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Extension Of The Deadline For The Entry Into Force Of The Code Of The Contributory Schemes Of Social Security Insurance System

Original Language Title: Prorrogação do prazo da entrada em vigor do Código dos Regimes Contributivos do Sistema Previdencial de Segurança Social

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The XVII Government made it to the end of the previous legislature the Code of Regimes

Contributors to the Social Security Previdential System, commonly called

Contributory Code.

The drafting of this Code is coated with the utmost importance because it is proposed

compiling dozens of diplomas incidents on contributory matter to the System

Previdential Social Security published over decades by successive


In fact, the systematization of the contributory relationship of employees and business

with the Previdential System of Social Security and the clear definition of rights

prestationals to which, synalagmatically, those should have access, is from the largest


However, the drafting of a Code of the Contributive Regimes of Security

Social, for its comprehensiveness and for its economic and social impacts, not least in the

field of employment, forced an analysis and a weighting which did not


It matters to remember that it is by the application of the Contributive Code that the System

Previdential Social Security raises values in the order of the billions of millions

of euros of quotizations and contributions, as well as interferes with the composition of the

operating costs of small, medium and large enterprises, and of about

four million and three hundred thousand workers.

However, despite the importance of the challenge which consisted of the elaboration of the first

Contributory Code and contrary to what happened in other cases, from

similar complexity, the Government did not precede the legislative initiative of any

prior study that favored a deep, broad and well-sustained debate, such

how it occurred, by way of example, in the 90 with the Security Reform

Social and, still, in the previous legislature, with the Labor Code.


Despite having the provisions of an exceptionally long legislature, despite the fact that the

work of the Contributive Code may have elapsed at the same time with the Law of

Social Security bases or with the Labor Code, the Government, which year after year

was advertised in the various state budgets this degree, came, without studies

wide and deepened, without debates and without a rigorous quantification of the effects,

to present the Proposal for Law No. 270 /X that gave entry to the Assembly of the Republic

on May 6, 2009 and would come to be approved on July 23, 2009.

The Deputies to the Assembly of the Republic thus saw themselves faced with a

proposed Act (270/X) with 284 articles, with no supporting supporting documents and

without formulation of calculations that would support the legal provisions.

In addition to this, the fundamentals for changing the values of the

Single Social Rate applied to various socio-professional groups such as entrepreneurs and

workers of agricultural activities, owners of local fishing vessels and

coastal and IPSS, and a lack of justification for broadening the base of incidence

contributor. Another example, illustrative, of the insufficient weighting of this diploma was

the consideration of an unemployment allowance for self-employed workers who

the Government has sent out, at the last hour, already in full parliamentary debate.

The PSD has confronted the Government for several times with requests for information on the

financial impacts that the Contributive Code behaves for companies and for

the workers as well as complained an estimate of the impacts the Code would have

in a labour market in sharp crisis. The Government has always fled to provide these

information of the most relevance.

Illustrative is the Note of the Technical Support Unit of the Assembly of the

Republic, which comes together, and which concludes by the impossibility of measuring the impact

immediate and the deadline of the proposed law, be it to the level of the revenue, be it to the level

of the expenditure of the previdential system of Social Security.

Ora, not pondering the real economic and social situation of the Country and just taking care of the

your voracity to charge more and more to the taxpayers, the Government makes it difficult to set up

of jobs, and instead favors unemployment that it should avoid at all costs.

In time, the Parliamentary Group of the Social Democratic Party presented a

voting statement warning of the foolishness of overloading the factor work

at that time and warned of the pressing need for, outrossim, to staunch the


overwhelming unemployment and so objected to this proposal in time and mode

as it was presented.

In the face of the exposed, the reasons for that explanation of vote and in respect of

consistency with the previously assumed political positions and:

Considering the unacceptable lightness of procedures and the imperious need to

weighting of this matter;

Considering the financial impacts on companies from the entry into force of a new

Contributive Code;

Considering the social impacts, which were reflected in employment by way of the increase

of the cost of the factor work;

Considering the impacts on the national economy that are particularly

vulnerable given the conjuncture of crisis we live in;

The PSD Parliamentary Group presents the following draft Resolution, to the shelter

of the applicable legal and regimental provisions.

The Assembly of the Republic recommends to the Government that:

1-Extend by a period of six months the entry into force planned for the Code

of the Contributive Regimes of the Previdential System of Social Security;

2-Faculty of immediate all the studies and fundamentals that supported the solutions

verted on the current Act and to allow the Assembly of the Republic through its

Parliamentary Groups promote, within this six-month period, the discussion and

deepening matter, and to enable the submission of legislative initiatives that

improve the current Diploma, for the sake of taxpayers, business and the economy.

Assembly of the Republic, November 10, 2009

The Deputies,