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PROPOSED LAW NO. 285 /X/4.

Exhibition of Motives

The previous Labor Code, passed by Law No. 99/2003 of August 27, proceeded

to the revision and unification of labour law, until then dispersed by numerous diplomas.

Significant part of its provisions came into force later than was anticipated, by

have to wait for the entry into force of Law No 35/2004 of July 29, which, by following

the systematizing concern of the Code, finds itself organized by chapters that

correspond, as a rule, following the provisions of the Code that take care of

regulatory.

Giving fulfillment to such commands and, on the other hand, to what has left vert in his

Programme, the XVII Constitutional Government has set out a strategy to revise the legislation

labour. After the work of assessing the impact of legislation on social reality and

economic and the diagnosis of the needs for legislative intervention, the XVII Government

Constitutional has been fostered its debate within the social dialogue and boosting its

discussion, at the headquarters of social concertation.

It is in this context that the Resolution of the Council of Ministers No. 160/2006, 30 of

November, created the Committee on the White Paper of Labor Relations (CLBRL), composed

by a group of experts with the mission to produce a diagnosis the needs of

legislative intervention, taking into account the set of conclusions verted in the Green Paper,

particularly in employment, social protection and labour relations.

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The White Paper of Labor Relations (LBRL), final report of the Commission that was

published in November 2007 and which constituted, also he, the target of debate at the headquarters of

Standing Committee on Social Concertation (CPCS), identifies the main problems of the

economic and social reality of the country and sets out the proposals for legislative intervention that

considers it suitable.

Among the various proposals is one concerning the systematization. Thus, it was proposed that the

legislative acquis should have the following composition:

-A Labor Code with a number of articles lower than the set of the

Code and Law No. 35/2004 of July 29, totals at present;

-Five extravagant laws: health and safety at work, work at home, background of

wage guarantee and non-voluntary arbitration;

-A regulatory diploma from the Code.

It is in the wake of these events that the XVII Constitutional Government, on April 22

of 2008, presents to the CPCS a document that should serve as a basis for the formalisation of a

new agreement on the regulation of labour relations, social protection and

employment, in which it is reflected in the reception of the generality of the proposals submitted

by CLBRL, in the matter of systematization and simplification of legislative instruments in

vigour, in particular, of the Labour Code and its Regulation.

It is in this programmatic framework and with this scenario of intensive and broadened debate that the

Government and most of the partners with seat in CPCS reached, on June 25,

2008, the tripartie agreement that has been at the root of the legislative initiative that is now

concretiza, which will be complemented by specific interventions in the area of protection

social and employment, and which is, therefore, the result of an enlightened reflection,

participatory and sedimented over a period of two years.

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In the follow-up to CLBRL's proposal was reached in the " Tripartid Agreement for a new

System of Regulatory Relations of Labour Relations, Employment and Protection Politics

Social in Portugal " a broad consensus as to the systematic of the labour law acquis.

Thus, they agreed upon the social partners and Government in the following systematization of the schemes

of the Code of Labour and Law No. 35/2004 of July 29:

Be integrated into the Code of Labour, in a unified manner, the following schemes,

partially regulated in the said Law:

-Posting of workers (Articles 7 to 8 of the Code and 11 and 12 of the Law n.

35/2004, of July 29);

-Personality rights (Articles 15 to 21 of the Code and Articles 27 to 29 of the Law n.

35/2004, of July 29);

-Equality and non-discrimination (Articles 22 to 30 of the Code and Articles 31 to 40 of the Law n.

35/2004, of July 29);

-Protection of motherhood and parenthood (Articles 33 to 51 of the Code and Articles 67 to

83. of Law No. 35/2004 of July 29);

-Work of minors (Articles 53 to 70 of the Code and 115 of Law No 35/2004, 29 of

July);

-Worker-student (Articles 79 to 84 of the Code and Articles 148 to 156 of the Law n.

35/2004, of July 29, with the exception of Article 155 on specificities of frequency

of educational establishments that will pass for diploma on regulation of the Code);

-Foreign Worker or stateless person (Articles 86 to 90 of the Code and Articles 158 and 159.

of Law No. 35/2004 of July 29);

-Vocational training (Articles 123 to 125 and 137 of the Code and articles 161 to 169 of the

Law No 35/2004 of July 29); Article 170 of Law No. 35/2004 of July 29 on

report of continuing education, should integrate diploma on regulation of the Code;

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-Working Hours (Articles 170 to 179 of the Code and Articles 178 to 182 of the Law n.

35/2004, of July 29);

-Night work (Articles 192 to 196 of the Code and Articles 184 to 186 of the Law n.

