions of paragraph 1. CHAPTER II Participation in the drafting of labour legislation Article 467.º notion of labour legislation 1-term labour legislation that regulates the rights and obligations of workers and employers as such, and their organizations. 2-there shall be regarded as labour legislation the diplomas that regulate, inter alia, the following matters: the 335) contract of employment; b) Collective Labour Law; c) safety and health at work; d) accidents at work and occupational diseases; e) vocational training; (f)) work process. 3-it is also considered the labour legislation for the ratification of conventions of the International Labour Organization. Article 468.º Precedence of discussion any project or proposed law, draft decree-law or draft or draft regional decree on labour legislation can only be discussed and voted by the Assembly of the Republic, by the Government of the Republic, by the regional assemblies or Regional Governments after the committees of workers or the respective committees coordinators, the unions and the employers ' associations have been able to comment on it. Article 469.º Participation of the Standing Committee of the Standing Committee of Social dialogue Social dialogue can make a statement on any project or proposal for legislation work, and may be convened by decision of the President upon request of any of its members.


Article 336 470.º Publication of projects and proposals 1-for the purposes of article 468.º, the projects and proposals are published in hard copies of the following publications: the Journal of the Assembly of the Republic), in the case of legislation to be approved by the Assembly of the Republic; b) Bulletin of labor and employment, in the case of legislation to be approved by the Government of the Republic; (c) Regional meetings, Journals) in the case of legislation to be approved by the regional assemblies; d) official journal, in the case of legislation to be approved by the Regional Government. 2-The reprints referred to in the preceding paragraph must contain: a) the full text of the proposals or projects, with their numbers; b) designating the synthetic proposal or draft; (c) the deadline for public assessment). 3-the Assembly of the Republic, the Government of the Republic, the Regional Assembly or the Regional Government does announce, through the media, the publication of the reprint and the designation of substances that are in the process of public appreciation. Article 471.º period of public assessment 1-the deadline for public assessment may not be less than 30 days. 2-the period may be reduced to 20 days, exceptionally and for reasons duly substantiated urgency in the Act which determines the publication.

Article 472.º 337 opinions and hearings of organizations representing 1-during the period of public appreciation, the entities referred to in article 468.º may give its opinion on the draft or proposal and requesting oral hearing of the Assembly of the Republic, the Government of the Republic, the Regional Council or Regional Government, in accordance with the rules of each of these organs. 2-the opinion of the comment must contain: the Identification of the project or proposal); (b) the Commission's Identification of workers), Coordinating Committee, trade union or employers ' Association Association pronounced; c) subjective scope, purpose and geographic or, in the case of workers Commission or Coordinating Committee, the sector of activity and geographical area of the company or companies; d) number of workers or of employers represented; and Date, whose signature) legally represents the entity or to all its members, and stamp of the same. Article 473.º result of public assessment 1-the positions of the entities themselves in opinions or hearings are taken into account by the legislator as elements of work. 2-the result of public appreciation appears in: a) Of Decree-Law preamble or of regional decree; b) annex a report opinion of Committee of the Assembly of the Republic or of the Regional Council. 338 SUBTITLE II collective labour regulation instruments chapter I General principles concerning collective labour regulation instruments section I General provisions on collective labour regulation instruments Article 474.º principle of more favourable treatment provisions of collective labour regulation instrument can only be removed by an employment contract when it establishes more favourable conditions for the worker. Article 475.º form of collective labour regulation instrument the instrument of collective labour regulation is in writing, on pain of nullity. Article 476.º Limits the content of collective labour regulation instrument 1-the collective labour regulation instrument cannot: the Counter legal standard imperative); (b) economic activities, including Regulatory) periods of operation, taxation, pricing and pursuit of the activity of temporary employment undertakings, including the contract of use; c) Confer retroactive effectiveness any clause that is not financial in nature. 339 2-the instrument of collective labour regulation may establish additional contractual arrangements give supplementary benefits insurance subsystem in part not covered by this, in accordance with the law. Article 477.º Examination concerning the equality and non-discrimination 1-within 30 days after the publication of collective labour regulation instrument of negotiations or arbitration award in binding arbitration process, the relevant Department of the Ministry responsible for labour shall reasoned assessment area of the legality of their provisions on equality and non-discrimination and , if any discriminatory provisions, send the assessment to the public prosecutor at the Court of competent jurisdiction. 2-for the purposes of the preceding paragraph, it is considered competent, in the order indicated below, the Court in whose area headquartered:) all unions and employers ' associations or companies celebrants of the collective agreement; b) as many of the entities referred to; c) Any of the entities referred to. 3-Case determines the existence of illegal provision on the matter in question, the public prosecutor promotes, within 15 days, the judicial declaration of the invalidity of those provisions. 4 – the Court decision declaring the invalidity of provision is referred by the Court to the competent service of the Ministry responsible for labour area, for the purpose of publication in the Bulletin of labor and employment.

478.º Advertising Article 340 of collective labour regulation instrument applicable 1-the employer must post in place of the company the indication of collective labour regulation instruments applicable. 2 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph. SECTION II Competition of collective labour regulation instruments Article 479.º Preference of collective labour regulation instrument vertical negotiating the collective labour regulation instrument of negotiating sectors reduces the application of instrument of the same type which is defined by profession or professions in relation to that industry. Article 480.º competition between collective labour regulation instruments negotiated 1-where there is competition between collective labour regulation instruments negotiated, the following criteria are observed: preference) the company get away from the application of the collective agreement or collective agreement; b) the collective agreement the application of the collective agreement. 2-in the other cases, the employees of the company in relation to which the competition choose the applicable instrument, by majority, within 30 days after the entry into force of the instrument most recent publishing, communicating the choice the employer interested and competent inspection service of the Ministry responsible for labour area. 3-in the absence of choice by the workers, shall apply: 341 to) the latest publishing tool; b) Being the competition instruments published on the same date, which regulate the main activity of the company. 4-the determination provided for in paragraph 2 is irrevocable until expiry of the instrument adopted. 5-The preference criteria provided for in paragraph 1 may be deprived by collective labour regulation instrument of negotiations, in particular by means of articulation between collective agreements clause of different level, inter alia, sectoral or company interconfederal agreement. Article 481.º competition between collective labour regulation instruments negotiating not 1-where there is competition between collective labour regulation instruments not negotiated, the following criteria are observed: preference) the binding arbitration decision deviates from the application of other instrument; b) extension Ordinance the application order of working conditions. 2-In case of competition between extension regulations applies as provided for in paragraphs 2 to 4 of the preceding article, regarding the extended collective agreements. Article 482.º competition between collective labour regulation instruments negotiated and not negotiated the entry into force of collective labour regulation instrument the negotiating scope, previous regulatory instrument, not collective bargaining.

