Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624463344d4331594c6d527659773d3d&fich=pjl780-X.doc&Inline=false
1 DRAFT law no 780/X/4th "establishes the legal regime of work at home" explanatory memorandum the Decree-Law No. 440/91 of 14 November, regulated for the first time in our legal system the material relating to the work at home scheme, as provided for in article 2 of the Legal Regime of the contract of employment, approved by Decree-Law No. 49 408 of 24 November 1969. For more than a decade this cool device established the set of fundamental rules relating to work at home. Subsequently, with a view to simplifying the legislation and based on the objective of systematization and codification of labour law, laws Nos. 99/2003 of 27 August and 35/2004, of 29 July, regulated the work at home, your clarifying the scope. Finally, in compliance with the governmental decision to review the labour legislation in accordance with what was poured in the 17TH Constitutional Government program, the labour code, on your current version approved by law No 7/2009, of 12 February, consecrated in your article 10 situations regarded as employment contracts, which of course if subsume the provision of home workers determine the need for the regulation of home workers, in particular degree. Thus, by means of this draft law is the regulation of the labour regime at home, organizing the more intelligible and accessible, being predictable gains in terms of effective normative content your disclosure by recipients and thus also regarding your compliance. It should be noted that the specific regulation that proposes is not intended to introduce profound changes to the legal framework currently in force, but only materialize the 2 policy enshrined in instruments previously referenced, correct situations that have proved to be misplaced in your practical application. The present draft law clarifies and complements the regime currently in force, particularly in the following aspects: Eliminates the current number of 4 workers working at home or in a facility, such as situation bound to the application of the system of home workers; Regulates the regime of work of less than help a relative on work at home; Provides expressly that the labor costs involved in particular activities relating to energy, water, communications, purchase and maintenance of equipment, are the beneficiary of the activity and charges must be met in determining the remuneration of the work in the home; Clarifies that the amendment of the amount of the remuneration, due to a defect in the execution of the activity or damage of raw material belonging to the beneficiary of the activity, can only be based on criteria previously agreed in writing; It is expected that in the year of cessation of provision of work, the employee is entitled to an allowance equal to one twelfth of the sum of remuneration received in each calendar year; Clarify the regime of cessation of provision of home workers; at the level of the administrative scheme, and as legislative option adopted in the new labour code, join the frame against-ordenacional to each of the regulatory provisions.
Thus, the Members of the Socialist Party petitions present, in accordance with legal and constitutional regulations applicable, the following Bill: 3 article 1 Scope 1-this law regulates the provision of activity, without subordination, at home or in the worker's installation, as well as that occurs for, after buying the raw material, provide the finished product by price to the seller for her provided that in any case the worker is dependent on the beneficiary of economic activity. 2-we understand the previous paragraph the situation where several workers without subordination or dependency with each other, perform the activity for the same beneficiary, at home or installing one of them. 3-the provisions of paragraph 1 is still applicable: a) the home worker to be assisted in providing activity as a member of your household; b) When, for safety or health reasons related to the employee or to the household, the activity will run away from home or facility that, since it is not in the recipient's installation of the activity.
Article 2 prohibition of work at home 1-the recipient of the activity cannot hire worker at home for production of goods or services on which join worker covered by the following situations: the temporary Reduction of the normal period) or suspension of the employment contract by the employer that, since the beginning of the respective procedure and until three months after the expiry of the situation; b) procedure for collective redundancies or for the termination of the job and up to three months after the termination of employment contracts. 2-the recipient of the activity cannot renew the assignment of work to home worker hired in the 60 days before commencement of any of the procedures referred to in the preceding paragraph. 3 – Constitutes a serious infraction violation of provisions of this article.
Article 3 Work of less 1-less than assist the employee at home, in the situation referred to in point (a)) of paragraph 3 of article 1 shall apply the provisions laid down in the following paragraphs. 2-the minor under the age of 16 years may provide the activity provided you have completed compulsory education, and in the case of light work. 4 3-are applicable to the exercise of the activity limitations laid down in the contract of employment concluded with a minor, in particular as regards the protection of health, safety and development of this, duration and organization of working time. 4-considered to be light work for the purposes of paragraph 2 as such defined in the employment contract entered into with a minor.
Article 4 rights and obligations of the parties 1-the beneficiary of the activity must respect the privacy of the worker at home and rest times and rest periods in the household. 2-the recipient of the activity can only visit the workplace to monitor the employment of the worker and of compliance with the health and safety rules, particularly as regards the use and operation of equipment, in normal working day, between 9 and 19 hours and with the assistance of the employee or person designated by him. 3-for the purposes of the preceding paragraph, the beneficiary of the activity must inform the worker of the visit to the workplace with minimum antecedence of 24 hours. 4-the worker is obliged to keep confidentiality about techniques and models that are entrusted to him, as well as to observe the rules of use and operation of equipment. 5-the worker cannot give the raw material and the equipment supplied by the beneficiary of the diverse use of activity inherent in the provision of this activity. 6 – Constitutes a serious infraction the breach of the provisions of paragraph 2 and mild infraction violation of paragraph 3.
Article 5 safety and health at work 1-the home worker is covered by legal regimes concerning the safety and health at work and accidents at work and occupational diseases, and for this purpose the beneficiary of the activity the position of employer. 2-in the work done in the home or facility, it shall be prohibited to use: a) harmful substances or dangerous to the health of the worker or of the household; b) equipment or tools that do not comply with the standards in force or present risk to the worker, members of your household or any third party. 3-Constitutes a serious infraction the breach of the provisions of paragraph 2.