35/2004, of July 29);

-supplementary work (Articles 197 to 204 of the Code and 188 and 189 of the Law No 35/2004,

of July 29);

-Faltas (Articles 224 to 232 of the Code and Articles 203 and 204 of Law No 35/2004 of 29 of

July);

-Retribution and other patrimonial assignments (Articles 249 to 271 of the Code and articles

207 to 210 of Law No 35/2004 of July 29);

-Reduction of the activity and suspension of the contract of employment (Articles 330 to 353 of the

Code and Articles 293 to 299 of Law No 35/2004 of July 29);

-Failure to comply with the contract of employment (Articles 363 and 364 of the Code and Articles 301 to

307. of Law No. 35/2004 of July 29); the regime of the resolution of the contract of employment

on the part of the employee on the grounds of the lack of punctual payment of the consideration

(Article 308 of Law No. 35/2004) is to be integrated into the corresponding part of the chapter

of the termination of the employment contract, and the regime of the suspension of executions (Articles 310 to

314. of Law No. 35/2004 of July 29) is to be integrated into the regulation of the

Code;

-Trade Union associations, whose regime of the Code should integrate Articles 397, 398 and

400 to 403 of Law No 35/2004 of July 29;

-Employee's commissions (Articles 461 to 470 of the Code and Articles 328 to 364 of the Act

n. 35/2004 of July 29);

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-Participation in the elaboration of the work legislation (Articles 524 to 530 of the Code and

article 405 of Law No 35/2004 of July 29);

-Regarding the regime of safety, hygiene and health at work and accidents of

work and occupational diseases, fundamental standards should appear in the Code of the

Work; the remaining regulation will build on specific legislation, which it will contain

also the regime for the protection of the genetic heritage of Articles 41 to 65 of the Law n.

35/2004, of July 29.

It should be integrated into specific laws:

-The scheme of the work at home (Articles 14 to 26 of Law No. 35/2004 of July 29);

-The regimes of maritime labour and road transport;

-The scheme of the European company council (Articles 471 to 474 of the Code and articles

365 to 395 of Law No 35/2004 of July 29);

-The scheme of the Salarial Guarantee Fund (Articles 316 to 325 of Law No 35/2004);

-The regime on safety, hygiene and health at work, accidents at work and diseases

professionals constant of the provisions of the Code (Articles 272 to 312) that are not

integrated in this as fundamental standards, as well as the norms of Law No. 35/2004

on safety, hygiene and health at work (articles 212 to 278) and on protection of the

genetic heritage (articles 41 to 65); still, the regimes of prohibited activities or

conditioned the pregnant, puerpera or lactating worker (Articles 84 to 98 of the Law n.

35/2004, of July 29) and of the protection of the work of minor (Articles 116 to 126 of the Law

n. 35/2004 of July 29);

-The scheme of compulsory arbitration, as well as arbitration for definition of services

minimums, in the part not integrated into the Labour Code (Articles 569 and 599 of the Code and

articles 407 to 449 of Law No 35/2004 of July 29).

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In so far as they cannot be integrated into own legislation, they should be integrated

in diploma in regulation of the Labour Code the following regimes of Law n.

35/2004, of July 29, or of the Code:

-Participation of minor in spectacles or other cultural, artistic or

advertisement (Articles 138 to 146 of Law No 35/2004 of July 29);

-Period of operation (Article 176 of Law No 35/2004 of July 29);

-Verification of diseases (Articles 191 to 201 and 206 of Law No 35/2004 of July 29);

-Personnel tables and social balance sheet (Articles 452 to 464 of Law No. 35/2004, 29 of

July), annual report of Safety, Hygiene and Health at Work and Annual Report of

Training;

-Staff-student status, in the part concerning the frequency of establishment of

teaching (Articles 148 (2) (2) b ), 155 and 156 of Law No 35/2004 of July 29);

-Social security schemes in situations regulated in the labour legislation;

-Subsidies in the event of flawings or licences in the context of maternity protection or

paternity (Articles 103 to 106 of Law No 35/2004 of July 29);

-Effects of licences in the rate of formation of the disability pension or old age (Article 50, para.

3 of the Code);

-Inscription on the social security of minor worker (Article 53 (4) of the Code);

-Preretirement (Articles 357 (2) and 362 of the Code);

-Social security and insurance of temporary worker work accidents (Article 41 para.

of Law No. 19/2007 of May 22);

-Unemployment Benefits in case of suspension of contract of employment for lack of

punctual payment of the consideration (Articles 306 and 315 of Law No 35/2004 of July 29);

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-Contributions to social security in case of disciplinary sanction of suspension of the

work with loss of retribution (Article 370 (2) of the Code).

Following the publication of Law No. 7/2009 of February 12, which approved the new

Labour Code, the Act No 99/2003 of August 27 and the Law No 99/2003 were repealed.

35/2004, of July 29.

The February 12, 2009 was published the new Labor Code by Law No. 7/2009,

of February 12, with new systematic and greater simplification, the one that increased the purge

of the Code of all subjects that did not have a labour nature.

