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1 PROPOSAL of law No. 285/X/4th explanatory memorandum the previous labour code, approved by law No. 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, because they have to wait for the entry into force of law No. 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. Fulfillment of such commands and, on the other hand, when he left the Program, your shed 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 the diagnosis of the need for legislative intervention, the XVII constitutional Government was encouraged your debate within the social dialogue and propelling your discussion on social dialogue. 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.
2 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 dialogue (CPCS), identifies the main problems of economic and social reality of the country and sets out proposals for action that it considers appropriate. Among the various proposals include one concerning systematization. Thus, it was proposed that the legislative acquis should have the following composition:-A Working code with a number of articles less than the set of code and law No 35/2004 of 29 July totals today;
-Five fancy law: health and safety at work, work at home, wage guarantee fund and not voluntary arbitration;
-A degree of regulatory code. Is following these events the XVII constitutional Government, on 22 April 2008, the CPCS a document that will serve as a basis for the formalization of a new agreement on regulating labour relations, employment and social protection, which reflects the host of most of the proposals put forward by the CLBRL, with regard to the systematization and simplification of legislation in force in particular, the labour code and your Regulation. This is the programmatic framework and with this intensive scenario and extended debate that the Government and the majority of the 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. 3 following the proposal from the CLBRL has been reached in the tripartite agreement for a new system of Regulation of labour relations, employment Policies and Social protection in Portugal» a broad consensus as to the legislative acquis systematic. Thus, the social partners and Government agreed in the following systematization of the labour code and law No 35/2004 of 29 July: be integrated into the labour code, so unified, the following schemes, partially regulated in this Law:-posting of workers (articles 7 to 8 of the code and 11 and 12 of law No 35/2004 , of 29 July);
-Personality Rights (articles 15 to 21 of the code and articles 27 to 29 of law No. 35/2004, of 29 July);
-Equality and non-discrimination (articles 22 to 30 of the code and articles 31 to 40 of law No 35/2004 of 29 July);
-Protection of motherhood and fatherhood (articles 33 to 51 of the code and articles 67 to 83 of law No 35/2004 of 29 July);
-Work of minors (articles 53 to 70 and 115 code of law No 35/2004 of 29 July);
-Student-worker (articles 79 to 84 of the code and articles 148 to 156 of law No. 35/2004, of 29 July, with the exception of article 155 on specifics the frequency of educational establishments that will shift to regulatory code diploma);
-Foreign worker or stateless person (articles 86 to 90 of the code and articles 158 and 159 of the law No. 35/2004, of 29 July);
-Vocational training (articles 123 to 125 and 137 of the code and articles 161 to 169 of law No 35/2004 of 29 July); Article 170 of the Act No. 35/2004, of 29 July, on report of continuing training, must integrate regulatory code diploma; 4-hours of work (articles 170 to 179 of the code and articles 178 to article 182 of law No 35/2004 of 29 July);
-Night work (articles 192 to 196.º the code and articles 184.º to 186 of the Act No. 35/2004, of 29 July);
-Additional Work (articles 197 to 204 of the code and 188 and 189-of law No 35/2004 of 29 July);
-Fouls (articles 224 to 232 of the code and articles 203 and 204 of law No 35/2004 of 29 July);
-Retribution and other asset allocations (articles 249 the 271.º code and articles 207 to 210.º of law No 35/2004 of 29 July);
-Reduction of activity and suspension of the contract of employment (articles 330.º to 353.º of the code and articles 293 to 299 of the Act No. 35/2004, of 29 July);
-Failure to comply with the contract of employment (articles 363 and 364.º of the code and articles 301 to 307 of law No 35/2004 of 29 July); the resolution of the employment contract by the employee on the basis of lack of prompt payment of the consideration (article 308 of law No 35/2004) should be integrated into the corresponding portion of the chapter of the termination of the employment contract, and the suspension of executions (articles 310 to 314 of law No 35/2004 of 29 July) should be integrated into the regulations of the code;
-Unions, whose regime of the code should integrate the articles 397.º, 398 and 400th the 403.º of law No 35/2004 of 29 July;
-Committees of workers (articles 461.º to 470.º of the code and articles 328(1) the 364.º of law No 35/2004 of 29 July); 5-participation in the drafting of labour legislation (articles 524.º to 530.º of the code and under article of law No 35/2004 of 29 July);