342 CHAPTER II collective Convention collective bargaining section I Article 483 promotion of collective agreements the State should promote collective bargaining, so that collective agreements are applicable to a greater number of workers and employers. Article 484.º 1 Negotiating Proposal-the negotiation process begins with the submission of proposal to the other party of celebration or revision of a collective agreement. 2-the proposal should be of written form, be reasoned and contain the following elements: a description of the entities) subscribe in their own name or on behalf of others; b) Indication of the Convention that if you want to review, if any, and date of publication. Article 485.º response to proposal 1-the entity receiving the proposal must respond, in writing and substantiated, in the 30 days following receipt of that, unless there is a contractual term or longer term indicated by the applicant.


343 2 – in the case of a proposed revision of a collective agreement, the receiving entity may refuse to negotiate before six months elapse of term of the Convention and shall inform the applicant within 10 working days. 3-the answer to express a position on all the terms of the proposal, accepting, refusing or counter-proposing. 4-In case of failure to reply or counteroffer, within the time limit referred to in paragraph 1 and in accordance with paragraph 3, the applicant can apply for conciliation. 5-Constitutes a serious infraction the breach of the provisions of paragraphs 1 or 3. Article 485.º concerning Priority negotiation 1-the Parties shall, whenever possible, to assign priority to the negotiation of the consideration and the length and organisation of working time, with a view to adjusting the global increase of charges, as well as the safety and health at work. 2-the impracticality of initial agreement on the matters referred to in the preceding paragraph does not justify the breach of negotiation. Article 487.º good faith in negotiating 1-the Parties shall respect, in the collective bargaining process, the principle of good faith, in particular responding with as soon as possible the proposals and counterproposals, observing the negotiation protocol, if any, and be represented in meetings and contacts aimed at the prevention or resolution of conflicts. 2-the representatives of trade unions and employers ' associations must, in due course, make the necessary consultations with workers and employers interested and cannot, however, invoke such a need for the suspension or interruption of any acts. 344 3-each Party shall provide the other elements or information request, insofar as it does not harm the protection of his interests. 4 – cannot be denied in the course of collective agreement negotiation process, providing the reports and accounts of companies already published and the number of employees, by professional category, which are within the scope of the agreement to be concluded. 5-Commits an administrative offence record the Gewerkschaftsbund, the Association of employers or employer who is not represented at a meeting convened pursuant to paragraph 1. Article 488.º 1 Administration-technical support in the preparation of the negotiating proposal and their response as well as during the negotiations, the competent services of the ministries responsible for labour and area by area of activity provide the parties the necessary information at their disposal, these request. 2-the parties must submit proposals and responses, with the reasons therefor, to the Ministry responsible for labour area, in 15 days of their submission. SECTION II Conclusion and contents Article 1 celebrants entities representatives 489.º-the collective agreement is signed by the representatives of the celebrants. 2-for the purposes of the preceding paragraph, represented by: a) the members of the direction of trade union membership or Association of employers, with powers to hire; b) managers, administrators or directors with powers to hire; 345 c) in the case of corporate business of the State, the members of the Board of management or assimilated organ empowered to hire; d) people holding written mandate empowered to hire, conferred by trade union association or Association of employers, in accordance with their respective statutes, or by employer. 3-the Union Association can check other structure of collective representation of workers empowered to contract with a company with at least 500 employees. 4-the revocation of the mandate is only effective after communication to the other party, in writing and until the signing of the collective agreement. Article 490.º content of collective agreement 1. -The collective agreement must indicate: the Designation of entities) celebrants; b) name and quality involving representatives of entities celebrants; c) sector of activity, geographical and professional application, except in the case of review that do not alter the scope of the revised Convention; d) date of conclusion; and the revised Convention and date) of publication, if applicable; f) values expressed in base compensation for all professions and occupational categories, if they have been agreed; g) estimate of the numbers of employers and of workers covered by the Convention. 2. The collective agreement should regulate: 346 a) the relationships between the entities celebrants, particularly with regard to verification of compliance with the Convention and the means of resolving collective disputes arising from their application or review; b) vocational training actions, bearing in mind the needs of the employee and the employer; (c)) the conditions for provision of the work relating to safety and health; d) measures aimed at the effective implementation of the principle of equality and non-discrimination; and) Other rights and duties of workers and employers, including underlying consideration for all professions and occupational categories; f) procedures for resolution of disputes arising from contracts of employment, in particular through conciliation, mediation or arbitration; g) the definition of services necessary for the safety and maintenance of equipment and installations, minimum essential services to occur to the satisfaction of inescapable social needs, if the activity of the employers covered meets inescapable social needs, as well as the necessary means to ensure in case of strike; h) the effects of the Convention in the event of expiry, workers covered by that, pending the entry into force of another collective labour regulation instrument. 3-the collective agreement must provide for the Constitution and regulate the functioning of Joint Committee with competence to interpret and integrate their clauses. 4 – the collective agreement may provide that the worker, for the purposes of the choice provided for in article 495.º, pay an amount it established trade union associations involved, under the trading charges subsidy scheme.