It is now important to carry out the regulation of the new Labour Code in the wake of the

"Tripartid Agreement".

The proposed legal regime is deeply based on the previous Regulation of the

Code, although it presents significant changes with a view to introducing a larger

effectiveness.

The proposed legal regime regulates the following subjects:

-Participation of minor in spectacles or other cultural, artistic or

advertisement;

-Period of operation;

-Verification of diseases;

-Information on the social activity of the company;

-Staff-student status, in the part concerning the frequency of establishment of

teaching;

-Vocational Training-Training Plan;

-Unemployment Benefits in case of suspension of contract of employment for lack of

punctual payment of the consideration;

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Aiming to follow up on the new commitment between rights and labour duties present

in the new Labour Code with a view to the extra effectiveness of the normative framework

existing and considering the impact of legislation on social and economic reality, they must

be heard the self-governing bodies of the Autonomous Regions and, upon discussion

public to be held in the Assembly of the Republic, shall be ensured all the

procedures necessary for the guarantee of the participation of the representative structures of the

workers and employers, in accordance with the provisions of Articles 470 and 472.

of the Labour Code

Thus:

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

Assembly of the Republic the following proposal for a law:

Chapter I

Object and scope

Article 1.

Object and scope

1-A This Law regulates the following subjects:

a) Participation of minor in activity of a cultural, artistic nature or

advertisement, referred to in Article 81 of the Labour Code, with the extension

the autonomous work of minor under the age of 16 years arising from the paragraph 4

of Article 3 of Law No 7/2009 of February 12;

b) Specificities of the frequency of educational establishment by worker-

student;

c) Aspects of vocational training;

d) Period of laboration in accordance with that provided for in Article 201 (4) of the

Code of Labour;

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e) Situation check of worker disease, according to the forecast in the

n Article 254 (3) of the Labour Code;

f) Unemployment benefits in the event of a suspension of the contract of employment by the

worker on the grounds of non-payment punctual consideration of the consideration, provided for

in Article 325º (1) and (2) of the Labour Code;

g) Suspension of runs when the executed is worker with retributions

in mora;

h) Periodical information on the social activity of the company.

2-The regime referred to in point b) of the previous number partially transposes to the

internal legal order to Council Directive No 94 /33/CE of June 22, 1994,

on the protection of young people at work.

Chapter II

Participation of minor in activity of a cultural, artistic nature or

advertisement

Article 2.

Activities allowed to minor

1-The minor may participate in spectacle or other activity of a cultural nature,

artistic or advertising, specifically as an actor, singer, dancer, fig., musician,

model or mannequin.

2-A The situation provided for in the preceding paragraph may not involve contact with animal or

dangerous activity that may pose a risk to the safety or health of the minor .

3-Constituent counterordinate very serious, attributable to the promoter entity of the activity,

the violation of the provisions of the preceding paragraph, and the ancillary sanction of

advertising, in the general terms, and still, taking into account the gravy effects for the minor

or the economic benefit withdrawn by the promoter entity:

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a) Interdiction of the exercise of profession or activity whose exercise depends on

public title or authorization or type approval of public authority;

b) Deprivation of the right to allowance or benefit heard by entity or service

public;

c) Closure of establishment whose operation depends on authorisation

or license of administrative authority.

Article 3.

Duration of the period of participation in activity

1-A participation of the minor in the activity, including tests and other preparatory acts,

may not exceed, depending on the age of that:

a) Less than one year, one hour per week;

b) From one to less than three years, two hours a week;

c) From three to less than seven years, two hours a day and four hours a week;

d) From seven to less than 12 years, three hours a day and nine hours a week,

may any of the limits be exceeded up to three hours in case the addition of

activity occurs on a day without school activities;

e) From 12 a to less than 16 years, four hours a day and 12 hours a week,

may any of the limits be exceeded up to three hours in case the addition of

activity occurs on a day without school activities.

2-During the period of lessons, the activity of the minor should not coincide with the schedule

school, respect a minimum interval of one hour between it and the frequency of classes and not

impossible in any way to participate in school activities.

3-A The activity of the minor should be suspended at least one day per week, coincident

with day of rest during the period of classes.

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4-A activity can be carried out in half of the school holiday period and cannot

exceed, depending on the age of the minor:

a) From six to less than 12 years, six hours a day and 12 hours a week;

b) From 12 a to less than 16 years, seven hours a day and 16 hours a week.

5-In situation referred to in points c) a e) of paragraph 1 or in the preceding paragraph, there shall be a

or more pauses of at least 30 each, so that the consecutive activity

is not more than half of the daily period referred to in those precepts.

6-The minor can only carry on the activity between eight and 20 hours or, having equal age

or more than seven years and only to participate in cultural-nature performances or

artistic, between the ages of eight and 24 pm.

