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Establishes The Legal Regime Of Work At Home

Original Language Title: Estabelece o regime jurídico do trabalho no domicílio

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DRAFT LAW NO. 780 /X/4.

"Establishes the legal regime of the work at the domicile"

Exhibition of reasons

The Decree-Law No. 440/91 of November 14, regulated for the first time in our

legal planning matters concerning the scheme of the work at the domicile, as

provided for in Article 2º of the Legal Regime of the Individual Contract of Work, approved

by Decree-law no. 49408 of November 24, 1969.

For more than a decade this legal device has established the set of standards

fundamental relative to the work at the domicile.

Subsequently, with a view to the simplification of the legislation and on the basis of the objective of

systematization and codification of labour law, the Laws 99/2003, of August 27 and

35/2004, of July 29, regulated the work on the domicile, clarifying its scope of

application.

Finally, in the performance of the government decision to revise the labour law in

compliance with what has been verted in the XVII Constitutional Government Programme, the

Labour Code, in its current version adopted by Law No 7/2009 of February 12,

has enshrined in its Article 10º, the situations equated with contracts of employment, to which

naturally if it subsumes the provision of work at the household, determining, the

need to proceed to the regulation of work at home, in diploma

specific.

Thus, through the present draft law proceeds to the regulation of the scheme of the

work in the domicile, organizing it in a more intelligible and accessible way, being predictable

the gains in the level of the effective disclosure of its normative content by the recipients and,

so, also with regard to their compliance.

It should be mentioned that the specific regulation that it is proposed does not intend to introduce

profound changes to the legal regime currently beholdant, but so only to materialize the

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political orientation enshrined in the instruments previously referenced, taking advantage of

to correct situations that have revealed themselves to be unadjusted in their practical application.

Thus, the present draft law clarifies and complements the scheme currently in force,

particularly in the following aspects:

 Eliminates the current number of 4 workers to work at home or in

installation of one of them, as a boundary situation for the implementation of the labour regime

at home;

 Regulate the scheme of the work of the minor who helps a family member at work in the

Household;

 Provides expressly for the burden of the worker inherent in the exercise of the

activity, particularly relating to energy, water, communications, procurement and

maintenance of equipment, are charges of the beneficiary of the activity and must

be met in the determination of the remuneration of the work at the domicile;

 Clarifies that the change in the amount of the remuneration, due to the defect in the

performance of the activity or the damage of raw material belonging to the

beneficiary of the activity, can only be carried out on the basis of criteria beforehand

agreed in writing;

 Predicts that in the year of the cessation of the provision of work, the worker is entitled

to an allowance equal to the twelfth of the sum of the earned remunerations in each

calendar year;

 Clarifies the cessation of the termination of the provision of work at the domicile;

 At the level of the counter-ordinance regime, and the similarity of the legislative option

adopted in the new Labour Code, goes on to associate with the frame against-

Ordinance to each of the normative provisions.

Thus, the Deputies of the undersigned Socialist Party present, in the terms

applicable constitutional, legal and regimental, the following Draft Law :

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Article 1º

Scope

1-A This Law regulates the provision of activity, without legal subordination, at the domicile

or at the installation of the worker, as well as the one that occurs for, after purchasing the matter-

prima, provide the finished product for certain price to the seller of it, provided that in

any case the employee is in the economic dependence of the beneficiary of the activity.

2-It is understood in the preceding paragraph the situation in which several employees without

legal subordination or economic dependence among each other, carry out the activity for the

even beneficiary, at the domicile or installation of one of them.

3-The provisions of paragraph 1 shall still apply:

a) The worker at the domicile who is coadjured in the provision of activity by

member of your household;

b) when, for reasons of safety or health concerning the worker or the household

family, the activity is performed outside of the domicile or installation of that, provided that

not to be in installation of the beneficiary of the activity.

Article 2º

Prohibition of work at home

1-The beneficiary of the activity may not hire worker at home for

production of goods or services in which you participate in an employee covered by the following

situations:

a) Temporary reduction of the normal period of work or suspension of the contract of

work by fact concerning the employer, from the beginning of the respective

procedure and up to three months after the end of the situation;

b) Procedure for collective dismissal or by extinction of the job and

up to three months after the cessation of employment contracts.

2-The beneficiary of the activity may not renew the assignment of work to the employee in the

Household contracted in the 60 days prior to the start of any of the procedures

referred to in the previous number.

3-Constitute counter-ordinance grave the violation of the provisions of this article.

Article 3º

Work of minor

1-A minor that coadjuves the worker at the domicile, in the situation referred to in point a)

of Article 1º (3), the provisions of the following paragraphs shall apply.

2-The minor under the age of 16 years may provide the activity as long as it has

completed compulsory education and treat yourself to light work.

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3-They shall apply to the exercise of the activity the limitations set out in the scheme of the

contract of employment concluded with a minor, particularly in respect of protection of the

health, safety and development of this, duration and organization of the working time.

4-Light work is considered for the purposes of paragraph 2 as such defined in the scheme of the

contract of employment concluded with a minor.

Article 4º

Rights and duties of the Parties

1-The beneficiary of the activity must respect the privacy of the worker at home and

the times of rest and rest of the household.

2-The beneficiary of the activity can only visit the place of work for control of the

labour activity of the employee and the respect of safety and health rules,

particularly with regard to the use and operation of equipment, on a day

normal of work, between nine and 19 pm and with the assistance of the employee or

person by him assigned.

3-For the purposes of the preceding paragraph, the beneficiary of the activity shall inform the

worker of the visit to the workplace in minimum 24 hours advance notice.

4-The worker is obliged to keep secrecy about techniques and models that are

entrusted, as well as to observe the rules for the use and operation of the

equipment.

5-The worker cannot give the raw material and the equipment provided by the

beneficiary of the activity's diverse use of the inherent in the provision of such activity.

6-Constitute counter-ordinance serious violation of the provisions of paragraph 2 and counter-ordinance

take the violation of the provisions of paragraph 3.

Article 5º

Safety and health at work

1-The worker at the domicile is covered by the legal regimes concerning safety and

health at work and accidents at work and occupational diseases, taking over for the

effect the beneficiary of the activity to the position of employer.

2-In the work carried out at the home or facility of the worker, the use is prohibited

from:

a) noxious or dangerous substances for the health of the worker or household;

b) Equipment or utensils that do not comply with the standards in force or present

special risk to the worker, members of their household or third parties.

3-Constitute counter-ordinance grave the violation of the provisions of paragraph 2.

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Article 6º

Vocational training

1-The beneficiary of the activity must assure the employee at home training

appropriate to its provision, which shall not be lower than the proportionate to the worker who

conduct identical work in establishment in whose productive process falls into

activity by that provided.

2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.

Article 7º

Remuneration

1-In the determination of the remuneration of the work at the domicile, it shall meet:

a) At the mean time of execution of the good or service and the consideration set out in

instrument of collective work regulation applicable to identical work

provided in establishment in whose productive process is to be carried out

carried out or, failing that, to the guaranteed monthly minimum consideration; and

b) to the burden of the employee inherent in the performance of the activity, in particular

relating to energy, water, communications, procurement and maintenance of equipment.

2-Any change in the amount of remuneration due to defect in the execution of the

activity or the damage of raw material belonging to the beneficiary of the activity only

may be made on the basis of previously agreed criteria in writing.

3-For the purposes of paragraph 1, the average running time is considered to be normally

expended on the execution of identical work in establishment in whose process

productive if it inserts the activity carried out.

4-Unless otherwise agreed or use divers, the credit to the remuneration is due to the presentation by the

worker of the goods or services due.

5-In the act of payment of remuneration, the beneficiary of the activity shall deliver to the

worker in the domicile document of which it consents the identification of that, the name

complete of this, the number of beneficiary of social security, quantity, nature and the

period of the provision of the work, the discounts or deductions and the net amount to

receive.

6-Constitute counter-ordinance grave the violation of the provisions of paragraphs 1, 2 or 4 and against-

mild ordinance the violation of the provisions of paragraph 5.

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Article 8º

Annual allowance

1-The worker at the domicile is entitled to an allowance equal to the twelfth of the sum of the

compensation earned in each calendar year, which is due on December 31 each year

or on the date of termination of the contract if earlier.

2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.

Article 9.

