CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 68 /XII

Exhibition of Motives

The current admissions regime of minor to work and celebration by this of contract of

work, which is provided for in the Labour Code, approved by Law No 7/2009,

of February 12, as amended by the Laws 105/2009, of September 14, and 53/2011, of 14

of October, varies in function, in addition to the most, of the minor having completed the minimum age of

16 years and of having completed compulsory education, which up to now encompasses the three cycles

of the basic education.

However, Law No. 85/2009 of August 27 extending the scheme of compulsory education

for children and young people who find themselves in school age and enshrines the universality of the

preschool education for children from the age of 5 years, goes on to consider in

school age children and young people aged between 6 and 18 years old,

progressively from the academic year 2012/2013.

On the other hand, under the terms of the said law, compulsory education implies, for the

in charge of education, the duty to proceed to the tuition of their educating in schools of the

public network, of the private and cooperative network or in educational institutions and or

formation, recognized by the competent entities, and determines for the student the duty to

frequency, ceasing only with the achievement of the level lecturer diploma

secondary education or, regardless of the achievement of the diploma of any cycle

or level of education, at the time of the school year in which the student will be 18 years old.

CHAIR OF THE COUNCIL OF MINISTERS

In this sense, it becomes necessary to appropriate the scheme of the Labour Code, approved by the

Law No. 7/2009 of February 12, amended by Laws No 105/2009 of September 14, and

53/2011, of October 14, to the provisions of Law No. 85/2009 of August 27, passing the

require themselves for the admission of minors to work, the age of 16, the completion of the three

cycles of the basic education and at least the tuition and frequency of the secondary level of

education.

During a transitional period of two to three years, there will be even less than 16 years

have already completed compulsory schooling, which for them has on date been

corresponding to the three cycles of the basic education, and which are therefore enabled to

admission to work, but progressively that reality will tend to be residual and the

exception.

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:

Article 1.

Object

This Law proceeds to the third amendment to the Labour Code, passed by the Act

no 7/2009 of February 12, as amended by the Laws No 105/2009 of September 14, and

53/2011, of October 14, in order to conform it to Law No. 85/2009 of August 27, which

sets the scheme for compulsory education for the children and young people who are in

in school age and enshrines the universality of preschool education for children to

from the age of 5.

Article 2.

CHAIR OF THE COUNCIL OF MINISTERS

Amendment to Law No. 7/2009 of February 12

Article 3 of Law No. 7/2009 of February 12, amended by Laws No 105/2009, of 14

of September, and 53/2011, of October 14, goes on to have the following essay:

" Article 3.

[...]

1-The minor under the age of 16 years can not be hired to perform

a gainful activity provided with autonomy, except if it has

completed compulsory education or be enrolled and to attend the

secondary level of education and treat yourself to light work.

2-[...].

3-[...].

4-[...]. "

Article 3.

Amendment to the Labour Code

Articles 68, 69, 70 and 82 of the Labour Code, passed by Law No 7/2009, of

February 12, amended by Laws No 105/2009 of September 14, and 53/2011, of 14 of

October, go on to have the following essay.

" Article 68.

[...]

1-You may only be admitted to provide work the minor who has completed the

minimum age of admission, has completed compulsory education or

be enrolled and to attend the secondary level of education and possess

of physical and mental capacities appropriate to the job.

CHAIR OF THE COUNCIL OF MINISTERS

2-[...].

3-The minor under the age of 16 who has completed schooling

compulsory or be enrolled and to attend the secondary level of

education can provide light work that consists of simple tasks and

defined that, by their nature, by the physical or mental efforts required

or by the specific conditions in which they are carried out, are not susceptible

of the damage with respect to physical integrity, safety and health,

school attendance, participation in orientation programmes or

training, capacity to benefit from the instruction imparted, or still to the

its physical, psychic, moral, intellectual and cultural development.

4-[...].

5-[...].

6-[...].

Article 69.

Admission of minor without compulsory schooling, frequency of the secondary level of

education or without professional qualification

1-The minor under the age of 16 who has completed schooling

compulsory or be enrolled and to attend the secondary level of

education but not posits professional qualification, or the minor with the

minus 16 years old but who has not completed schooling

obligatory, do not be enrolled and attend the secondary level of

education or not posits professional qualification can only be admitted to

provide work since frequent modality of education or training

which confers, as the case may be, compulsory schooling, qualification

professional, or both.

2-[...].

CHAIR OF THE COUNCIL OF MINISTERS

3-[...].

4-[...].

5-[...].

6-In case of admission of minor under the age of 16 years and without which

have completed compulsory education or are enrolled and the

to attend the secondary level of education, the ancillary sanction of

deprivation of the right to subsidy or benefit heard by entity or

public service, for period up to two years.

Article 70.

[...]

1-It is valid the contract of employment concluded by the minor who has completed

16 years of age and has completed compulsory education or be

enrolled and to attend the secondary level of education, save opposition

writing from your legal representatives.

2-The contract concluded by the minor who has not completed 16 years of

age, have not completed compulsory schooling or are not

enrolled and to attend the secondary level of education is only valid

upon written authorization from their legal representatives.

3-[...].

4-[...].

5-[...].

6-[...].

Article 82.

CHAIR OF THE COUNCIL OF MINISTERS

[...]

1-[...].

2-In the event that the minor has not completed the minimum age of admission, no

have completed compulsory education or are not enrolled and the

attend the secondary level of education, the limits of penalties are high

for double.

3-[...]. "

Article 4.

Entry into force

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

Seen and approved in Council of Ministers of May 31, 2012

The Prime Minister

The Deputy Minister and Parliamentary Affairs