7-Paragraphs 1 a to 5 shall apply to the minor who is covered by compulsory education.

8-Constitute counterordinate very serious, attributable to the promoter entity, the violation of the

provisions of this Article, and the ancillary sanctions referred to in paragraph 3 may be applied

of the previous article.

Article 4.

Liability for accidents at work

1-The minor is entitled to repair of emerging damage from work accident, in the

the terms of the corresponding general scheme, assuming, for this purpose, the promoter entity

the position of employing.

2-A promoter entity must transfer responsibility for accident of work to

entity authorized by law to carry out this insurance.

3-Constitute counter-ordinance grave the violation of the provisions of the preceding paragraph, and may

be applied for the ancillary sanctions provided for in Article 2 (3) in the event of a recidivism

in counterordinance practiced with dolo or gross negligence.

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Article 5º

Authorization or communication of participation in activity

1-A The participation of a minor in activity referred to in Article 2 is subject to authorisation

or communication.

2-A communication can only take place in the case of participation that decorates in a period of

24 hours and respect the minor with at least 13 years of age who has not participated,

in the previous 180 days, in activity referred to in Article 2.

3-It is competent for the authorisation and to receive the communication referred to in paragraph 1 a

Child and Youth Protection Commission (CPCJ) whose area covers the domicile of the

minor or, failing that, the one whose head office is closest, functioning in committee

restricted.

4-A The authorisation is valid for the period of the participation of the minor in the activity to which

respects, at the maximum of nine months, and must be renewed whenever participation is

of higher duration.

5-Constitute counterordinate very serious, attributable to the promoter entity, the violation of the

provisions of paragraphs 1, 2 or 4, the ancillary sanctions may be applied for in paragraph 3

of Article 2 para.

Article 6.

Application for a permit for participation in activity

1-A The promoter entity of the activity requires the written permission, indicating the

following elements:

a) Identification and date of the birth of the minor;

b) Educational establishment frequented by the minor if this is covered

by compulsory education;

c) Activity in which the minor will participate and place where the same takes place;

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d) Type of participation of the minor, refered through detailed synopsis;

e) Duration of the participation of the minor, which may be for one or several actuations,

for a season or other right term, or still the period in which the

spectacle stays on poster or other uncertain deadline;

f) Number of daily and weekly hours of activity of the minor in acting and acts

preparatory;

g) Person available to, being a case of this, surveil the participation of the minor.

2-The application must be instructed with:

a) Certificate that the minor has adequate physical and mental capacity to the

nature and the intensity of its participation, issued by the doctor of the work of the

promoter entity, after hearing the assistant doctor of the minor;

b) Declaration of school hours and information on school use of the

minor covered by compulsory education, issued by the establishment of

teaching;

c) Authorization of the legal representatives of the minor, who should mention the

elements referred to in points c) a f) of the previous number;

d) Opinion of union and association of representative employers on the

compatibility between the predicted participation and the age of the minor or, in the absence of

response, proof that the same has been requested at least five working days before

of the submission of the application;

e) Assessment of the promoter entity with respect to the unfavorable opinion of the

syndicate or employers ' association, if it exists.

3-Are competent to give advice on the application:

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a) Any union representative of the activity to be exerted by the minor, who has

concluded a collective agreement covering the activity promoted by the

applicant;

b) Any association of employers in which the promoter entity is

inscribed, or which has concluded collective convention covering the activity

promoted by the applicant.

4-The renewal of the authorisation applies to the provisions of the preceding paragraphs.

Article 7.

Deliberation of the Committee on the Protection of Children and Young People

1-Before deliberating on the application, the CPCJ should hear the minor concerned, always

how this is possible.

2-A 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 comply with the provisions of the articles

previous and do not harm safety, health, physical development, psychic and

moral, the education and the formation of the minor.

3-A The Commission may authorise the participation with the condition that this decoration under the

surveillance of one of the legal representatives or of the larger person nominated by these.

4-A The decision is to be handed down within 20 days.

5-It is considered to be the requirement that it not be decided on the deadline in the

previous number, if the documents referred to in points (s) a) a d) of paragraph 2 of the previous article

are favourable for the participation of the minor in the activity or if this is no longer covered

by compulsory education.

6-It is considered undue to the requirement that it not be decided within the time limit referred to in para.

4, without prejudice to the forecast in the preceding paragraph.

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7-A The authorisation shall identify the promoter entity and mention the elements referred to

in paragraph 1 of the previous article.

8-A CPCJ communicates the authorisation and the period of validity of the same to the applicant, to the

service with the inspective competence of the ministry responsible for the labour area, the

legal representatives of the minor and, should this be covered by compulsory education,

to the establishment of teaching.

Article 8.