Compensation during suspension or reduction of activity

1-A suspension or reduction of activity by fact attributable to the beneficiary of this, no

recovered in the following three months, gives the worker in the domicile the right to

cash compensation for the way to be pervated, in relation to the period in question, half of the

remuneration that corresponds to you or, not being possible for your clearance, half of the

average compensation of the last twelve months, or of the months of performance of contract of

lower duration.

2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.

Article 10.

Termination of the contract

1-The employee may denounce the contract by written communication with the

minimum advance of seven or 15 days, depending on the contract has lasted for up to six months

or more than six months, respectively, saved if you have work incumbent in

execution, in which case the prior notice refers to the term of the execution with the maximum of 30

days.

2-The beneficiary of the activity can, by written communication in advance

minimum of 7, 30 or 60 days, depending on the contract has lasted for up to six months, up to two

years or by higher period, respectively, denouncing the contract for the term of

execution of the job incumbent or resolve the contract by reason justifying no

attributable to any of the parties.

3-Any of the parties may resolve the contract by reason of default of the other

part, upon written communication and with no need for prior notice.

4-Unless otherwise agreed, the lack of work that originates the inactivity of the worker

by a term of more than 60 consecutive days, implies the expiry of the contract from this

date, provided that the beneficiary of the activity communicates in writing to its occurrence.

5-In the event of termination of the contract, if the employee refuses the return of the

instruments of work or other goods belonging to the beneficiary of the activity is

responsible for the damage caused, without prejudice to the criminal liability to which there is

place for the violation of the obligations of the faithful depositary.

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Article 11º

Compensation and compensation

1-A failure to comply with advance notice provided for in the previous article confers on the other

part the right to compensation in the amount of remuneration corresponding to the period of

prior notice in foul.

2-A the inlivelihood of the reasons alleged by the beneficiary of the activity for resolution of the

contract, pursuant to paragraphs 2 or 3 of the preceding Article, gives the employee the right to

compensation equal to 60 or 120 days ' pay, depending on whether the contract has lasted

up to two years or more than two years, respectively.

3-In the event of the expiry of the contract pursuant to paragraph 4 of the preceding Article, the

worker is entitled to compensation equal to 60 or 120 days ' pay, depending on the

contract has lasted for up to two years or more than two years, respectively.

4-For the purpose of calculation of compensation or compensation, take into account the average

of the remunerations earned in the last 12 months or in the months of performance of the contract,

case is of lower duration.

Article 12º

Registration of worker at home

1-The beneficiary of the activity shall maintain in the establishment in whose process

productive if it inserts the activity carried out an up-to-date record of workers in the

household, from which it consents:

a) Name, abode and place of the exercise of the worker's activity;

b) Number of beneficiary of social security;

c) Number of the insurance policy for accidents at work;

d) Start date of the activity;

e) Activity exercised, the incumbencies of execution of goods or services and the respective

delivery dates;

(f) paid remuneration.

2-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph.

3-The beneficiary of the activity shall communicate, in the terms provided for in the portaria of the

minister responsible for the labour area, at the service with inspective competence of the

ministry responsible for the labour area, the elements referred to in paragraph º1.

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Article 13º

Surveillance of work at home

1-The service with the inspective competence of the ministry responsible for the labour area only

may carry out visits to the places of work at the domicile:

a) In the physical space where the activity is carried out;

b) between 9 and 19 pm;

c) In the presence of the worker or person by him designated with equal age or

higher than 16 years.

2-From the due diligence is washed the respective auto, which must be signed by the agent of

supervision and by the person who has assisted the act.

3-When the activity is carried out at the facility of the worker, the service referred to in the

n. 1 shall, in the shortest possible time, ascertain the conditions under which the work is

provided and, where appropriate, to determine the measures that are warranted for reasons of

safety and health of the worker.

Article 14º

Regime of counter-ordinations

They shall apply to the counter-ordinances arising from the violation of this Law the regime of the

process of the constant labour counter-ordinations of specific diploma, as well as the

provisions of the Code of Labor on counterordinational liability.

Article 15.

Social security

The worker at home and the beneficiary of the activity are covered, as

beneficiary and taxpayer, respectively, by the general social security scheme of the

workers on an account of outrain, under the terms provided for in specific legislation.

Article 16.

Entry into force

This Law shall come into force on the 1. day of the month following that of its publication.

The Deputies,

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