347 Article 1 – Joint Committee 491.º the Joint Committee referred to in paragraph 3 of the preceding article is made up of an equal number of representatives of the celebrants. 2-the Joint Commission may act only as long as it's this half of the representatives of each party. 3-the decision taken unanimously is deposited and published under the same terms of the collective agreement and it is considered to all intents and purposes as integrating the Convention concerned. 4-the decision taken unanimously, once published, is applicable in the context of the Convention's extension Ordinance. SECTION III collective agreement Article deposit 492.º deposit Procedure of collective Convention collective Convention 1 is delivered, to deposit, to the competent service of the Ministry responsible for labour area. 2-the third partial revision of a Convention should be consecutive accompanied by consolidated text signed in the same terms, which, in case of divergence, prevails over the text to which it relates. 3-the Convention and the consolidated text are delivered in electronic document, under order of the Minister responsible for labour area. 4-the deposit depends on the Convention meet the following requirements: a) Be celebrated by anyone who has the capacity to that end; 348 b) Be accompanied by evidence of the representation titles of celebrants, under paragraph 2 of article 489.º, issued by who can bind the unions and employers ' associations or employers celebrants; c) comply with the provisions of paragraph 1 of article 490.º; d) Be accompanied by consolidated text, where appropriate; e) comply with the provisions of paragraph 3, as well as the consolidated text, as the case may be. 5-the application for deposit must be decided within 15 days of receipt of the Convention by the competent authority. 6-the reasoned refusal of the warehouse is immediately notified to the parties, being returned to a collective agreement, the consolidated text and the securities evidencing representation. 7-it is considered deposited the Convention whose application for deposit is not decided within the time limit referred to in paragraph 5. Article 493.º Convention change before the decision on deposit 1-While the application for deposit is not decided, the parties can by agreement, any formal or substantial amendment of the Convention to that effect. 2-the change referred to in the preceding paragraph interrupts the period of deposit.


349 SECTION IV Under collective agreement Article 494.º personal principle of affiliation 1-the collective agreement obliges the employer that supports or affiliated in association of employers celebrant as well as service workers who are members of Trade Union Association celebrant. 2-the Convention concluded by Union, Federation or Confederation requires employers and workers members, respectively, in associations of employers or trade unions represented by that organization when celebrate in their own name, in accordance with their respective statutes, or in accordance with the mandates referred to in paragraph 2 of article 489.º. 3-the Convention covers employees and employers affiliated associations celebrants at the beginning of the negotiating process, as well as those that they filiem for the duration of the same. 4-If the worker, the employer or the Association in any of them is registered if entity desfilie celebrant, the Convention continues to apply until the end of the term that the record or, not predicting term, for a year or, in any case, until the entry into force of the Convention review. Article 495.º applicable Convention choice 1-if applicable, within a company, one or more collective agreements or arbitration awards, the worker who is not affiliated to any Union Association can choose in writing which of those instruments it becomes applicable.

350 2-the implementation of the Convention pursuant to paragraph 1 shall cease if the worker is covered by another Convention concluded by Trade Union Association in which subsequently join. Article 496.º application of the Convention in the event of a transfer of the undertaking or establishment 1-In case of transmission, by any title, of the ownership of the company or establishment or part of the undertaking or establishment that constitutes an economic unit, the collective labour regulation instrument that binds the notifier shall apply to you until the expiry of their term or at least 12 months from the date of the transmission unless however other regulatory instrument of collective bargaining work pass apply to the purchaser. 2-the provisions of the preceding paragraph shall apply the transmission, transfer or reversal of the holding company, establishment or economic unit. Section V Scope of collective Convention Article 497.º temporal duration and renewal of collective Convention collective Convention 1 applies for the period which the record and is renewed in accordance with it. 2-the Convention, if not stipulated term, is in force for a period of one year and is renewed successively for the same period. Article 498.º report 1-collective agreement either party may terminate the collective agreement, by written communication addressed to the other party, accompanied by proposed comprehensive review.

351 2-not considered complaint merely proposed revision of Convention, not determining the application of the system of sobrevigência and expiry. Article Sobrevigência and 499.º expiry of a collective agreement 1-the Convention clause that do depend on the termination of this replacement by another instrument of collective labour regulation shall lapse after five years on the verification of one of the following facts: the Last publication of the Convention); b) denunciation of the Convention; c) submission of proposal for revision of the Convention, including the revision of the said clause. 2-After the expiry of the clause referred to in the preceding paragraph, or in the case of a Convention that does not set the renewal applies the following paragraphs. 3-going on the complaint, the Convention remains in sobrevigência scheme during the period to elapse the negotiation, conciliation, mediation or arbitration including voluntary, or at least 18 months. 4-after the period referred to in the preceding paragraph, the Convention shall remain in force for 60 days after either party notify the Ministry responsible for labour and to the other party that the negotiations ended without an agreement, after which it expires. 5 – in the absence of prior agreement on the effects of the Convention in case of revocation, the Minister responsible for labour area notifies the parties, within the period referred to in the preceding paragraph, for wanting to wake up these effects within 15 days.

352 6 – After the expiry and until the entry into force of Convention or arbitral award, the effects remain awake by the parties or, failing that, the ever produced by the Convention on contracts of employment in respect of remuneration of the worker, category and its definition, duration of working time and social protection schemes whose benefits are replacing the insured by general social security system or with replacement Protocol of the national health service. 7 – in addition to the effects referred to in the preceding paragraph, the employee benefits of other rights and guarantees arising out of labour legislation. 8 – the parties may agree, during the period of sobrevigência, the extension of the duration of the Convention for a specified period, with the deal subject to deposit and publication. 9-the agreement on the effects of the Convention in the event of expiry is subject to deposit and publication. Article 500th termination of collective agreement 1. The collective agreement may terminate:) by repealing by agreement of the parties; b) expiry, in accordance with the previous article. 2. the withdrawal shall apply the rules concerning the filing and publication of collective agreement. 3. The withdrawal shall be without prejudice to the rights resulting from the Convention, unless the same are expressly excepted by the parties. 4-the competent service of the Ministry responsible for labour area herewith publishes the newsletter of labor and employment of warning about the date of the termination of a collective agreement, in accordance with the previous article. 353 501.º succession of collective agreements Article 1-the collective agreement later revokes the previous Convention in full, except in the matters expressly subject to by the parties. 2-the mere succession of collective agreements cannot be relied upon to reduce the overall level of protection of workers. 3-the rights arising from the Convention can only be reduced by new text Convention listed in terms expressed, its globally more favorable. 4-in the case referred to in the preceding paragraph, the new Convention is without prejudice to the rights resulting from previous Convention, unless expressly excepted by the parties to the new Convention. CHAPTER III Article 502 membership agreement membership to collective agreement or arbitral award 1-the Union Association, the Association of employers or employer may join the collective agreement or arbitration award in force. 2-membership operates by agreement between the interested entity and that or those that contraporiam in the negotiation of the Convention, it had participated. 3-the accession cannot result from the content of the Convention or modification of the arbitration award, although intended to apply only in the context of the entity. 4-The agreement on the accession shall apply the rules concerning the filing and publication of collective agreement.

354 CHAPTER IV Arbitration section 1 common provisions on arbitration Article 503.º common provisions on arbitration of collective labour disputes 1-required content rules and collective agreement shall apply to the award, with the necessary adaptations. 2-the referees send the text of the arbitration decision to the parties and to the competent service of the Ministry responsible for labour area, for the purpose of filing and publication within five days following the decision. 3-the arbitration decision produces the effects of collective agreement. 4-the general scheme of voluntary arbitration is also applicable. SECTION II voluntary arbitration Article 504.º admissibility of voluntary arbitration at any time, the parties may agree to submit to arbitration the labour issues arising, in particular, of interpretation, integration, conclusion or revision of a collective agreement.


355 505.º functioning of voluntary arbitration Article 1-the voluntary arbitration is governed by agreement of the parties or, failing that, by the following paragraphs. 2-the arbitration is held by three arbitrators, two nominees, one by each party, and the third chosen by those. 3-the Parties inform the competent service of the Ministry responsible for labour from the beginning and the end of the procedure. 4-the referees may be assisted by experts and have the right to obtain from the parties, the Ministry responsible for labour and the Ministry responsible for the area of activity available information they need. 5-Is very serious infraction not appointment of referee in accordance with paragraph 2 and shall constitute administrative offense take the breach of the provisions of paragraph 3. SECTION III compulsory Arbitration Article 506.º admissibility of binding arbitration 1-the resulting conflict of collective Convention celebration can be settled by binding arbitration: a) in the case of first Convention, at the request of any party, provided that it has been protracted and fruitless negotiations, conciliation or mediation frustrated and it has not been possible to resolve the conflict through voluntary arbitration, because of bad faith negotiation of another part , heard the Permanent Committee of Social dialogue;

356 b) going on the recommendation in that sense of the Permanent Committee of Social dialogue, with a majority of members representatives of workers and employers; (c)) on the initiative of the Minister responsible for the labour area, heard the Permanent Committee of Social dialogue, when essential services are concerned to protect the life, health and safety of persons. 2-the provisions of paragraph 1 (b)) and c) of the preceding paragraph shall apply in case of revision of a collective agreement. Article 507.º Determination of binding arbitration 1-binding arbitration can be determined by reasoned order of the Minister responsible for labour, taking into account: the area) to the number of workers and employers affected by the conflict; b) relevance of social protection of the workers concerned; c) social and economic effects of the conflict; d) to the position of the parties as to the subject of arbitration. 2-the Minister responsible for labour must hear the parties or, in the case of point (a)) of paragraph 1 of the preceding article, the requested counterpart, as well as the regulatory authority and supervision of the sector of activity concerned. 3-the audience of the regulatory authority and supervision must be carried out by the Standing Committee of Social dialogue prior to the recommendation referred to in paragraph b) of paragraph 1 of the preceding article, in the event of a conflict between parties represented by associations of workers and employers with seat in the Commission, if they so request.

357 4-the order that determines the binding arbitration is immediately notified to the parties and to the Secretary-General of the Economic and Social Council. 5-the code of administrative procedure is applicable in the alternative. Article 508.º regulation of binding arbitration the binding arbitration, in which is not regulated in this section consists of specific law. SECTION IV Arbitration required Article 509.º admissibility of arbitration required If, after the expiry of one or more collective agreements applicable to a company, group of companies or sector of activity, is not celebrated new Convention in 12 months, and there is no other Convention applicable to at least 50% of the employees of the same company, group of companies or sector of activity , can be determined an arbitration required. 510.º Determination of arbitration article 1 required-the arbitration required can be determined by reasoned order of the Minister responsible for labour area, upon request of either party in the 12 months following the end of the period referred to in the previous article. 2-The order referred to in the preceding paragraph shall apply paragraphs 4 and 5 of article 507.º.

358 3 – the subject of arbitration is defined by the parties or, if they do not, by the arbitrators, taking into account the circumstances and the positions taken by the parties on the same. Article 511.º regulation of arbitration required the necessary arbitration regime that is not regulated in this section consists of specific law. Chapter V Article extension Ordinance 512.º extension of collective agreement or arbitral award 1-the collective agreement or arbitration award in force can be applied, in whole or in part, by extension Ordinance the employers and the workers integrated within the business sector and professional defined in that instrument. 2-the extension is possible upon consideration of social and economic circumstances that justify it, namely the identity or similarity of economic and social situations in the context of the extension and of the instrument to which it relates. Article 513.º. Subsidiarity the extension Ordinance can only be issued in the absence of collective labour regulation instrument.

Article 359 514.º Competence and procedure for issue of Ordinance 1 extension-it is the Minister responsible for the labour issue area of extension Ordinance, except going on opposition to this for economic reasons, in which case the competence is in conjunction with the Minister responsible for industry. 2-the Minister responsible for labour publication area the draft order on extension of labor and employment. 3-Any natural or legal person who may be affected, albeit indirectly, by extension, can deduct reasoned opposition, in writing, in the 15 days following the publication of the draft. 4-the code of administrative procedure is applicable in the alternative. CHAPTER VI working conditions Article Ordinance 515.º Admissibility of Ordinance 1 working conditions-When social and economic circumstances warrant, there is no trade union or Association of employers or possible extension Ordinance, Ordinance may be issued to working conditions. 2-the Concierge working conditions can only be issued in the absence of collective labour regulation instrument. Article 516.º Competence and procedure for issuance of ministerial order of 1 working conditions-Are responsible for issuing Ordinance working conditions the Minister responsible for labour and the Minister responsible for industry. 360 2-preparatory studies of Ordinance of working conditions are ensured by a technical Committee constituted by order of the Minister responsible for the labour area. 3-the Technical Committee is composed of members appointed by the Ministers responsible for issuing from the Ordinance and includes, whenever possible, aides appointed by representatives of workers and employers interested in number determined by the order of incorporation. 4 – the Technical Committee shall draw up preparatory studies within 60 days of the date of the order that constitutes. 5-the Minister responsible for labour may, in exceptional cases, extend the period referred to in the preceding paragraph. 6-the provisions of paragraphs 2 to 4 of article 514.º shall apply to the preparation of ministerial order of working conditions. CHAPTER VII Publication, entry into force and application 517.º Article Publication and entry into force of collective labour regulation instrument 1-the instrument of collective labour regulation is published in the Bulletin of labour and employment and shall enter into force, after the publication, pursuant to law. 2-the provisions of the preceding paragraph shall not prejudice the publication of extension Ordinance and Ordinance of working conditions in the Diário da República, which depends on its entry into force. 3-the instrument of collective labour regulation which is the subject of three consecutive partial revisions is entirely republished.

518.º application of Article 361 of collective labour regulation instrument 1 – recipients of collective labour regulation instrument should proceed in good faith in compliance. 2-the application of a collective agreement or membership agreement, if the circumstances on which the parties have supported their decision to hire. 3-Who miss guiltily to the fulfilment of the obligation arising from collective labour regulation instrument is responsible for the damage caused, in general terms. Article 519.º Violation of provision of collective labour regulation instrument 1-violation of provision of collective labour regulation instrument on a majority of workers constitutes a serious infraction. 2-the violation of provision of collective labour regulation instrument constitutes, for each employee in respect of which the infringement, against-take. 3-the provisions of paragraph 1 shall not apply if, on the basis of article 2, apply to employer fines where the sum of the minimum values is not less than the minimum quantitative of the fine applicable in accordance with paragraph 1.


SUBTITLE III 362 chapter I collective labour Conflicts resolution of collective conflicts section 1 principle of good faith Article 520.º good faith pending a collective labour conflict parties must act in good faith. SECTION II Conciliation and conciliation regime Admissibility 521.º 1-the collective labour conflict, in particular resulting from the conclusion or revision of a collective agreement, can be resolved by conciliation. 2-in the absence of conventional rules, the conciliation shall be governed by the provisions of the following paragraph and in the next article. 3-conciliation may take place at any time: a) By agreement of the parties; b) at the request of one of the parties, in case of lack of response to the proposal of conclusion or revision of a collective agreement, or by eight days ' notice in writing to the other party.

Article 522.º 363 1-Conciliation Procedure conciliation is carried out by the competent departments of the Ministry responsible for labour area, assisted, where necessary, by the competent service of the Ministry responsible for the sector of activity. 2-the application for conciliation should indicate the situation that the bases and the subject matter of the same, gathering proof of the notice if it is signed by one of the parties. 3 us 10 days following the submission of the application, the competent authority verifies the correctness of that and summons the parties to conciliation and, in case of revision of a collective agreement, invite to the reconciliation the Gewerkschaftsbund or employers participating in the negotiation process and not involved in the application. 4-the Trade Union or Association of employers referred to in the second part of the preceding paragraph must respond to the invitation within five days. 5 – the parties summoned must attend the conciliation meeting. 6-the reconciliation begins with the definition of the matters on which it will focus. 7-in the case of conciliation be made by another entity, the Parties shall inform the beginning and ending their competent service of the Ministry responsible for labour area. 8-Commits an administrative offence record the Gewerkschaftsbund, the Association of employers or employer that is not represented at the meeting for which it has been convened. Article 523.º Transformation of conciliation in mediation conciliation can be transformed into mediation, in accordance with the following articles.

SECTION III Article Mediation 524.º 364 Admissibility and 1 mediation scheme-the collective labour conflict, in particular resulting from the conclusion or revision of a collective agreement, can be resolved by mediation. 2-in the absence of conventional rules, the mediation shall be governed by the provisions of the following paragraph and in the following articles. 3-mediation can take place: a) By agreement of the parties, at any time, in particular in the course of conciliation; b) at the request of one of the parties, a month after the beginning of reconciliation, by written communication to the other party. Article 525.º Procedure 1 mediation-mediation is carried out by a mediator appointed by the competent service of the Ministry responsible for labour area, assisted, where necessary, by the competent service of the Ministry responsible for the sector of activity. 2 – the request for mediation shall indicate the situation that the bases and the subject matter of the same, gathering proof of the communication to the other party if it is signed by one of the parties. 3 us 10 days following the submission of the application, the competent authority verifies the correctness of that and appoints the mediator, giving the fact that knowledge to the parties.

365 4-If mediation is requested by one of the parties, the mediator requests the other to rule on the subject of the same and, in case of divergence, taking into account the feasibility of mediation. 5-for the preparation of the proposal, the mediator may ask the parties and any State Department data and information that they possess and that it considers necessary. 6-the Parties shall attend meetings convened by the mediator. 7-the mediator shall refer the proposal to the parties within 30 days of his appointment and, during the period referred to in the following paragraph, you can contact any of the parties separately, if it deems appropriate to achieve the agreement. 8-acceptance of the proposal by any party shall be communicated to the mediator within 10 days of its receipt. 9 – Received the answers or the time limit laid down in the preceding paragraph, the mediator communicates simultaneously to each party, the acceptance or rejection of the proposal within two days. 10-the mediator must keep confidential the information received in the course of the proceedings that are not known to the other party. 11-Commits an administrative offence record the Gewerkschaftsbund, the Association of employers or employer who is not represented at a meeting convened by the mediator. Article 526.º Mediation by another entity 1-the parties may ask the Minister responsible for the labour area, on request, set the resource to a personality on the list of arbitrators Presidents to play the role of mediator.

366 2 – If the Minister and the person chosen to be mediator, the corresponding charges are supported by the Ministry responsible for labour area. 3-in the case of mediation not be carried out by the competent departments of the Ministry responsible for labour, this area must be informed by the parties of their beginning and ending. SECTION IV Article Arbitration 527.º Arbitration collective labour conflicts that do not result in the conclusion or revision of a collective agreement may be settled by arbitration in accordance with the procedure laid down in articles 504.º and 505.º. CHAPTER II strike and lock-out ban Strike section I Article 1 528.º right to strike-the strike is, under the Constitution, a right of workers. 2-it is up to the workers to set the scope of interests to defend through the strike. 3-the right to strike shall not be permitted.

Article 367 529.º Competence to declare the strike 1-the use of strike is decided by unions. 2-Notwithstanding the previous paragraph, the Assembly workers of the company may decide the appeal to strike since most workers are not represented by unions, the Assembly is convened for the purpose by 20% or 200 employees, most workers take part in the vote and the resolution will be adopted by secret ballot by the majority of the voters. Article 530.º representation of workers on strike 1-workers on strike are represented by the Association or trade union associations that have recourse to strike or, in the case referred to in paragraph 2 of the preceding article, a strike Committee, elected by the same House. 2-the entities referred to in the preceding paragraph may delegate his powers of representation. Article 531.º picket line to trade union association or the Commission of strike pickets can be organized to develop activities designed to persuade, by peaceful means, workers to join the strike, without prejudice to the respect for freedom of work by non-members.


368 Article 532.º 1 strike notice-the entity that decides the use of strike must address the employer or Association of employers, and the Ministry responsible for labour area, a warning at least five business days or, in the situation referred to in paragraph 1 of article 535.º, 10 working days. 2-the strike notice must be made by suitable means, in particular in writing or through the media. 3-the notice must contain a proposed definition of services necessary for the safety and maintenance of equipment and facilities and, if the strike is carried out in the undertaking or establishment that is intended for satisfaction of inescapable social needs, a proposal of minimum services. 4-If the services referred to in the preceding paragraph are defined in collective labour regulation instrument, this can determine that the notice need not contain the same proposal, provided that it is properly identified its instrument. Article 533.º ban on replacing strikers 1-the employer cannot, during the strike, replace the strikers by people who, on the date of the notice, didn't work in the respective establishment or service, nor can, since that date, admit workers to that end. 2-the task to worker on strike cannot, during this, be held by a company contracted for this purpose, except in cases of non-compliance with the minimum services necessary to the satisfaction of the inescapable social needs or to security and maintenance of equipment and installations and the strict extent necessary for the provision of such services. 3 – Is very serious infraction violation of paragraphs 1. 534.º effects of Article 369 1 strike-strike suspends the employment contract of a worker, including the right to remuneration and duties of subordination and attendance. 2-During the strike, remain, in addition to the rights, duties and guarantees of the parties that don't require the effective supply of labour, the rights laid down in social security legislation and the benefits for accidents at work or occupational disease. 3-the period of suspension is counted for seniority purposes and is without prejudice to the effects of this. Article 535.º Obligation of provision of services during the strike 1-In the undertaking or establishment that is intended for satisfaction of inescapable social needs, the Trade Union Association to declare the strike or the strike Committee in the case referred to in paragraph 2 of article 529.º, and adherent workers must ensure, during the same, the provision of minimum essential services to the satisfaction of those needs. 2-Considers, inter alia, undertaking or establishment that is intended for satisfaction of inescapable social needs which integrates in any of the following sectors: a) posts and telecommunications; b) medical services, hospital and medical products; c) Public Health, including conducting funerals; d) mines and energy services, including the supply of fuel; and) water supply; f) Fire Department; 370 g) services to the public to ensure the satisfaction of essential needs which attaches to the State; h) transport, including ports, airports, rail and trucking, related to passengers, animals and perishable foodstuffs and goods essential to the national economy, including their loading and unloading; I) transportation and security of monetary values. 3-the Union Association to declare the strike or the strike Committee in the case referred to in paragraph 2 of article 529.º, and adherent workers should pay, during the strike, the services necessary for the safety and maintenance of equipment and installations. 4-the workers engaged in the provision of services referred to in the preceding paragraphs remains in strict extent necessary to this provision, under the authority and direction of the employer, including right to retribution. Article 536.º definition of services to ensure during the strike 1-the services provided for in paragraphs 1 and 3 of the preceding article and the means necessary for the secure must be defined by collective labour regulation instrument or by agreement between the representatives of workers and employers covered by the notice or its Association of employers. 2-in the absence of foresight in collective labour regulation instrument or agreement on the definition of minimum services referred to in paragraph 1 of the preceding article, the competent authority of the Ministry responsible for labour area, assisted where necessary by the competent service of the Ministry responsible for industry, calls the entities referred to in the preceding paragraph to the negotiation of an agreement on the minimum services and the means needed to ensure.

371 3 – negotiating minimum services concerning the strike substantially identical to at least two previous strikes for which the definition of minimum services by arbitration have the same content, the service referred to in paragraph 1 proposes to the parties to accept this same definition and, in case of rejection, the same as the record of the minutes of the trading. 4-in the case referred to in the preceding paragraphs, in the absence of agreement in the three days following the notice of strike, the minimum services and the means needed to ensure are defined: a) by order, duly set, the Minister responsible for labour and the Minister responsible for sector of activity; b) in the case of direct or indirect administration service of the State or corporate business of the State, by an arbitral tribunal, constituted in terms of specific law about mandatory arbitration. 5-the definition of the minimum services should respect the principles of necessity, adequacy and proportionality. 6-the order and the decision of the arbitral tribunal referred to in the preceding paragraph shall take effect immediately upon notification to the entities referred to in paragraph 1 and shall be posted at the premises of the undertaking, establishment or service in places intended for information workers. 7-the representatives of the employees on strike shall designate employees who are attached to the provision of minimum services defined and inform the employer, until 24 hours before the start of the strike or, if not, should the employer make this designation.


Article 372 537.º end of the strike the strike ends by agreement between the parties, by decision of the authority has declared, or at the end of the period for which it was declared. Article 538 prohibition of coercion, prejudice or discrimination 1-worker is null the acts involving coercion, prejudice or discrimination against a worker by reason of accession or not to strike. 2-Is very serious infraction the employer act involving coercion of workers not to join the strike, or that undermine or discriminate for joining the strike or not. Article 539.º effects of strike declared or executed in a manner contrary to law 1-the absence of worker by reason of accession the strike declared or executed in a manner contrary to the law is considered unjustified absence. 2-the provisions of the preceding paragraph shall not preclude the application of the General principles in civil liability. 3-In case of failure to comply with the obligation to provide minimum services, the Government can determine the request or mobilization, as provided for in specific legislation. Article 540 of the strike Rules by collective agreement 1 – the collective agreement may regulate, in addition to the matters referred to in subparagraph (g)) of paragraph 2 of article 490.º, conflict resolution procedures likely to determine the capability to strike, as well as limit the use of strike by Union membership Minister, during the term of that, in order to modify its contents. 373 2-the limitation provided for in the second part of the preceding paragraph shall not prejudice, in particular the Declaration of the strike on the grounds: the abnormal circumstances change) in which the parties substantiate the decision to contract; b) In breach of the collective agreement. 3 – the worker cannot be held responsible for the adherence to strike declared in default of limitation provided for in paragraph 1. SECTION II lockout Article 541.º concept and prohibition of lock-out 1-lock out any total or partial outage of the company or the prohibition of access to workplaces to some or all of the employees and the refusal to provide work, policies and tools that determine or can determine the stoppage of all or some sectors of the company provided that, in any event, aimed at achieving purposes beyond the normal activity of the company, by unilateral decision of the employer. 2-it is prohibited to the lockout. 3 – Is very serious infraction the breach of the provisions of the preceding paragraph. Article 542º penal Responsibility in terms of strike or lock-out 1-infringement of the provisions of paragraph 1 or 2 of Article 533.º or in paragraph 1 of Article 538 is punished with a fine penalty up to 120 days. 2-the violation of the provisions of paragraph 2 of Article 541.º is punished with imprisonment up to two years or with fine penalty up to 240 days. 374 BOOK II chapter I administrative and criminal Liabilities criminal liability Article 543.º Liability of legal persons and similar legal persons and similar entities are responsible, in general terms, for the crimes provided for in this code. Article 544 qualified Disobedience Incurs the crime of qualified disobedience the employer: a) present to the competent Ministry inspection service responsible for labour area document or other record by this requested that interest to any labour status; b) Hide, destroy or corrupt document or other record that has been requested by the service referred to in the preceding paragraph. CHAPTER II Administrative Responsibility Article 545.º notion of labour Constitutes a misdemeanour offense work the fact that typical, unlawful and reprehensible achieving the violation of a norm that enshrines rights or impose duties on any subject within the scope of the employment relationship and that is punishable by fine.

375 Article 546.º of the labour The labour offences offences are governed by the provisions of this code and, in the alternative, by the general scheme of the contravention. Article 547.º of negligence Punishable negligence in employment is always punishable offences. Article 548.º Subject responsible for technical infraction 1-the employer is responsible for administrative offences committed by its servants in the performance of their tasks, without prejudice to the responsibility committed by law to other subjects. 2-When a violation is the agent type employer also covers the body corporate, unincorporated association or the Special Commission. 3-If the subcontractor, to perform all or part of the contract in the contractor's premises or under its responsibility, violating provisions that matches a very serious infringement, the contractor is liable jointly and severally liable for payment of the corresponding fine, unless they demonstrate that he acted with due diligence. 4-If the offender referred to in the preceding paragraph is a corporate body or equivalent, are responsible for payment of the fine, jointly and severally with that, their administrators, managers or directors. Article 549.º levels of severity of contraventions for the determination of the fine applicable labour and taking into account the importance of the interests violated, the labour offences are classified in light, serious and very serious. 376 Article 550.º values of the fines 1-every step of severity of the labour offences corresponds a variable fine depending on the turnover of the company and the degree of guilt of the offender, except as provided in the following article. 2-minimum and maximum limits of the fines corresponding to administrative offense take are the following: a) If committed by a company with turnover of less than (euro) 10 million, 5 2 UC the UC in case of negligence and from 6 to 9 UC UC in case of fraud; b) If practiced by a company with turnover of less than (euro) 10 million, UC 6 to 9 UC in case of negligence and of 10 UC the UC 15 in case of fraud. 3-The minimum and maximum limits of fines relating to serious infraction are the following: a) If committed by a company with turnover of less than (euro) 500000, of 6 UC the UC 12 in case of negligence and from 13 to 26 UC UC in case of fraud; b) If practiced by a company with turnover of less than (euro) 500000 and less than (euro) 2500000, 7 UC the UC 14 in case of negligence and of 15 UC the UC 40 in case of fraud; c) practised by company with turnover of less than (euro) EUR 2500000 and less than (euro) 5 million, of 10 UC the UC 20 in case of negligence and of 21 UC the UC 45 in case of fraud; d) If practiced by a company with turnover of less than (euro) 5 million and less than (euro) 10 million, of 12 UC the UC 25 in case of negligence and of 26 UC the UC 50 in case of fraud; e) If practiced by a company with turnover of less than (euro) 10 million, of 15 UC the UC 40 in case of negligence and from 55 to 95 UC UC in case of fraud. 377 4-minimum and maximum limits of the fines corresponding to very serious infraction are the following: a) If committed by a company with turnover of less than (euro) 20, 500000 UC the UC 40 in case of negligence and 45 UC the UC 95 in case of fraud; b) If practiced by a company with turnover of less than (euro) 500000 and less than (euro) 2500000, 32 UC the UC 80 in case of negligence and from 85 to 190 UC UC in case of fraud; c) practised by company with turnover of less than (euro) 2500000 and less than (euro) 5 million, 42 UC the UC 120 in case of negligence and from the UC 280 UC 120 in case of fraud; d) If practiced by a company with turnover of less than (euro) 5 million and less than (euro) 10 million, of the 140 55 UC UC in case of negligence and of 145 400 UC the UC in case of fraud; e) If practiced by a company with turnover of less than (euro) 10 million, 90 UC the UC 300 in case of negligence and from 300 to 600 UC UC in case of fraud. 5-the turnover relates to the calendar year preceding the practice of infringement. 6-If the company does not have business in the calendar year preceding the practice of infringement, it is considered the the most recent year. 7-in the year of commencement of activity shall apply the limits laid down for company with turnover of less than (euro) 500000. 8-If the employer does not indicate turnover, apply the limits laid down for company with turnover of less than (euro) 10 million. 9-the abbreviation UC corresponds to the unit of account.


378 Article 551.º values of fines applicable to non-company agent 1-every step of the seriousness of the contravention, in the event that the agent is not a company, correspond the fines referred to in the following paragraphs. 2-light infraction matches fine of 1 UC the UC 2 in case of negligence or 2 UC the UC 3.5 in case of fraud. 3-serious infraction matches fine of 3 UC the UC 7 in case of negligence or 7 UC the UC 14 in case of fraud. 4-the very serious infraction matches fine of 10 UC the UC 25 in case of negligence or 25 UC the UC 50 in case of fraud. Article 552.º special Criteria to measure the fine 1-the maximum values of the fines applicable to very serious offences envisaged in paragraph 4 of article 550.º are elevated to double to infringe rules on work, health and safety at work, rights of collective representation structures and workers ' right to strike. 2-In case of plurality of agents responsible for the same alleged infringement shall apply the fine corresponding to the company with the highest turnover. Article 553.º Intent the disrespect of measures recommended in auto warning is considered by the competent administrative authority, or by the judge in the case of judicial review, in particular for the purposes of verification of the existence of wilful misconduct.

379 Article 1-554.º of contravention Plurality When the violation of the law affect a plurality of individual workers, the number of offences corresponds to the number of employees particularly affected, in accordance with the following paragraphs. 2 – it is considered that the violation of the law affect a number of workers when these, in the exercise of their activity, were exposed to a situation of danger or suffered damage resulting from unlawful conduct of the offender. 3-the number of offences gives rise to a proceeding and the offences are sanctioned with a single fine not exceeding double the maximum fine applicable. 4, with the offence committed, the officer obtained an economic benefit, this must be taken into account in determining the extent of the fine pursuant to article 18 of the General system of administrative offences. Article 555.º determination of the extent of the fine 1-in determining the extent of the fine, in addition to the provisions of the general regime of administrative offences, are cogent yet the measure of non-compliance with the recommendations of auto warning, coercion, false, simulation or other fraudulent means used by the agent. 2-in the event of a breach of health and safety standards at work, are also merit consideration the General principles governing prevention measures, as well as the permanence or transience of infringement, the number of workers potentially affected and the measures and instructions adopted by the employer to prevent risks.

380 3-Ceasing the employment contract, in the case of the defendant to comply with the provisions of article 244, and to proceed with the voluntary payment of fines for infringement of the provisions of paragraphs 1 or 5 article 237, paragraphs 1, 4 or 5 of article 238 or in paragraphs 1, 2 or 3 of article 243, this is settled by the value corresponding to the administrative offense take. Article 556.º exemption from fine the fine provided for the offences referred to in paragraph 4 of article 352, paragraph 2 of the article 354.º, paragraph 7 of Article 355.º, paragraph 8 of article 356.º, paragraph 6 of article 357, paragraph 6 of Article 359.º, paragraph 6 of article 360.º, paragraph 5 of article 362.º, paragraph 6 of article 367 in paragraph 2 of article 368.º, paragraph 5 of article 370, paragraph 5 of article 374.º, paragraph 2 of the article 375.º, paragraph 3 of the article 377.º or article 379.º 3 in so far as it refers to violation of paragraph 1 of that article, shall not apply if the employer ensure worker rights referred to in article 387.º. Article 557.º-1 is sanctioned as Recurrence repeat offender who commits a serious infraction committed with intent or very serious infraction, after being convicted of another serious infraction committed with intent or very serious infraction, if between the two offences has elapsed a period not exceeding that of the first. 2-In case of recidivism, the minimum and maximum limits of the fine are high in one-third of its value, this may not be less than the value of the fine imposed by the previous infraction since the minimum and maximum limits of this are not superior to that.

Article 381 558.º penalties 1-in the case of very serious infraction or recurrence in serious infraction, practised with intent or gross negligence, is applied to the agent the accessory sanction of publicity. 2-In situation provided for in paragraph 1, taking into account the effects compensated for the employee or the economic benefit withdrawn by the employer with the failure, can still be applied to the following penalties: the Interdiction exercise activity) in the establishment, plant or shipyard where the infringement is established, for a period of up to two years; b) ineligibility to participate in arrematações or tender for a period of up to two years. 3-advertising judgment consists in the inclusion in public record, available on the website of the competent inspection service of the Ministry responsible for labour area, an extract with the characterization of a misdemeanour, the norm violated, the identification of the offender, the sector of activity, the place of offence and the penalty imposed. 4-the publicity referred to in the preceding paragraph is promoted by the competent court in respect of the administrative offense subject to judicial decision, or by the service referred to in that paragraph, in all other cases. Article 559.º Exemption and elimination of advertising 1-the accessory penalty of advertising can be dismissed, considering the circumstances of the offence, if the agent has paid the fine immediately who was convicted and if you have not practiced any serious or very serious infraction in the five previous years. 382 2-after a year since the publicity of the judgment without the agent was again convicted of serious or very serious infraction, eliminated from the register referred to in the previous article. Article 560.º fulfilment of omitted obligations 1-where the alleged infringement consists of the technical omission of a duty, the payment of the fine does not relieve the offender compliance if this is still possible. 2-the decision to apply the fine shall contain, where appropriate, the order of payment of outstanding workers quantitative, to be carried out within the prescribed time limit for payment of the fine.

3-In case of non-payment, the decision referred to in paragraph 1 forms the basis of the implementation pursuant to article 89 of the Decree-Law No. 433/82 of 27 October, applying the standards of the common process for payment of a certain amount. Article 561.º individual Registration 1 – service with competence of the Ministry responsible for inspection work area organizes an individual record of the subject responsible for the contravention, national labour, which set out the offences committed, the dates on which they were committed, the fines and penalties applied, as well as the dates on which sentencing decisions have become indisputable. 2-the courts and departments of the regional Government of the Azores and Madeira with competence for the imposition of fines refer to the service referred to in the preceding paragraph the elements in this.

383 Article 1-562.º Target of fines in the process whose instruction is committed to the responsible service inspection of the Ministry responsible for labour area, half of the proceeds of the fine imposed reverts to this, by way of compensation of costs and operating costs, and the remainder the following target: a) guarantee fund and updating of pensions, in case of fine imposed for safety and health at work; b) 35% for the service responsible for the financial management of the budget for Social Security and 15 percent to the State budget, for another fine. 2-the service referred to in paragraph 1 transfers on a quarterly basis to the entities referred to in the preceding paragraph the amounts to which they are entitled.