Procedure for communication of participation in activity

1-A The promoter entity communicates the participation of minor in activity, in writing, to the

CPCJ, at the minimum of five working days, indicating the elements referred to in the

n Article 6 (1), as well as the date and the hours of commencement and termination of participation.

2-A communication shall be accompanied by the documents to which the points are referred a) a

c ) of Article 6 (2)

Article 9.

Conclusion of the contract and formalities

1-The contract that entiters the provision of activity of the minor is concluded among its

legal representatives and the promoter entity, in writing and in two exemplars, owing

indicate the activity to be carried out and the duration of the participation of the minor, the corresponding

number of hours per day and per week, the consideration and the person who exercises the surveillance of the

minor, in the case provided for in Article 7 (3).

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2-The copy of the contract that stays in the possession of the promoter entity shall have appended

copies of the authorization of the CPCJ or of the communication made to this entity, of the certificate of

that the minor has adequate physical and mental capacity and the affidavit of the

initial school hours and of changes taking place during the validity of the permit, if the

minor is covered by compulsory education, as well as document

proof of the insurance of accidents at work.

3-Prior to the commencement of the activity of the minor, the promoter entity shall send copy of the

contract and attachments to the service with inspective competence of the ministry responsible

by the labour area, as well as to the establishment of teaching of minor covered by the

compulsory education.

4-Constituent counterordinate serious, attributable to the promoter entity, the violation of the

provisions of this article, and the ancillary sanctions may be applied for in paragraph 3 of the

article 2 in case of recidivism in counterordinance practiced with dolo or negligence

gross.

Article 10.

Consequences of changing the time or school use of minor

1-In the event of a time change, the educational establishment must communicate from

immediate such a fact to the promoter entity, the CPCJ and the legal representatives of the minor.

2-When the period of validity of the permit covers more than one school year, the

legal representatives of the minor must send to the promoter entity and the CPCJ, at the beginning of

new school year, a statement of school hours issued by the establishment of

teaching.

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3-In the situations referred to in the preceding paragraphs, so that the provision of the activity of the

minor may proceed, the promoter entity shall proceed to the changes of the schedule

necessary to comply with the provisions of Article 3º (2) and (3), and to communicate them to the

establishment of teaching and the CPCJ.

4-In the case of minor covered by compulsory education, the establishment of teaching

must report to the CPCJ any relevant decrease in school use or

relevant allocation of the behaviour of the minor during the period of validity of the

authorization.

5-Where the activity carried out by the minor has as a consequence a relevant

decrease in school use or a relevant allocation of their behaviour,

the CPCJ notifies the promoter entity to present to it, as well as the service with

inspective competence of the ministry responsible for the labour area, the representatives

legal of the minor and, should this be covered by compulsory education, to the

establishment of teaching, a change in the conditions of appropriate participation to be corrected

the situation.

6-A CPCJ revokes the authorisation whenever no change is made in the number

previous or this is not appropriate to correct the situation.

7-A CPCJ notifies the revocation of the authorisation to the promoter entity and to the remaining entities

referred to in paragraph 5.

8-A The revocation provided for in paragraph 6 produces effects 30 days after the notification, unless

there are serious risks to the minor, in which case the CPCJ determines the date of production of

effects.

9-Constituent counterordinate serious, attributable to the promoter entity, the violation of the

provisions of paragraph 3, ancillary sanctions may be applied for in paragraph 3 of the article

2. in case of recidivism in counterordinance practiced with dolo or negligence

gross.

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Article 11.

Judicial authorization

1-Case the CPCJ does not authorize the participation or revoke prior authorization, the

legal representatives of the minor may apply for the court of family and minors who

authorize participation or maintain prior authorization, by observing, up to transit

on trial, the deliberation of the CPCJ.

2-To the process referred to in the preceding paragraph shall apply, with due adaptations, the

regime of the judicial process of promotion and protection provided for in the diploma that regulates the

CPCJ.

Chapter III

Worker-student

Article 12.

Specificities of the frequency of educational establishment by worker-

student

1-The student-student is not subject:

a) The frequency of a minimum number of disciplines of given course, in

degrees of education in which this is possible, neither the prescribing scheme or that

entail change of educational establishment;

b) To any legal provision that makes the school's school use conditional

frequency of a minimum number of classes per discipline;

c) The limitation of the number of examinations to be held at a time of appeal.

2-In case there is no time of appeal, the student-student is entitled, to the extent that

be legally admissible, to a special time of examination in all disciplines.

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3-The establishment of teaching with post-laboral time must ensure that the examinations and

the proofs of evaluation as well as a minimum service of support for the worker-student

proceed, as far as possible, at the same time.

4-The student-student is entitled to classes in compensation or pedagogical support

which are considered to be indispensable by the organs of the educational establishment.