5 article 6 1 Professional Training-the recipient of the activity must provide to the worker at home training to your provision, which must not be less than that provided to workers who perform identical work in establishing in whose production process is part of the activity for that. 2-Constitutes a serious infraction the breach of the provisions of the preceding paragraph.
Article 7 Remuneration 1-in determining the remuneration of the work in the home, must meet: a) The average time of execution of the good or service and the compensation established in collective labour regulation instrument applicable to similar work done in establishment on whose production process is part of the activity or, in your absence, the minimum monthly wage; and (b)) To the worker's burden inherent in the pursuit of the activity, in particular relating to energy, water, communications, purchase and maintenance of equipment. 2-Any change in the amount of the remuneration payable to a defect in the execution of the activity or damage of raw material belonging to the beneficiary of the activity can only be made based on criteria previously agreed in writing. 3-for the purposes of paragraph 1, it is considered average execution normally spent in performing identical work in establishing in whose production process is part of the activity carried out. 4-except or use diverse, the compensation credit WINS with the presentation by the employee of the goods or services. 5-at the time of payment of the remuneration, the beneficiary of the activity must provide the worker at home stating the identification document that, the full name of this, the number of social security beneficiaries, the amount, the nature and the duration of the work payments, discounts or deductions and net amount receivable. 6-Constitutes a serious infraction the breach of the provisions of paragraphs 1, 2 or 4 and against-take the breach of the provisions of paragraph 5.
6 article 8 annual Allowance 1 – the home worker is entitled to an allowance equal to one twelfth of the sum of remuneration received in each calendar year, which expires 31 December of each year or on the date of termination of the contract if earlier. 2-Constitutes a serious infraction the breach of the provisions of the preceding paragraph.
Article 9 Compensation for the suspension or reduction of activity 1 – suspension or reduction in activity due to the fault of the beneficiary of this, not recovered within three months, gives the home worker the right to financial compensation in order to make up for the period concerned, half the remuneration that it matches or not possible your clearance half the average of the last twelve months remuneration, or the months of execution of contract of less than. 2-Constitutes a serious infraction the breach of the provisions of the preceding paragraph.
Article 10 termination of employment 1-the worker may terminate the contract in writing at least seven or 15 days, depending on the contract lasted until six months or more than six months, respectively, unless you have task running, in which case the notice refers to the term of the implementation with the maximum of 30 days. 2-the recipient of the activity may by written notice at least 7, 30 or 60 days, depending on the contract has lasted for up to six months, up to two years or more, respectively, cancel the contract for the term of execution of the task or solve the contract justification not attributable to any of the parties. 3-Any of the parties can settle the contract by reason of default of the other party, in writing and without prior notice. 4-unless otherwise agreed, the lack of work that results in the inactivity of the worker for a period exceeding 60 consecutive days, entails the revocation of the contract from this date, provided that the beneficiary of the activity report in writing to your case. 5-in the event of termination of employment, if the employee refuses to return the tools or other property belonging to the beneficiary of the activity is responsible for the damages caused, without prejudice to the criminal liability that there is place for breach of fiduciary obligations. 7 article 11 compensation and compensation 1-non-observance of a period of notice provided for in the previous article gives the other party the right to compensation in the amount of the remuneration corresponding to the period of notice. 2-the insubsistência of the reasons alleged by the beneficiary of the activity for termination of the contract pursuant to paragraphs 2 or 3 of the previous article, gives the employee the right to compensation equal to 60 or 120 days of pay, depending on the contract lasted up to two years or more than two years, respectively. 3-In case of expiry of the contract in accordance with paragraph 4 of the preceding article, the employee is entitled to compensation equal to 60 or 120 days of pay, depending on the contract lasted up to two years or more than two years, respectively. 4-for the purposes of calculation of damages or compensation, taking into account the average of the salaries received in the last 12 months or in performance of the contract, in case of less than.
Article 12 registration of home worker 1-the recipient of the activity should be kept in the establishment in which the production process is part of the activity carried out an up-to-date register of homeworkers, which included: a) name, address and location of the pursuit of the activity of the worker; b) number of beneficiaries of social security; c) insurance policy number of accidents at work; d) start date of the activity; and the activities exercised duties) of execution of goods or services and their delivery dates; f) remuneration. 2-Constitutes a serious infraction the breach of the provisions of the preceding paragraph. 3-beneficiary of the activity must communicate, pursuant to order of the Minister responsible for labour area, the competent Ministry inspection service responsible for labour area, the elements referred to in paragraph 1.
8 article 13 Supervision of home work 1 – service with competence of the Ministry responsible for inspection work area can only carry out visits to places of work at home: a) In physical space where the activity is conducted; b) between 9 and 19 hours; c) in the presence of the worker or of a person designated by him aged 16 years or more. 2-the stage is drawn up its auto, which must be signed by the Inspector and inspection by the person who has witnessed the Act. 3-When the activity is exercised in the worker's installation, the service referred to in paragraph 1 shall, as soon as possible, the conditions under which the work is provided and, where applicable, determine the measures which are justified on grounds of safety and health of the worker.
Article 14 system of administrative offences Are applicable to offences arising from the violation of this law the process of constant employment of specific degree offenses, as well as the provisions of the labour code on administrative liability.
Article 15 social Security workers at home and the beneficiary of the activity are covered as beneficiary and contributor, respectively, by the general social security system of the employees, as provided for in specific legislation.
Article 16 entry into force this law shall enter into force on the first day of the month following the month of your publication.
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