-With regard to the system of safety, hygiene and health at work and accidents at work and occupational diseases, the fundamental rules should be included in the labour code; the remainder will be regulations of specific legislation, which will contain also the genetic heritage protection scheme of articles 41 to 65 of Act No. 35/2004, of 29 July. And should be integrated into specific laws:-the work at home scheme (articles 14 to 26 of Act No. 35/2004, of 29 July);
-The maritime labour schemes and road transport;
-The arrangements of the European Works Council (articles 471.º to 474.º of the code and articles 365.º to 395.º of law No 35/2004 of 29 July);
-The scheme of the Wage guarantee fund (articles 316 to 325 of law No 35/2004);
-The arrangements on safety, hygiene and health at work, accidents at work and occupational diseases in the provisions of the code (articles 272 to 312) that are not built into this as fundamental standards, as well as the norms of law No 35/2004 on safety, hygiene and health at work (articles 212.º to 278.º) and on protection of the genetic heritage (articles 41 to 65); still, the prohibited activities or schemes determined the pregnant worker, who has recently given birth or breastfeeding (articles 84 to 98 of law No 35/2004 of 29 July) and the protection of minor (articles 116 to 126 of law No 35/2004 of 29 July);
-The system of binding arbitration, as well as the arbitration for defining minimum services, in part not integrated in the labour code (articles 569 and 599.º of the code and the 407 – 449 articles of law No 35/2004 of 29 July). 6 to the extent which cannot be integrated into their own legislation, should be integrated into degree of regulation of the labour code the following schemes of law No. 35/2004, of 29 July, or the code:-participation of smaller shows or other cultural, artistic or advertising activity (articles 138 to 146 of the law No. 35/2004, of 29 July);
-Period of operation (article 176 of law No 35/2004 of 29 July);
-Verification of diseases (articles 191 to 201 and 206 of the law No. 35/2004, of 29 July);
-Personnel and social report (articles 452.º to 464.º of law No 35/2004 of 29 July), annual report on safety, hygiene and health at work and annual training Report;
-Student-worker status, in part on the frequency of educational establishment (article 148, paragraph 2, point (b)), 155 and 156 of law No. 35/2004, of 29 July);
-Social security schemes in situations regulated in labour legislation;
-Allowances in the event of faults or licenses under the protection of maternity or paternity (articles 103 to 106 of law No 35/2004 of 29 July);
-Effects of licenses on the formation rate of invalidity or old age pension (article 50, paragraph 3 of the code);
-Inscription on the smaller worker social security (article 53, paragraph 4 of the code);
-(357 articles, paragraph 2 and 362.º of the code);
-Social Security and insurance for accidents at work of temporary worker (article 41 of law No. 19/2007, of 22 May);
-Unemployment benefits in case of suspension of the employment contract for lack of prompt payment of the consideration (article 306 and 315 of law No 35/2004 of 29 July); 7-social security contributions in the case of a disciplinary measure of suspension from work with loss of compensation (article 370, paragraph 2, of the code). Following the publication of law No. 7/2009, of 12 February, which approved the new labour code, were repealed the law No. 99/2003 of 27 August, and law No 35/2004 of 29 July. The 12 of February 2009 was published the new labour code by Act No. 7/2009, of 12 February, with new systematics and simplification, which added the purge of all the code that matters were not technical nature. Matters now proceed to regulation of the new labour code following the "tripartite agreement". The proposed legal regime is deeply based on previous Code, although regulations present significant changes with a view to introducing greater efficiency. The proposed legal regime regulates the following matters:-participation of smaller shows or other cultural, artistic or advertising activity;
-Period of operation;
-Verification of disease;
-Information on the activity of the company;
-Student-worker status, in part on the frequency of educational establishment;
-Professional Training-training plan;