5-The provisions of the preceding paragraphs shall not be cumulable with any other regime which

vise the same ends.

Chapter IV

Vocational training

Article 13.

Training plan

1-The employer must draw up the training plan, annual or multiannual, on the basis of the

diagnosis of the skill requirements of workers.

2-The training plan shall specify, in particular, the objectives, the entities

trainers, the training actions, the place and the time of achievement of these.

3-The elements that the training plan may not specify shall be communicated

as soon as possible to the workers concerned, to the committee of employees or, in their

lack, the intersindical commission, the union commission or union delegates.

4-The provisions of the previous figures do not apply to microenterprises.

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

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Article 14.

Information and consultation on the training plan

1-The employer must give knowledge of the diagnosis of the qualification needs

and of the draft training plan for each employee, in the part that respects you, well

how to the committee of workers or, failing that, to the interunion committee, to the committee

trade union or union delegates.

2-The workers, in the part that each respects, the representatives of the employees to

referring to the previous number may issue opinion on the diagnosis of needs

of qualification and the draft training plan, within 15 days.

3-Constitute counter-ordinance grave the violation of the provisions of paragraph 1.

Article 15.

Information on continuing education

The employer must include the elements on the continuing education assured in each

year in the frame of the information on the social activity of the company.

Chapter V

Period of operation

Article 16.

Period of laboration

1-The period of laboration is the one between seven and 20 pm, without prejudice to the

provisions of the following number.

2-The member of the Government responsible for the labour area, listened to public entities

competent, may authorize periods of laboration of the establishment with breadth

higher than the one defined in the preceding paragraph, on economic and technological grounds.

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3-The members of the Government responsible for the labour area and the sector of activity in

cause may, upon joint dispatch, authorize the continuous laboration of the

establishment on economic or technological grounds.

4-For the purposes of paragraphs 2 and 3, the employer shall submit to the service with competence

inspectorate of the ministry responsible for the labour area, to whom it competes in the direction of

process instruction, duly substantiated application, accompanied by:

a) Opinion of the committee of workers or, failing that, of the trade union commission or

intersindical or the union delegates or, 10 days after the consultation,

proof of the request to appear;

b) Working hours project to be applied;

c) Proof of the licensing of the company's activity;

d) Statements issued by the competent competent authorities of which it has

the contributory situation regularized before the tax administration and

social security.

5-Constitute counter-ordinance grave the violation of the provisions of paragraphs 1, 2 and 3.

Chapter VI

Verification of the disease situation

Article 17.

Verification of the disease situation by doctor designated by social security

1-For the purposes of checking for temporary disability for work by disease of the

worker, the employer requires its submission to the verification commission of

temporary disability (CVIT) of the social security of the area of the habitual residence of the

worker.

2-The employer informs, on the same date, the employee of the application referred to in the

previous number.

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3-A The deliberation of the CVIT carried out at the application of the employer produces effects on the

scope of the prestational legal relationship of the social security system that the worker

is holder.

4-Social security services shall, within 48 hours of the receipt of the

application:

a) Convene the worker for presentation to the CVIT, indicating the day, time and place

of its realization, which shall occur in one of the following three working days;

b) Communicate to the employer the convocation carried out;

c) Informing the worker that:

i) It shall present, at the time of its observation, clinical information and the

auxiliary diagnostic elements of which it is available, proving its

disability;

ii) In case of impossibility of comparency by reason of the attendant reason, it must

communicate the fact in the 24 hours following the reception of the convenor;

iii) Their non-comparability, without reason being attentive, has as a consequence that

days of alleged illness may be considered unjustified or unwarranted

that, if they occur in a holiday period, they are considered in the duration of the

enjoyment of these.

5-The worker who is barred from moving from his domicile to attend the

medical examination by CVIT must inform the services of social security by the expected date

for the examination or, in the event of impossibility, in the following 24 hours.

6-Depending on the impediment of the worker, the social security services mark new

date for the medical examination by the CVIT, to take place in the following 48 hours and, if necessary, in the

Household of the worker, giving the same time knowledge of the fact to the employer.

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7-Social security services must communicate to the employer and the employee if

this is or is not fit to perform the activity, in the 24 hours subsequent to the

realization of the medical examination by the CVIT.

8-Social security services must communicate to the employer:

a) The impossibility to subject the worker to the CVIT under the terms of the point a) of the n.

4, being the case, in the 24 hours following the receipt of the application;

b) Failure to perform the medical examination, specifically because of lack of comparency of the

worker with an indication of the impediment motive alleged by this, or by being at

course a period of temporary disability for the work by disease already

previously verified by CVIT, this being the case, in the 24 hours following the

receipt of the application.

Article 18.

