Key Benefits:
DRAFT RESOLUTION NO. 11 /XI/1ª
EXTENSION OF THE TIME LIMIT FOR THE ENTRY INTO FORCE OF THE CODE OF THE SCHEMES
SOCIAL SECURITY PREVIDENTIAL SYSTEM CONTRIBUTORS
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
Governments.
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
importance.
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
checked.
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.
2
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
3
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,