-Unemployment benefits in case of suspension of the employment contract for lack of prompt payment of the consideration; 8 in order to give the new compromise between labour rights and duties in the new labour code, in order to increase the effectiveness of the existing regulatory framework and considering the impact of the legislation on social and economic reality, must be heard the Government organs of the autonomous regions and through public discussion in Parliament , must be operated all the procedures necessary to ensure the participation of representative structures of workers and employers, in accordance with the provisions of articles 470.º and 472.º of the labour code Thus: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I objective and scope article 1 subject-matter and scope 1-this law regulates the following matters : the minor in business) of cultural, artistic or advertising nature, referred to in article 81 of the labour code, with the extension to autonomous work of minor below the age of 16 years as a result of paragraph 4 of article 3 of law No. 7/2009, of 12 February; b) specificities of the frequency of educational establishment by student-worker; c) aspects of vocational training; d) period of operation, in accordance with the provisions of paragraph 4 of article 201 of the labour code; 9 and) verification of workman disease situation, as provided for in paragraph 3 of article 254 of the labour code; f) unemployment benefits in case of suspension of the employment contract by the employee on the grounds of non-payment on time of the consideration, referred to in paragraphs 1 and 2 of article 325 of the labour code; g) Suspension of executions when the run is worker with overdue payments; h) periodic Information about the activity of the company. 2-the system referred to in point (b)) of the preceding paragraph transposes in part to the internal legal order the directive no. 94/33/EC of 22 June 1994 on the protection of young people at work. Chapter II lower Participation in cultural activity, artistic or advertising article 2 Activities allowed the smaller 1-the minor can participate in show business or other activity of cultural, artistic or advertising nature, namely as an actor, singer, dancer, showgirl, musician, model or mannequin. 2-the situation provided for in paragraph 1 may not involve contact with animal or hazardous activity that may pose risk to the safety or health of the child. 3-Is very serious infraction, attributable to the entity promoting the activity, violation of the provisions of the preceding paragraph, and may be accessory penalties imposed on advertising, in general terms, and taking into account the effects severely for the smallest or the economic benefit withdrawn by the Prosecutor: 10 a) Prohibition of the exercise of a profession or activity whose exercise depends on title or public authorization or approval of a public authority; b) ineligibility the allowance or benefit granted by entity or public service; c) Closure of establishment whose operation depends on the authorization or license of administrative authority. Article 3 Duration the period of participation in activity 1-minor's participation in the activity, including essays and other preparatory acts, may not exceed the age of that:) less than a year, 1 hour a week; b) Of a less than three years, 2 hours per week; c) Of three less than seven years, 2 hours a day and 4 hours per week; d) Of seven less than 12 years, 3 hours per day and 9 hours a week, and any limits be exceeded up to 3 hours, if the addition of activity occur in day without school activities; e) of 12 to less than 16 years, 4 hours per day and 12 hours a week, and any limits be exceeded up to 3 hours, if the addition of activity occur in day without school activities. 2-During the period of school, lower activity should not coincide with school hours, respect a minimum interval of 1 hour between she and the frequency of classes and do not impair in any way the participation in school activities. 3-lower activity should be suspended at least one day a week, coinciding with a day of rest during the class period. 11 4-the activity may be exercised in half the period of school holidays and may not exceed, depending on the age of the child: a) Of six less than 12 years, 6 hours per day and 12 hours per week; b) From 12 to less than 16 years, 7 hours per day and 16 hours per week. 5-In situation referred to in (c))) of paragraph 1 or the preceding paragraph, there must be one or more breaks of at least 30 minutes each, so that the consecutive activity does not exceed half of the daily period referred to in those provisions. 6-the smallest can only exercise the activity between 8 and 20 hours or, having age of not less than seven years and only to take part in cultural or artistic nature shows, between 8 and 24 hours. 7-paragraphs 1 to 5 shall apply to less than is covered by compulsory education. 8-Is very serious infraction, attributable to the Prosecutor entity, the violation of the provisions of this article, and may be applied the penalties referred to in paragraph 3 of the preceding article. Article 4 liability for accidents at work 1 – the less is entitled to compensation for damage arising from an accident at work, in accordance with the corresponding general scheme, assuming, for this purpose, the entity promoter the position of employer. 2-the promoter entity should transfer responsibility for workplace accident to entity authorized by law to perform this insurance. 3 – Constitutes a serious infraction the breach of the provisions of the preceding paragraph, and may apply the penalties provided for in paragraph 3 of article 2 in case of recurrence in an administrative offence committed with intent or gross negligence.
12 article 5 authorisation or participation in business communication 1-the lowest participation in activity referred to in article 2 is subject to authorisation or communication. 2-communication can only take place in case of support that runs over a period of 24 hours and observe the minor at least 13 years of age who has not participated in 180 days, in the activity referred to in article 2 3-is responsible for the authorization and to receive the communication referred to in paragraph 1 the Commission for the protection of children and young people (CPCJ) whose area covers the domicile of the minor or , in your absence, whose headquarters are closer, working on Commission. 4-authorization shall be valid for the period of the child's participation in the case, a maximum of nine months, and shall be renewed whenever the participation is lasting. 5-Is very serious infraction, attributable to the Prosecutor entity, the violation of the provisions of paragraphs 1, 2 or 4, and can be applied to the penalties referred to in paragraph 3 of article 2 article 6 application for participation in activity 1 – the entity promoting the activity requires written consent, indicating the following elements: a) identification and date of birth of the minor; b) educational establishment attended by the minor if this is covered by compulsory schooling; c) activity in which the minor will participate and where the same is held; 13 d) type of participation of smaller, referenced through detailed synopsis; and the participation of smaller Duration), which can be one or more performances, for one season or another period, or the period in which the show remain in poster or other period uncertain; f) number of daily and weekly hours of work of a minor in acting and preparatory acts; g) person available for, where appropriate, monitoring the participation of smaller. 2-the application must be accompanied by: a) Certificate that the baby is a physical and mental capacity appropriate to the nature and intensity of your participation, issued by the occupational physician of the entity, after hearing the Prosecutor attending the minor; b) Declaration of school hours and info on leveraging smaller school covered by compulsory education, issued by the educational institution; c) authorization of the minor's legal representatives, which shall include the particulars referred to in (c)) f) of the preceding paragraph; d) Opinion of Union and employers ' Association representative on the compatibility between the participation envisaged and the age of the child or, in the absence of a reply, proof that the same was requested at least five working days before submission of the application; and assessing the promoter entity) for unfavourable opinion of the Trade Union or employers ' Association, if any. 3-are competent to give an opinion on the request: 14 a) Any representative of Union activity to exercise at the lowest, which has concluded a collective agreement covering the activities promoted by the applicant; b) any association of employers where the promoter is registered entity, or has concluded a collective agreement covering the activities promoted by the applicant. 4-the renewal of the authorisation applies to the preceding paragraphs. Article 7 decision by the Commission for the protection of children and adolescents 1-before deciding on the request, the CPCJ must hear the minor in question, whenever possible. 2-the CPCJ authorizes the participation of the minor if the activity, the type of participation and the corresponding number of hours per day and per week to respect the provisions of the preceding articles and not harming the safety, health, physical, psychic and moral education and training of the child. 3-the Commission may authorise the participation with the condition that this takes place under the supervision of one of the legal representatives or person indicated by them. 4-the decision must be rendered within 20 days. 5-is granted the application that is not decided within the time limit laid down in the preceding paragraph, if the documents referred to in (a)) d) of paragraph 2 of the preceding article are favorable to the participation of the child in the activity or if this is not already covered by compulsory education. 6-it is considered rejected the request which is not decided within the time limit referred to in paragraph 4, without prejudice to the provisions of the preceding paragraph.
15 7-the authorisation shall identify the principal promoter and mention the elements referred to in paragraph 1 of the preceding article. 8-the CPCJ communicates the authorization and the expiry date of the same to the applicant, the competent inspection service of the Ministry responsible for labour area, the legal representatives of the child and, if it is covered by compulsory schooling, the educational establishment. Article 8 Procedure of participation in communication activities 1-the promoter entity communicates the participation of less active, in writing, to the CPCJ, at least five working days, indicating the elements referred to in paragraph 1 of article 6, as well as the date and the time of commencement and termination of participation. 2-the report shall be accompanied by the documents referred to in points (a)) c) of paragraph 2 of article 6 article 9 conclusion of the contract and formalities 1-the contract that headlines the provision of lower activity is concluded between their legal representatives and the principal promoter, in writing and in duplicate, and shall indicate the activities to be undertaken and the duration of the participation of the smaller , the corresponding number of hours per day and per week, retribution and the person who carries out the surveillance of the minor, in the case referred to in paragraph 3 of article 7 16 2-copy of the contract to be in the possession of the Prosecutor entity must have attached copies of the consent of the CPCJ or communication made to this entity, the certificate that the minor has physical and mental capacity and of proof of school hours and initial changes that occur during the validity of the authorisation, if the minor is covered by compulsory education, as well as proof of insurance for accidents at work. 3-before the beginning of the activity of the minor, the promoter must send a copy of the contract and the annexes to the competent Ministry inspection service responsible for the technical area, as well as the establishment of teaching less covered by compulsory education. 4 – Constitutes a serious infraction, attributable to the Prosecutor entity, the violation of the provisions of this article, and may be applied the sanctions provided for in paragraph 3 of article 2 in case of recurrence in an administrative offence committed with intent or gross negligence. Article 10 consequences of change of time or of smaller school 1-in the event of a change of schedule, the educational institution shall communicate this fact immediately to the Prosecutor, the CPCJ and the legal representatives of the child. 2-When the period of validity of the authorisation covers more than one school year, the legal representation of the minor must send to the Prosecutor and to the CPCJ, at the beginning of new school year, a statement of school hours issued by the educational establishment.
17 3-in the situations referred to in the preceding paragraphs, so that the provision of minor activity can proceed, the promoter must make the changes of the time needed to comply with the provisions of paragraphs 2 and 3 of article 3, and shall communicate them to the educational establishment and the CPCJ. 4-in the case of less covered by compulsory schooling, the educational institution must communicate to the CPCJ any relevant reduction in school utilization or relevant allocation smaller behavior during the period of validity of the authorisation. 5-whenever the activity carried out by the smaller has a relevant decrease in school utilization or a relevant allocation of your behavior, the CPCJ notifies the Prosecutor entity to present, as well as to the competent inspection service of the Ministry responsible for labour area, the legal representatives of the child and, if it is covered by compulsory schooling, the educational establishment an amendment of the conditions of participation appropriate to correct the situation. 6-the CPCJ revokes the authorisation where it is not made the amendment provided for in the preceding paragraph or this is not suitable to remedy the situation. 7-the CPCJ notifies the revocation of authorisation to the promoter and the other entities referred to in paragraph 5. 8-withdrawal provided for in paragraph 6 shall take effect 30 days after notification, unless there are serious risks to the minor, in which case the CPCJ determines the effective date. 9-Constitutes a serious infraction, attributable to the promoter, the violation of the provisions of paragraph 3, and may be applied the sanctions provided for in paragraph 3 of article 2 in case of recurrence in an administrative offence committed with intent or gross negligence. 18 article 11 judicial authorization 1-If the CPCJ rejects the participation or revoke previous authorization, the legal representatives of the child may apply to the family court and smaller to allow participation or keep the previous authorization, observing, even in transit, the deliberation of the CPCJ. 2 – the process referred to in the preceding paragraph shall apply, mutatis mutandis, the regime of legal process of promotion and protection provided for in Royal Decree regulates the CPCJ. Chapter III article 12 student-worker Specifics the frequency of educational establishment for 1 student-worker-the student-worker is not subject: a) the frequency of a minimum number of courses in a particular course, teaching degrees that will be possible, nor the prescription scheme or entailing change of educational institution; (b) any legal provision that) do depend on the use frequency of school a minimum number of classes by discipline; c) the limitation on the number of examinations to be held in the time of appeal. 2-if there is no time to appeal, the student-worker is entitled, to the extent that it is legally permissible, to a special season of examination in all subjects.
19 3-the educational establishment with after-hours timetable schedule must ensure that the examinations and assessment tests, as well as a minimum service in support of the student-worker are carried out, as far as possible, at the same time. 4-the student-worker is entitled to compensation or classes of educational support which are considered indispensable by the educational establishment. 5-the preceding paragraphs is not cumulative with any other arrangements for the same purpose. Chapter IV Professional Training article 13 training plan 1-the employer must draw up the training plan, yearly or multi-yearly, based on the diagnosis of the needs of workers ' qualification. 2-the training plan must specify, in particular, the objectives, the training bodies, the training, the location and time of realization of these. 3-the elements that the training plan cannot specify must be communicated as soon as possible to the workers concerned, the workers or, in your absence, the Inter-Parliamentary Union Committee to the Commission or to the trade union delegates. 4-the preceding paragraphs shall not apply to micro-enterprises. 5-Constitutes a serious infraction violation of provisions of this article.
20 article 14 Information and consultation on the training plan 1-the employer must give knowledge of diagnosis and qualification needs of draft training plan for each employee, in part, as well as the Committee of workers or, in your absence, the Inter-Parliamentary Union Committee to the Commission or to the trade union delegates. 2-workers, in part to each respect, workers ' representatives referred to in the preceding paragraph may issue an opinion on the diagnosis of qualification requirements and the draft training plan within 15 days. 3-Constitutes a serious infraction the breach of the provisions of paragraph 1. Article 15 information on training the employer must include the elements on continuous training carried out each year in the framework of the information about the activity of the company. Chapter V article 16 operating time working period 1-the working period is between 7 and 20 hours, without prejudice to the next paragraph. 2 – the Member of Government responsible for labour area after hearing the competent authorities may authorise periods of operation of the establishment with amplitude higher than the defined in the preceding paragraph, for economic and technological reasons. 21 3-The members of the Government responsible for the technical area and the sector of activity concerned may, by order, authorize the continued operation set the establishment by economic or technological reasons. 4-for the purposes of paragraphs 2 and 3, the employer must submit to the competent inspection service of the Ministry responsible for labour area, responsible for the direction of the arraignment, a reasoned application, accompanied by: a) the opinion of the Committee of workers or, in your absence, the Union Committee or trade union delegates or or inter-Union, 10 days after the consultation as proof of the request for an opinion; b) draft work schedule to be applied; c) proof of licensing of the company's activity; d) certificates issued by the competent authorities evidencing that you have the situation regularized before the tax administration and social security. 5-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 and 3. Chapter VI checking the disease situation article 17 verifying the situation of illness by a doctor designated by the social security 1-for the purposes of verification of temporary incapacity for work by illness of the worker, the employer requires your submission to the Commission for verification of temporary incapacity (CVIT) social security of the area of residence of the worker. 2-the employer informs, on the same date, the worker of the request referred to in the preceding paragraph. 22 3-deliberation of CVIT held at the request of the employer produces effects within the legal relationship instalment of the social security system of the worker's holder. 4-social security services shall, within 48 hours of receipt of the application form: a) summon the worker for submission to CVIT, indicating the day, time and place of your conduct, which must occur in one of three working days; b) report to the employer the convocation; c) Inform the employee that: i) must submit, at the time of your observation, clinical information and diagnostic helper elements available, evidence of your inability; II) in the case of impossibility to attend by reason of consideration, must communicate the fact that in the 24 hours following the receipt of the summons; III) your no-show, no reason of consideration, has as a consequence that the days of alleged disease may be considered unjustified absences or, if occurring in holiday period, are considered for the duration of the enjoyment of these. 5-a worker is prevented from moving from your home to attend medical examination by CVIT shall inform the social security services until the date set for the examination if possible, in 24 hours. 6-depending on the offside of the worker, the social security services brand new date for medical examination by CVIT, taking place in the 48 hours following and, if necessary, the domicile of the worker, giving at the same time inform the employer. 23 7 – social security services shall report to the employer and to the employee if this is or is not suitable to perform the activity, in the 24 hours following the completion of a medical examination by CVIT. 8-The social security services are required to communicate to the employer: a) the impossibility to refer the worker to CVIT in accordance with subparagraph (a)) of paragraph 4, as the case may be, in the 24 hours following reception of the request; b) not to carry out the medical examination, in particular by lack of worker's appearance indicating the reason preventing alleged by this, or for a period of temporary incapacity for work by illness earlier verified by CVIT, this being the case, in the 24 hours following reception of the request. Article 18 verification of the situation of medical sickness designated by the employer 1-the employer may designate a doctor to verify the situation of the worker's disease: a) if it is informed of the impossibility of performing CVIT, or if after 48 hours after the application without having received notification from the social security services of convocation of the worker for submission to CVIT; b) if it is informed that the medical examination by CVIT did not take place in the period referred to in subparagraph (a)) of paragraph 4 or paragraph 6 of the preceding article. 2 – the process of verifying the situation of disease by medical practitioner appointed by the employer shall apply subparagraphs (a)) and c) of paragraph 4 and paragraphs 5 to 7 of the previous article, with any necessary adaptations.
24 Article 19 reassessment of the disease situation 1 – When the ruling of the medical opinion or CVIT designated by employer differs from the Declaration or affidavit submitted by the employee to prove the disease situation, either party may apply to the social welfare services of the habitual residence of the worker that the case is appreciated by Commission of reevaluation. 2-the Commission's reassessment usually consists of three doctors, one designated by the social security services, who chairs with a casting vote and that must be one of the doctors who joined the CVIT and that carried out the verification of the temporary incapacity under article 17, if it existed, a worker and other designated by the employer. 3-the revaluation Committee consists of only two doctors in case of: a) the worker or the employer does not have designated doctor; (b)) the worker and the employer have not granted the designations which they compete, and social security services the name of another doctor. 4 – confirmation of the disease by the revaluation shall take effect within the legal relationship instalment of the social security system article 20 procedure to 1 revaluation – A reassessment of situation temporary incapacity for work by illness may be required in the 24 hours following the knowledge of the result of the verification of the same and, at the same time, be communicated the request to the counterparty. 2-the application must contain the name of the physician referred to in paragraph 2 of the preceding article or statement that the applicant does not affect that power. 25 3 – the counterpart may refer to the doctor in the 24 hours following the request. 4-the procedure for re-evaluation shall apply subparagraphs (a)) and c) of paragraph 4 and paragraphs 5 and 7 of article 17 5-within eight days of receipt of the request, the Commission shall proceed to the re-evaluation of the situation of the worker's disease and communicate the result of the same to the East and to the employer pursuant to paragraph 7 of article 17 article 21 Communications The communications provided for in this chapter shall be carried out through quickly, including telegraph, telephone, fax or e-mail. Article 22 validity of the result of the verification of the disease situation the employer cannot justify a decision unfavorable to the worker on the result of the verification of the situation of temporary disability for work, pursuant to article 17 or 18, while during the period to request a reassessment or, if this is required, to the final decision. Article 23 the check or reassessment of the situation of the disease application for submission to social security or CVIT Commission intervention is subject to revaluation rate, adjusted in gatehouse of government officials responsible for the area of finance and labour area.
26 article 24 supplementary law In everything that is not specifically regulated in this Chapter, and since no contrary alternative, applies and with the necessary adaptations, the provisions of Decree-Law No. 360/97, 17 December. Chapter VII protection of the worker in case of non-payment on time of retribution article 25 special cases of the right to unemployment benefits 1 – the worker to suspend the employment contract on the grounds of non-payment on time of retribution is entitled to unemployment benefits during the period of the suspension. 2-The unemployment benefits may also be assigned in relation to the period for consideration in arrears, provided that this is required and the employer State, at the request of the employee, within five days, or in case of refusal by the competent inspection service declaration from the Ministry responsible for labour, the failure to comply with the provision in the period in question , however, the quantitative your exceed an allowance for every three monthly payments not received. 3-also confers the right to unemployment benefits non-payment on time: a) of retribution due in case of suspension of the employment contract by the employer or that closure of the undertaking or establishment for a period of not less than 15 days; b) retributive compensation in situations of crisis. 27 4-the allocation of unemployment benefits referred to in the preceding paragraphs shall be subject to the fulfilment of the warranty periods, all the other conditions and limits provided for in unemployment protection scheme. Article 26 suspension of foreclosure 1-the tax foreclosure process is suspended when the run, being worker with compensation in arrears for more than 15 days, prove that this results the non-payment of adequate amount. 2-the suspension referred to in the preceding paragraph shall remain until two months after the settlement of outstanding payments. Article 27 Sale of seized property or pledged 1-sale, judicial or extrajudicial, of goods referred to in the following paragraph pledged or pledged justified for non-payment of debt related to the acquisition of those goods is suspended when the run proves that the failure is due to have compensation in arrears for more than 15 days. 2-the previous paragraph applies to property that is the permanent residence of the worker and other goods essential to the domestic economy that are. Article 28 enforcement of eviction sentence execution of eviction sentence in which the cause of action has been the lack of payment of rent is suspended when the run proves that it was due to have compensation in arrears for more than 15 days.
28 article 29 the creditor's rights the court notifies the Social Relief Fund of the Institute of financial management of Social Security, I. P., the decision ordering a stay of execution of sentence of eviction, as well as the identity of the creditor and the amount of the instalments or rents in arrears, in order to ensure that payment laid down in special legislation. Article 30 termination of the stay of proceedings 1-where the payment of instalments or rents has not been assured by the entity responsible for unemployment benefits, the stay of proceedings shall cease as soon as eight days after receipt, by the employee, the wages in arrears. 2-If the worker has not received the compensation in mora, the suspension ceases after a year on your home, unless it is proved that if legal action is pending for the payment of such compensation, in which case the suspension ceases on the date that the payment of the same coercive or the impossibility of payment. 3-Required the continuation of the proceedings, the run is notified to, within 10 days, prove the payment or deposit, in simple, benefits or rent in mora.
29 Article 31 legal subrogation in the rights of the worker 1-the Department responsible for unemployment benefits is subrogated to the rights of the worker to the employer in the amount corresponding to the benefits that you have paid in accordance with paragraphs 2 and 3 of article 25 and article 29, plus the interest on arrears, not discharge the payment of the amount corresponding to different entity , including the labourer. 2-for the purposes of the preceding paragraph, the service responsible for unemployment benefits should, at the same time, notify the employer of the payments you make. Chapter VIII Information on the activity of the company article 32 annual Provision of information on the activity of the company 1-the employer must provide annually information on the activity of the company, in particular remuneration, duration of work, vocational training, safety and health in the workplace and workforce. 2-the information referred to in the preceding paragraph is presented through computer tools, content and deadline set in Ordinance of the Ministers responsible for labour and health areas. 3 – information to be provided may include other aspects of the social activity of the company are set out in a collective agreement or resulting from consultation of the Commission from workers or, in your absence, the Inter-Parliamentary Union Committee or Commission or the trade union delegates, as well as workers ' representatives for safety and health at work in the section on your material. 30 4-information that, according to the Ordinance referred to in paragraph 2, be provided to individual mode should be previously given to employees concerned, which may give rise to the correction of irregularities within 15 days. 5-the employer must provide information workers with knowledge of the company and send it, in the constant deadline referred to in paragraph 2, the following entities: the competent inspection service) the Ministry responsible for labour; b) labor unions representing company workers who request it, the Commission of workers as well as workers ' representatives for safety and health at worker on the relating to matters within your jurisdiction; c) employers ' associations represented on the Standing Committee of Social dialogue that request it. 6 – trade unions and employers ' associations may request information until 10 days before the start of the period for delivery of the same. 7 – the service referred to in point (a)) of paragraph 5 shall refer the information to the service of the same Ministry competent to carry out the clearance information statistical in the framework of the national statistical system and in conjunction with the National Institute of statistics, i. p. 8 – information provided to representatives of employers or of workers, with the exception of remuneration in relation to trade unions , and to the competent authority to carry out the statistical clearance must be purged of personal elements.
31 9-the employer must retain the information submitted for five years. 10-Is very serious infraction the breach of the provisions of paragraph 8, on the part concerning the employer, serious misdemeanor violation of paragraph 5 and take offense to violating the provisions in paragraphs 4 and 9. Chapter X transitional and final provisions article 33 Information about service providers the annual statement on the social activity of the company referred to in the previous article should cover who is bound to the employer by the service contract, in respect of matters specified in the ministerial order referred to in paragraph 2 of the preceding article. Article 34 Standard set the repeal of article 166, paragraphs 3 and 4 of article 167, 170 articles, 259.º, 452.º the 464.º and 480.º, paragraph 3 of the article 484.º and articles 490.º and 491.º, determined by paragraph 6 of article 12 of law No. 7/2009, of 12 February, shall take effect at the beginning of the first year covered by the regime of information concerning activity of the company referred to in the previous article.
32 article 35 entry into force this law shall enter into force on the day following your publication.
Seen and approved by the Council of Ministers of 7 May 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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