Verification of the condition of illness by the employer designated by the employer

1-The employer may designate a doctor to check the disease situation of the

worker:

a) Should you be informed of the impossibility of holding CVIT, or if decorated

48 hours after the application without having received communication from the

social security services of the worker's convocation for submission to the

CVIT;

b) Should you be informed that the medical examination by CVIT has not performed in the

term referred to in point (a) a) of paragraph 4 or paragraph 6 of the preceding Article.

2-To the process of verification of the disease situation by physician designated by the

employer is applicable to the provisions of the ( a) and c) of the n. 4 and in paragraphs 5 a to 7 of the article

previous, with the necessary adaptations.

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Article 19.

Reassessment of the disease situation

1-When the deliberation of the CVIT or opinion of physician designated by the employer

dive from the statement or attestation presented by the worker for proof of the situation of

illness, any of the parties may apply for the social security services of the area of

habitual residence of the employee that the case is appreciated by revaluation commission.

2-A The re-evaluation commission is in rule consisting of three doctors, one designated by the

social security services, which presides with quality vote and which must be one of the

physicians who integrated the CVIT and who proceeded to check the temporary incapacity to the

Article 17, should this have existed, one designated by the worker and another by the

employer.

3-A The re-evaluation commission consists of only two doctors in the event of:

a) The employee or the employer has not designated a doctor;

b) The employee and the employer have not proceeded to the assignments that

compete, by cabling to social security services the designation of another

medical.

4-A The verification of the disease situation by the re-evaluation commission produces effects on the

scope of the prestational legal relationship of the social security system

Article 20.

Procedure for re-evaluation

1-A re-evaluation situation of temporary disability for the work by disease may be

required in the 24 hours subsequent to the knowledge of the result of the verification of the

same, and shall, on the same date, be communicated the application to the counterparty.

2-The application shall contain the designation of the physician referred to in paragraph 2 of the article

previous, or statement that the applicant prescinde of that faculty.

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3-A counterparty may designate the physician in the following 24 hours to the knowledge of the

request.

4-The procedure for re-evaluation shall apply to the provisions of the paragraphs a) and c) of paragraph 4 and in the

n. paragraphs 5 and 7 of Article 17 para.

5-Within eight days of the receipt of the application, the committee shall proceed

to the reassessment of the worker's disease situation and to communicate the result of the same to

this and the employer, pursuant to Rule 17 (7)

Article 21.

Communications

The communications provided for in this Chapter shall be carried out by means of a speedy,

specifically telegram, telephone, telefax or electronic mail.

Article 22.

Effectiveness of the outcome of the verification of the disease situation

The employer cannot substantiate any unfavorable decision for the employee in the

result of the verification of the situation of temporary disability for the work by disease,

carried out pursuant to Art. 17 or 18, while the deadline to apply for the

re-evaluation or, if this is required, up to the final decision.

Article 23.

Charge of verification or reassessment of the disease situation

The application for submission to the CVIT of social security or the intervention of the committee

of re-evaluation is subject to fee, regulated in joint portery of the members of the Government

responsible for the area of finance and the labour area.

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Article 24.

Subsidiary law

In all that is not especially regulated in the present Capitulo, and provided that

o do not counteract, it applies in a subsidiary, and with the necessary adaptations, the provisions of the

Decree-Law No. 360/97 of December 17.

Chapter VII

Protection of the worker in the event of no punctual payment of the consideration

Article 25º

Special cases of entitlement to unemployment benefits

1-The worker suspending the contract of employment on the grounds of no

punctual payment of the consideration shall be entitled to unemployment benefits during the

period of the suspension.

2-Unemployment benefits may also be allocated in relation to the period a

respect the consideration in arrea, as long as this is required and the employer declars, the

application by the employee, within five days, or in the case of refusal, upon declaration

of the service with the inspective competence of the ministry responsible for the labour area, the

non-compliance with the provision in the period in question, however, may not, however, its quantitative

be higher than one allowance for every three unreceived monthly consideration.

3-Confers equally right to unemployment benefits non-payment punctual:

a) From the due consideration in case of suspension of the contract of employment by fact

concerning the employer or closure of the company or establishment by

period equal to or greater than 15 days;

b) From retributive compensation in situations of business crisis.

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4-A The allocation of the unemployment benefits to which the previous figures are concerned is

subject to the fulfilment of the warranty deadlines, to the remaining conditions required and to the limits

provided for in the Unemployment Protection Scheme.

Article 26.

Suspension of tax enforcement

1-The tax enforcement process suspending itself when the executed, being worker with

retributions in mora for period longer than 15 days, prove that of such a fact results the no

payment of the amount exequale.

2-A suspension referred to in the preceding paragraph remains up to two months after the

regularization of the debt reciprocations.

Article 27.

Sale of pawned goods or data in warranty

1-A sale, judicial or extrajudicial, of goods referred to in the following pawn number

or data in warranty justified by a lack of payment of debts related to the

acquisition of these goods suspending itself when the executed proves that the default if

must have consideration in mora for a period longer than 15 days.

2-The preceding paragraph applies to immovable which constitutes the permanent residence of the

worker and other goods that are indispensable to the domestic economy that in that se

find.

Article 28.

Execution of eviction sentence

The eviction sentence execution in which the cause of ordering has been the lack of

payment of the rents suspends when the executed proves that the same has been due to have

retributions in mora for a period of more than 15 days.

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Article 29.

Safeguarding of the rights of the creditor

The court notifies the Social Relief Fund of the Institute of Financial Management of the

Social Security, I. P., of the decision that orders the suspension of the execution of the sentence of

eviction, as well as the identity of the creditor and the amount of benefits or rents in

lives, in order for that to secure the respective payment, in the terms provided for in

special legislation.

Article 30.

Cessation of the suspension of the instance

1-Where the payment of benefits or rents has not been secured by the

entity responsible for unemployment benefits, the suspension of the instance cesses eight

days after the receipt, by the worker, of the retributions in mora.

2-If the worker has not received the retributions on mora, the suspension cesses

a year has elapsed on its start, save if it proves that it is pending action

judicial intended for the payment of these retributions, in which case the suspension cesses on the date

where the coercive payment of the same or the impossibility of payment occurs.

3-Required the continuation of the autos, the executed is notified to, within 10

days, taste the payment or deposit, in singel, of the benefits or rents in mora.

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Article 31.

Legal subrogation in the rights of the worker

1-The service responsible for unemployment benefits is sub-rogated in the rights of the

employee before the employer in the amount corresponding to the benefits you have

paid in accordance with Article 25 (2) and (29) and Article 29, plus the interest of late payment,

not being liberatory the payment of the corresponding amount the different entity,

specifically the worker.

2-For the purposes of the preceding paragraph, the service responsible for unemployment benefits

must, at the same time, notify the employer of the payments it carries out.

Chapter VIII

Information on the social activity of the company

Article 32.

Annual provision of information on the social activity of the company

1-The employer must provide annually information on the social activity of the

company, in particular, on remuneration, duration of work, vocational training,

safety and health at work and personnel framework.

2-A information referred to in the preceding paragraph shall be submitted by means of informatics,

with content and deadline regulated in the office of the ministers responsible for the labour areas

and of health.

3-A information to be provided may include other aspects of the company's social activity

which are provided for in collective agreement or result from consultation with the committee of

workers or, in their absence, to the intersindical commission or trade union commission or to the

trade union delegates, as well as the representatives of the workers for safety and

health at work in the part concerning the subjects of their competence.

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4-A information which, in accordance with the portaria referred to in paragraph 2, is provided in a manner

individualized must be previously given to know the workers concerned, the

may raise the correction of irregularities, within 15 days.

5-The employer must provide the knowledge of the information to employees of the

company and send it, within a constant period of the porterie referred to in paragraph 2, to the following

entities:

a) The service with the inspective competence of the ministry responsible for the area

labour;

b) The representative unions of employees of the company who request it, the

commission of workers, as well as the workers ' representatives to

safety and health in the employee in the part relating to the subjects of his /

competence;

c) The employers ' associations represented in the Standing Committee on

Social Concertation that will request it.

6-Trade unions and employers ' associations can request the information up to 10 days

before the start of the deadline for delivery of the same.

7-The service referred to in point a) of paragraph 5 shall remit the information to the service of the

same competent ministry to proceed to the statistical clearance of the information in the

framework of the national statistical system and in articulation with the National Institute of

Statistic, I. P.

8-A information provided to representatives of employers or employees,

with the exception of remunerations in relation to trade unions, and the competent service for

proceed to the statistical clearance shall be expunged from nominative elements.

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9-The employer shall keep the information sent for five years.

10-Constitutive counter-ordinance very serious violation of the provisions of paragraph 8, in the part

concerning the employer, serious counterordinance to the violation of the provisions of paragraph 5 and

lightweight counterordinance the violation of the provisions of the n. ºs 4 and 9.

Chapter X

Final and transitional provisions

Article 33.

Information on service providers

The annual information on the social activity of the company referred to in the previous article

it should cover who is linked to the employer upon contract of provision of

service, in respect of the subjects specified in the porterie provided for in paragraph 2 of the article

previous.

Article 34.

Abrogation standard

The repeal of Article 166, of Article 167 (3) and (167), of Articles 170, 259, 452 to

464 and 480, of Article 484 (3) and Articles 490 and 491, as determined by paragraph 6 of the

Article 12 of Law No. 7/2009 of February 12, it produces effects at the beginning of the first year

covered by the information regime relating to the social activity of the company to which it relates

the previous article.

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Article 35.

Entry into force

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

Seen and approved in Council of Ministers of May 7, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs