PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 95/XII explanatory memorandum this proposal for legislative authorization Act aims to authorise the Government to legislate on the legal regime applicable to employment services workers external peripherals from the Ministry of Foreign Affairs, including the official residences of the State. The Decree authorized the Government proposes to adopt pursuant to legislative authorization now submits to the Assembly of the Republic, will define the new rules of the regime of employment contract applicable to employees of external peripheral services of the Ministry of Foreign Affairs, including the official residences of the State, taking into account the recent changes of the labour regime of the public administration. Indeed, with the entry into force of law No 12-A/2008, of 27 February, the Regime of employment contract in Public Functions, approved by Act No. 59/2008, of 11 September, and the new Disciplinary Status of workers performing Public Functions, approved by law No. 58/2008, of 9 September, all applicable to workers of external peripheral services of the Ministry of Foreign Affairs , including the official residences of the State, it is necessary to review the respective staff regulations so as to regulate the specific features of the scheme of work of those workers, by adopting a set of rules you want to a framework, in the context of the legal relationship of public employment, taking into account the special conditions of work by the fact that exercise functions in an external service.
PRESIDENCY of the COUNCIL of MINISTERS 2 So, intend to enter changes to the recruitment level, of rules concerning the length and organisation of working time, holidays, of the termination of the employment relationship, as well as the disciplinary procedure. Provides also a remuneration scheme specific to these workers, on the basis of transparency and objectivity, creating for each country a uniform remuneration system and expected to Portugal converged, reducing the current salary inflated values in order to bring them closer to prevailing in these countries, without losing sight of an overall reduction of personal expenditure of structural form. With regard to the mobility scheme, is aimed at the enlargement of internal mobility referred to the remaining workers in public functions, together with the specific mobility already exists in external peripherals. It is intended to establish also, as a general rule, employees in the exercise of public functions of services external peripherals, including employees of the official residences of the State, are enrolled in the social security scheme and local health systems of the countries where they are placed. Were heard the Consular Workers Union and of diplomatic missions and the National Federation of public service Unions. The matter, in the seat of the legislative process going on in the Assembly of the Republic, the present Bill should be subject to public examination by the committees of workers, unions and employers ' associations, in accordance with articles 54, paragraph 5, subparagraph (d)) and 56, paragraph 2, point (a)) of the Portuguese Constitution and articles 469.º to 475.º of the labour code. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: PRESIDENCY of the COUNCIL of MINISTERS 3 article 1 object to this law grants the Government legislative authorization to approve the new legal system workers ' labour services external peripherals from the Ministry of Foreign Affairs, including the official residences of the State as well as to change the law No 12-A/2008, of 27 February and the Disciplinary Status of workers performing Public Functions, approved by law No. 58/2008, of 9 September. Article 2 purpose and legislative authorization extension referred to in the preceding article shall be granted towards the Government approve the legal system of employment services workers external peripherals from the Ministry of Foreign Affairs, including the official residences of the State, as well as changing the law No 12-A/2008, of 27 February and the Disciplinary Status of workers who exercise Public Functions approved by Act No. 58/2008, of 9 September, in the following terms: a) Set special rules of recruitment and selection, holidays, licenses and fouls, and working hours, mobility, disciplinary status, social security and health system for the employees of external peripheral services of the Ministry of Foreign Affairs; b) Define for each country a system of compensation of employees of external peripherals to integrate services in general public administration careers, convergent and for arrangements for workers in these integrated careers in Portugal;
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c) define a specific mobility arrangements for workers in services external peripherals, and restrict the application of the rules of mobility intercarreiras or intercategorias to the respective service's internal external peripheral or between services external peripherals; d) Adapt the regime of holidays, setting a ceiling of Portuguese and local holidays susceptible to being mocked in equal number established for other workers in public functions; e) adapt the licence system, shortages and layoffs, safeguarding the resulting specialities of extraterritoriality, as well as the inscription in local social protection systems; f) establish a system of faults justified adapted to employees who are enrolled in local social protection scheme, which will reconcile the protection afforded by the local social security scheme, with the labour regime provided for in national legislation; g) establish, as a general rule, that the hired for the exercise of public functions in external peripherals are included in general social security system and local health systems of the countries where are placed; h) Create a specific regime of verification of temporary impediments to the work of disease control of those workers; I) Apply to those workers the Disciplinary Status of workers performing Public Functions, approved by law No. 58/2008, of 9 September, with adaptations arising from geographical distance, the contact with other languages and the need to ensure a uniform disciplinary practice;
PRESIDENCY of the COUNCIL of MINISTERS 5 j) establish a special scheme for workers in services external peripherals from the Ministry of Foreign Affairs engaged in their duties in the official residences of the State in matters of recruitment, holidays, duration and organization of working time, termination of the employment contract and disciplinary procedure, in keeping with the nature of the work done abroad which is simultaneously place of receções of State and official residence of the head of mission , and regulate the creation of their career; k) define a system of remuneration of workers referred to in the preceding paragraph and the system provided for uniform convergence to the general operational Assistant career of public administration; l) establishing a simplified regime for the recruitment of the holders of positions of leadership in services external peripherals adapted to fill specific needs of such positions abroad, extinguishing the current posts and categories of managers and creating a position of leadership in external peripheral services of the Ministry of Foreign Affairs, which shall be exercised on a Commission basis three years service in accordance with the established for the intermediate positions of the public administration, with the adjustments imposed by the entry for the public international law and the extraterritoriality of services; m) establish that the applicability of law No 12-A/2008, of 27 February, and Disciplinary status of workers performing Public Functions, approved by law No. 58/2008, of 9 September, the external peripheral services of the Ministry of Foreign Affairs, with regard to workers recruited for them to exercise functions, including employees of the official residences of the State, shall not affect the validity of the mandatory rules of public policy instruments and regulatory and local provided special diploma own.
PRESIDENCY of the COUNCIL of MINISTERS article 5 6 Duration the present legislative authorization lasts for 180 days.
Seen and approved by the Council of Ministers of September 20 2012 Prime Minister Deputy Minister and Parliamentary Affairs PRESIDENCY of the COUNCIL of MINISTERS Decree-Law 7 the adoption of law No 12-A/2008, of 27 February, as amended by laws Nos. 64-A/2008 of 31 December, 3-B/2010 of 28 April, 34/2010 , September 2, 55-A/2010, December 31, and 64-B/2011, of 30 December, henceforth LVCR laying down binding schemes, careers and remuneration of workers who exercise public functions, requires the revision of the staff regulations of the External Services of the Ministry of Foreign Affairs (MFA). The LVCR defines the functional content of each career and a more comprehensive category and generic, considering his career as an instrument of integration of the worker in the dynamics of human resource management and public services and safeguard your forecast and the professional path, and not the legal translation of your professional activity, which enables the transition to general public administration career employees with activities , professions and jobs, passing the specificities of each one to be embraced in characterization that will be on the map, according to the nature and needs of the respective agency or service. Thus, the present law applies the transition of workers of the external services of the MNE for general careers of public administration and, in the case of workers who exercise functions in official State residences, for residence Assistant's career. It is the extinction of the posts and categories of leadership and the creation of a new post of Chief in Chancery services, which is exercised in service, with a duration of three years, by setting the respective regime and recruitment, in the wake of what is planned for the intermediate positions of public administration.
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As part of this review, also ensure the maintenance of the specificities inherent to these services, in particular those resulting from the geographical dispersion that characterized, and, therefore, that the legal framework now approved providing for harmonised application with too much government legislation. At the same time, safeguard the mandatory local public order standards existing in countries where they are based the peripheral services. In order to present legislation to approve the new legal regime of labour of workers recruited by MNE to exercise functions in their services external peripherals, including the official residences of the State, the same does not apply to workers hired by honorary consuls. The procedures were observed as a result of law No. 23/98 of 26 May. So: when using the legislative authorisation conferred by law No. [reg. 372/PL 2012], and in accordance with point (b)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: chapter I General provisions article 1 Object and scope 1-this Decree-Law establishes the legal regime of workers recruited to carry out technical functions in external peripheral services of the Ministry of Foreign Affairs abbreviated referred to as SPE the MNE, including employees of the official residences of the State.
PRESIDENCY of the COUNCIL of MINISTERS 9 2-this decree-law shall also review the current positions and categories of leadership and of the careers of technical staff, administrative assistant and factory worker, as well as the transition of workers integrated in them for general careers, and, in the case of workers who are holders of categories of passenger and driver services helper 1 and 2 levels of the career of auxiliary staff and the categories of guard and gardener of the career of staff worker, to the career of residence Wizard, which creates. 3-this Decree-Law discipline still the regime and recruitment of managerial positions in PRS of the MNE. Article 2 1-workers Scheme of administrative and consular services of the SPE of the MNE shall apply the legal provisions concerning workers in public functions, namely law No 12-A/2008, of 27 February, as amended by laws Nos. 64-A/2008 of 31 December, 3-B/2010 of 28 April, 34/2010 of 2 September , 55-A/2010, December 31, and 64-B/2011, of 30 December, henceforth LVCR, and Act No. 59/2008, of September 11, as amended by Decree-Law No. 124/2010, and by laws Nos 3-B/2010 of 28 April and 64-B/31 December, 2011, henceforth RCTFP, with the specialties under this Ordinance and mandatory rules of public policy site. 2-the workers of the official residences of the State shall also apply the legal provisions concerning workers in public functions, including the LVCR and RCTFP, with specialities deriving from chapters I, III and V of the present Decree-Law and mandatory rules of public policy site.
PRESIDENCY of the COUNCIL of MINISTERS 10 article 3 personal maps 1-The SPE of the MNE feature a single map with personal identification of the number of jobs, characterised in particular by positions, careers and categories, in which are integrated all workers to serve in these services, as well as employees of the official residences of the State. 2-the map of personnel referred to in the preceding paragraph is divided into so many maps of affectation as SPE the MNE, with the exception of the honorary consulates, and the affectation of workers according to the needs of each service. Article 4 level requirement habilitacional 1-concursais procedures for the recruitment of workers for the SPE of the MNE, including employees of the official residences of the State, is required, in respect of each of the careers referred to the previous article, the degree or level of education in Portugal or the equivalent in the country where the worker completed the respective academic degree or education level When there is no identity. 2-the publicity of the procedure may provide for the application of who, not being holder of license required, consider disposal of professional training or experience necessary and sufficient for the replacement of that license. Article 5 admission requirements 1-with the exception of nationality, in addition to the General requirements laid down in the LVCR, is still considered a requirement for the Constitution of legal relationship of public job fulfilment of legal obligations relating to entry and residence or residence in the country where they will be carried out the functions, although it proved a posteriori, since local authorities requested within the time limit set by the MNE.
PRESIDENCY of the COUNCIL of MINISTERS 11 2-special requirements may be required for the formation of the legal relationship of public job, since they are necessary for the exercise of functions, in particular the knowledge of Portuguese and local languages. Article 6 conclusion of contracts work contracts in public functions for an indefinite period and the term resolutivo right or uncertain for establishment of legal relations of public employment in the SPE of the MNE, including the official residences of the State, are celebrated by the head of mission or consular post or who to this delegate. Article 7 Performance Review the implementation of the integrated management system and performance evaluation in public administration employees of the SPE of the MNE, including employees of the official residences of the State, made, mutatis mutandis, in accordance with article 3 of law No. 66-B/2007, of 28 December, amended by Laws Nos. 64-A/2008 , Dec 31, and 55-A/2010, December 31, henceforth SIADAP. Article 8 Accreditation rests with the MNE local authorities promote the necessary steps for obtaining the accreditation of workers, in accordance with the Vienna Conventions on Diplomatic and Consular Relations.
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CHAPTER II administrative and consular services workers section I Careers, recruitment and selection of workers Careers article 9 administrative and consular services of the SPE of the MNE, are grouped in general careers of senior technician, assistant coach and Assistant operational. Article 10 1-tendering the tendering for the recruitment of workers referred to in paragraph 1 of article 1, excluding employees of the official residences of the State, is regulated by Ordinance of the Government officials responsible for the areas of public administration and of Foreign Affairs. 2-the opening of the tendering procedure is authorized by order of the Secretary General of the MNE, which determines the number of jobs to occupy the roles to ensure, as well as the affectation to the maps of the respective PES. 3-the remaining acts and formalities necessary for the effective opening statement and completion of the tendering procedure are the responsibility of the head of mission or the consular post, without prejudice to the powers of the jury of the tendering procedure. 4-the exclusion of tendering procedure, in any of its phases, hierarchical appeal to the Secretary General of the MNE, the appeal within five working days. 5-the appeal suspends, for the applicant's hierarchical, the effects of the exclusion Act of tendering procedure, not interfering with your subsequent procedural formalities.
PRESIDENCY of the COUNCIL of MINISTERS 13 6-the period of appeal decision is eight working days from the date of delivery of the appeal, considering the same tacitly rejected, with termination of the suspensory effect of the applicant's exclusion Act, when is not rendered decision in that period. 7-In tendering the claim has no place. Article 11 determination of remuneration the worker placement positioning recruited for general careers of senior technician, assistant coach and Assistant, operating in one of the positions established compensation for the respective category in the remuneration table of the country where the SPE of the MNE of Office, carried out under the terms established for other workers in public functions, after authorization by the Secretary-General of the MNE. SECTION II remuneration Arrangements article 12 remuneration Tables 1-workers ' compensation tables SPE the MNE, fixed by country and by category, are adopted by regulatory decree, which must establish the respective criteria. 2-updating of the values corresponding to the remuneration of the positions referred to in paragraph tables made by order of the members of the Government responsible for the areas of finance, public administration and Foreign Affairs, having regard to the cost-of-living indices of the United Nations, contained in the most recent publication of the UN Bulletin of Statistics», as well as inflation and exchange rate changes.
PRESIDENCY of the COUNCIL of MINISTERS, 14 3-In case of severe loss of purchasing power in any country by the isolated effect of conjugate or inflation and the exchange rate, there may be place on the mid-term review of the respective remuneration tables. 4-overall, the percentage value of the update may not exceed the percentage value referred to other workers in public functions. Article 13 Amendment of the career development pay placement of workers of the SPE of the MNE is carried out by change of remuneration in the table positioning the respective remuneration category and country, on the same terms and conditions of other workers in public functions. Article 14 1-Allowances to employees of the SPE of the MNE is applicable the scheme and the amount of allowances for travel abroad planned for other workers in public functions, in accordance with the regulations by order of the Government officials responsible for the area of finance, Foreign Affairs and public administration. 2-the workers of the General superior technical careers and assistant coach of the SPE of the MNE, handling or have to guard your cash or billing areas, values, cash, securities or documents, being responsible by them, is due allowance for faults, pursuant to law, in amounts to be determined, by country, in implementing decree.
PRESIDENCY of the COUNCIL of MINISTERS 15 article 15 Accommodation provided by the State without prejudice to compulsory deductions established by law or by local law imperative, to employees of the SPE of the MNE which benefit of accommodation provided by the State are settled in the respective monthly base remuneration the amount corresponding to 15% of this. SECTION III article 16 1 Mobility Mobility-the workplace can be the object of a definitive change between SPE the MNE, by agreement between the employee and the MNE. 2-Regardless of agreement, may be determined by the MNE to change the workplace when there is: a) Based Service convenience; (b) total or partial) change of external peripheral service; c) restructuring, merger or termination, in whole or in part, the diplomatic mission or consular post, as well as rationalization of their numbers, under the terms established in Decree-Law No. 200/2006, of 25 October, with the exception of the rules on the fate of workers; d) the Declaration as persona non grata.
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3-changing workplace determined pursuant to paragraph 1 must, where possible, take into account the proximity to the worker's country of origin, identity or knowledge of the official language of the country of destination, watching always the worker the right to resolve the contract on the basis of changed circumstances. 4-The definitive change of place of work determined under subparagraphs (a)) c) of paragraph 2, the employee is entitled to the payment of: the installation Allowance) value equal to the base monthly payment of the respective category and remuneration of external peripheral service position where you will serve, unless you are provided accommodation by the State or if the transfer does not determine the change of residence of the worker; b) travel expenses, costs of transport and insurance of personal effects, proven to derive the change of residence of the employee, up to a limit of 1000 kg, for no worker household, or 2000 kg, for worker with household, plus car, if the car has. 5-the installation allowance provided for in point (a)) of the previous paragraph correspond to two monthly base pay if the worker has household, unless the household part worker simultaneously transferred, in which case there is only place for the payment of an allowance. 6-going on permanent change of the workplace, the worker proceeds to obtain the remuneration established for your category and remuneration remuneration table on position of the country of destination. 7-If the worker is positioned between two compensation positions or above the last position of the pay table of the country of origin shall obtain, in the country of destination, monthly base remuneration determined as follows: PRESIDENCY of the COUNCIL of MINISTERS to 17) is calculated as a percentage of the difference between the remuneration received and the amount of the remuneration position immediately lower than the same in the country of origin; (b)) then is applied the same percentage of difference to the amount of the same position of the remuneration table of the country of destination. 8-if the need for accreditation of the worker as a result of the transfer, the MNE shall ensure the implementation of the respective procedure, in accordance with the applicable international conventions. 9-is recognized to workers the right to mobility between themselves, without any charge to the State, provided that they have the same professional category and there is agreement of the respective heads of mission or the consular post and dispatch Department Director General favorable to the administration of the General Secretariat of the MNE, by applying the provisions of paragraph 6. 10-the workers subject to change of place of work involving change of residence, they are entitled to 10 free days of service for your implementation, making fun of in one or two periods. 11-the internal mobility scheme established within the LVCR, namely temporary internal mobility, is only applicable to employees of NIMS within the respective SPE SPE or between SPE. 12-for the purposes of internal mobility, the SPE are considered organic units devolved to the same service.
PRESIDENCY of the COUNCIL of MINISTERS 18 SECTION IV Holidays, licenses, deficits and layoffs article 17 public holidays to observe 1-In SPE of MNE are observed the holidays of 10 June and December 25, as well as public holidays to be decided by heads of diplomatic mission in each country, bilateral ears the heads of consular posts and workers from the same country among local public holidays and public holidays, in order to make up the same number of holidays laid down for other workers in public functions. 2-the provisions of the preceding paragraph shall not apply to missions and multilateral diplomatic representations with Chancery services and unique accounting, in which are enjoyed the days absent for duty established by the respective international organizations. 3-the decision of the head of a diplomatic mission, in accordance with paragraph 1, is susceptible of hierarchical resource to the Secretary-General of the MNE, the appeal by the workers or by trade union representatives, within eight working days of its posting in place of style of Chancellery. Article 18 licenses, faults and dispensations whenever the application of rules of international law or local social security schemes resulting in a system of faults, licenses and exemptions other than applicable to workers in public functions, it is considered justified the entire period of absence which is covered by social protection scheme in which the worker is registered, there is no place for the payment of wages during the same period.
PRESIDENCY of the COUNCIL of MINISTERS 19 section V social Protection and social benefits article 19 social Protection and health system 1-The employees of the SPE of the MNE are covered, where possible, by the local social security scheme, without prejudice to Community regulations or international instruments to which Portugal is bound, and the Portuguese State bear the burden on the employer. 2-When is not admitted to registration in local social security system or this does not provide for the protection in the eventuality that integrate the material scope of the general social security scheme of the Portuguese workers (RGSS), as well as accidents at work, is, whenever possible, secure to cover eventualities not covered, and the corresponding charges incurred by the employee and by the Portuguese State in the same percentages established for the contributions and contributions to the RGSS. 3-the worker's contribution to the formation of the insurance premium referred to in the preceding paragraph, as well as for any franchise, shall not exceed the amount of the fees that would have to spend if you were subscribed to the RGSS, having by reference to the value of your return, in accordance with the respective percentage which serves as a basis for withholding purposes. 4-in the countries where there is no or not be able to access the health system, the employer reimbursement expenses of workers under the terms of Ordinance to be approved by the members of the Government responsible for the areas of finance, Foreign Affairs and public administration.
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Article 20 Monitoring and verification of situations of disease 1-without prejudice to the provisions laid down in community or international instrument regulation of social security, for the purposes of monitoring and verification of worker illness entered in the RGSS, whose absence through illness continues for more than 30 consecutive days or charge a fraudulent behavior in terms of worker absences for illness can the head of mission or the consular post accredited in the country designate a physician of Office or residence of the worker, responsible for Scouting the clinical state of the same, without the need for prior application to social security. 2-When the employee out sick for a period or under the conditions referred to in the preceding paragraph is registered in local social security scheme, the head of mission or the consular post requires the competent authorities to designate a doctor to supervision or verification of the disease situation, and when those don't, can the head of mission or consular post designate for the accredited medical effect of the area of residence of the worker with the jurisdiction referred to in the preceding paragraph, apply, mutatis mutandis, the provisions of RCTFP. 3-the medical report issued pursuant to the preceding paragraphs produces the effects of Commission decision of temporary disability check from social security, being sent to the Social Security Institute, I.P., duly translated, when refer to worker framed in RGSS. 4-In case of disagreement between the medical opinion obtained pursuant to paragraphs 1 and 2 and proof of disease presented by the worker, the reassessment of the situation of disease referred to in RCTFP, shall be constituted by the doctor who issued the medical report referred to in the preceding paragraph, you have casting vote, and two other doctors, a designated by the worker and the other by MNE.
PRESIDENCY of the COUNCIL of MINISTERS 21 5-If the employee does not proceed to the designation of physician or this fails to appear to the Commission to re-evaluate the decision issued pursuant to paragraph 3. Article 21 1-meal allowance meal allowance is awarded to employees of the SPE of the MNE, in accordance with the conditions laid down for the majority of workers in public functions, being pinned the respective amount, by country, by implementing decree. 2-updating the meal allowance is carried out by the same percentage of the update for the remaining workers at public functions. SECTION VI disciplinary measures article 22 disciplinary measures 1-the workers who are to serve in the SPE of the MNE shall apply the Disciplinary Status of workers performing Public Functions, approved by law No. 58/2008, of 9 September with the specifics provided for in this article. 2-the right to establish disciplinary procedure prescribes: a) a year on the date on which the infringement has been committed; (b)) When the disciplinary procedure be initiated within a period of 60 days, starting from the knowledge by the diplomatic and Consular General Inspection (IGDC); c) If, within a period of 90 days from the date of knowledge of fact susceptible to disciplinary infraction, the responsible service tiered external peripheral does not communicate in writing to the IGDC knowledge of the infraction.
PRESIDENCY of the COUNCIL of MINISTERS 22 3-the limitation period referred to in the preceding paragraph shall be suspended for a maximum period of six months when installation process of inquiry bodies or services or investigation or disciplinary proceedings, even if not directed against workers who enjoy prescription, when on any of them will qualify for violations to be responsible. 4-the suspension of the limitation period only operates when, cumulatively: a) the procedures referred to in paragraph 1 have been instituted in the 60 days following the suspicion of disciplinary punishable facts; (b)) the subsequent disciplinary procedure has been introduced in the 60 days following receipt of those procedures, for decision, by the competent authority; and c) at the date of the introduction of the procedures referred to in paragraph 1(a) above, are not already prescribed the right to initiate disciplinary proceedings. 5-the disciplinary procedure shall become statute-barred within 18 months from the date on which it was established when, within that period, the defendant has not been notified of the final decision. 6-the limitation period of the disciplinary measures referred to in the preceding paragraph shall be suspended:) During the time in which, by virtue of a court decision or judgement of any court issue, the March of the corresponding procedure should not begin or continue its processing; b) During the period of extension established in article 73 of the code of administrative procedure for performing procedural acts and notifications for the statement and decision of the disciplinary procedure; (c)) for the period necessary to obtain translation of documents written in a foreign language, which may not exceed three months.
PRESIDENCY of the COUNCIL of MINISTERS 23 7-the duration of the prescription back to run from the day it ceases cause of suspension. 8-is admitted the expert evidence held outside national territory, since that made by technician locally, in accordance with the rules of the local law. 9-the worker notifications are made in person or by post, to the address indicated by the employee for the purpose of notification, as well as by notice posted in place of the Chancery style external peripheral and service that shall take effect on the third business day following your posting. CHAPTER III official State residences workers article 23 career Structure 1-workers who exercise functions in official State residences are grouped in unicategorial residence Assistant career, career in grade 1 of functional complexity. 2-the ID of the respective category, degree of functional complexity and number of remuneration for the positions Special Assistant career of residence listed in the annex to this decree-law, which is an integral part.
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Article 24 remuneration and remuneration 1-positioning The workers ' compensation tables of official State residences, fixed by country, are adopted by regulatory decree, which must establish the respective criteria, whose values are subject to update in accordance with article 12. 2-the positioning of worker recruited for special career Assistant, residence in one of the positions established compensation for the respective category in the remuneration table of the country where the official residence of Office, carried out under the terms established for other workers in public functions, after authorization by the Secretary-General of the MNE. Article 25 Contents 1 functional-the workers of the official residences of the State carry out tasks subordinate to the head of mission or the consular post and respective household, fitting them perform, namely: kitchen, table Service) and cleaning: preparation of menus and meal-making, table service, maintenance of equipment and instruments, as well as your regular inventory, washing, processing and realization of sewing services of personal and household of the head of mission and your aggregate, as well as parts for the purpose of representation, cleaning and clean; b) services of gardening: gardening services, cultivation and conservation of flowers, trees, shrubs, lawns or other plants, in parks or gardens affections to the missions or consular posts and their official residences;
PRESIDENCY of the COUNCIL of MINISTERS 25 c) chauffeur-drive: driving cars at the service of the diplomatic mission or consular post, in accordance with the instructions received from the head of mission or the consular post, taking into account the safety of users and of goods, handling, cleaning, maintenance and periodic review of the cars, higher participation of any breakdowns, accidents or any everyday situation that may jeopardize the security, or the condition of the vehicles the service affects external peripheral, transport and delivery of verbal notes, correspondence, also of confidential, official orders, loading and unloading of luggage or other goods whose transport is determined and external support to the Secretariat of State Department or staff of residence, including mail and manage purchases, and performing other diversified administrative support functions essential to the operation of the diplomatic mission or consular post; d) guard duty: daytime or night-time surveillance of the premises of the diplomatic mission or consular post and your official residence, ensuring the safety of persons and property, control of access to the premises of the diplomatic mission or consular post and its official residence, where there is. 2-the workers who exercise functions in the official residences of the State still has a responsibility to perform other activities related with those described in the preceding paragraph or other domestic tasks, including surveillance and assistance to children and invited the head of mission or consular post and treatment of domestic animals. Article 26 1 Recruiting-workers of the official residences of the State are recruited by choice of the head of mission or the consular post, after the publishing of the need of hiring, in place of the PRS style of MNE during 10 days.
PRESIDENCY of the COUNCIL of MINISTERS 26 2-recruitment is carried out by conducting professional interview, among individuals aged over 18 years, with the habilitacional level established for the careers of 1 degree of functional complexity, as referred to in article 4, and with knowledge adjusted to the duties to be performed. Article 27 1 Contract-employment contract in public functions is reduced to writing, and may be concluded for an unlimited period or term resolutivo right or uncertain, in accordance with the law. 2-the term contract resolutivo right lasts for the agreed period and may be renewed twice by communication expressed to us, and your total duration shall not exceed three years, including renewals, not turning in any case on contract for an indefinite period. 3-contract workers of the official residences of the State can be celebrated with accommodation at the official residence, and the discount of 15% of the value of the respective monthly base remuneration. 4-it is not due to the employee meal allowance whenever you power supply is provided. Article 28 Duration and service time 1-the daily duration of work, as well as your time organization provision, which should be specifically laid down, shall be established by the head of mission or the consular post, according to the needs of the household and external representation, without prejudice to be ensured that these workers every day, the enjoyment of intervals for rest and meals, in your set, may not be less than 4 hours per day, as well as an overnight rest of at least 8 consecutive hours.
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2-the normal period of weekly working time may not exceed 44 hours actual work time fractional, without prejudice to the functions of monitoring and providing assistance to the household. 3-the overnight rest housed workers cannot be stopped, except for serious reasons of non-regular and force majeure, which shall be recorded in writing and delivered to the employee within five days after the delivery of work under those conditions. 4-workers are entitled to a mandatory weekly rest day, plus half a day of weekly rest, which, being possible, coincide with the Sunday and Saturday, respectively. 5-on the official residences of the State are observed public holidays to be defined by the head of a diplomatic mission at the beginning of the calendar year and after hearing of workers among local public holidays and public holidays, in order to make up the same number of holidays laid down for other workers in public functions. 6-the labour activity of employees of the official residences of the State is the subject of attendance and compliance control of time, in accordance with established in RCTFP. Article 29 termination of employment in addition to the causes of termination of employment provided for in RCTFP, the contract may also cease: a) For revocation, pursuant to the following article; b) By termination with just cause, pursuant to article 31; c) For abandonment of functions, in accordance with article 32.
PRESIDENCY of the COUNCIL of MINISTERS 28 article 30 termination of employment by the contract expiry falls under and with the effects laid down in RCTFP and also in the following cases: a) For Declaration as persona non grata of the worker or by refusal to grant or maintenance of the residence permit by the authorities of the country of Office; b) Occurring extinction, merger or restructuring, total or partial, of the SPE of the MNE, except where labor mobility occurs pursuant to article 16; c) With retirement, retirement, old age or disability of the worker or when he reaches 70 years of age. Article 31 Termination with just cause 1-in addition to the causes provided for in RCTFP, constitutes just cause for termination any fact or circumstance in disciplinary proceedings, which makes the maintenance of the employment contract in the official residence of the State, given the special nature of the relationship in question, in particular as regards the termination by the State: the illegitimate Disobedience to orders issued by) the head of mission or the consular post , even if transmitted by other members of your household; b) Disinterest reiterated by compliance with the due diligence obligations inherent in the exercise of duties are committed; c) Provocation reiterated conflicts with one or more other workers at the service at the official residence of the State;
PRESIDENCY of the COUNCIL of MINISTERS 29 d) equity interests serious injury head of mission or the consular post or of the household; and unjustified Absences the service) determine damage or serious risk to the head of mission or the consular post or to the respective household; f) Lack of observance of wrongful standards for hygiene, safety and health at work; g) practice of physical violence, injury and other offenses over the head of mission or the consular post, household members, other workers at the service at the official residence of the State or other persons moving to the official residence of the State; h) breach of confidentiality about any subject that have knowledge by virtue of living due to the nature of the contract and whose revelation can result injury to the honour, good name or household or heritage of the Portuguese State; I) Manifest lack of urbanity in the usual deal with the head of mission or the consular post or other people, regular or accidentally, are or are received at the official residence of the State; j) Introduction at the official residence of the State abuse from persons unknown to the same, without permission or prior knowledge of the head of mission or the consular post or of whom the invoice; k) refusal to account for monies which have been entrusted to purchases or payments or infidelity in the provision of these accounts; l) habits or behaviors that do not fit the normal household environment or tend to affect severely the respective health or quality of life;
PRESIDENCY of the COUNCIL of MINISTERS 30 m) reprehensible Negligence or reiterated in use of appliances appliances, cooking utensils, crockery service, clothes and objects included in the filling of official State residence, when resulting damage, breakage or destruction which involve damage to the assets of the State, the head of mission or the consular post. 2-the existence of just cause is assessed taking into account the nature of the relations between the parties, in particular the nature of the worker's living links with the household who pays service. Article 32 functions 1-abandonment is considered abandonment of functions the exercise by the worker not in your workplace, accompanied by facts that reveal the intention of not resuming, in particular, your absence for a period of 10 days in a row without the head of mission or the consular post have received communication from the reason of the absence, unless the employee demonstrate have been force majeure preventing this communication. 2-the abandonment of functions is considered rescission of the contract and constitutes the worker on the obligation to indemnify the State in accordance with article 285 of the RCTFP. 3-the termination of employment is only enforceable by the State after sending communication to the address indicated by the employee for the purposes of notification.
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Article 33 disciplinary action 1-the disciplinary procedure should be concluded in 120 working days following that on which the IGDC had detailed knowledge of the facts that indicate the practice of disciplinary infraction, which prescribes a year about the moment that took place. 2-the disciplinary procedure also prescribes the period of 90 days from the date of knowledge of fact susceptible to disciplinary infraction, responsible not to communicate the IGDC tiered, through auto news, knowledge of the infraction. 3-When occurring fact susceptible of being considered a disciplinary infraction, for the purposes of disciplinary proceedings, the head of mission or the consular post shall notify the IGDC in accordance with previously laid down, the General Department of administration of the General Secretariat of the MNE, the facts and circumstances that occurred, proposing, where the gravity of the facts warrants, the preventive suspension of the employee without loss of pay monthly basis. 4-unless otherwise stated the IGDC, within five working days of the notification referred to in the preceding paragraph, the head of mission or the consular post may proceed to the preventive suspension of the employee by a maximum of 90 working days. 5-the IGDC elaborates note of guilt within 20 working days of detailed communication of facts and refer it to the head of mission or the consular post for the purposes of notification to the person concerned. 6-the employee has 10 working days from the date of notification referred to in the preceding paragraph for, say, and present to the head of mission or the consular post to your defense, only being admitted evidence testimonial or documentary produced in writing.
PRESIDENCY of the COUNCIL of MINISTERS decision of 32 7 application of disciplinary measure is given by the Secretary-General of the MNE, by means of proposal of the IGDC, within 30 working days of the expiry of the period referred to in the preceding paragraph. 8-the final decision of the Secretary General of the MNE hierarchical appeal, the appeal within 10 business days for the Member of Government responsible for Foreign Affairs, with suspensive effect, unless the Secretary-General or the Member of the Government consider that the courts not your immediate cause serious injury to the public interest. 9-notifications to the employee are always conducted in person and by post, to the address indicated by the employee for the purpose of notification, as well as by notice posted in place of the Chancery style of service external peripheral, take effect on the third working day following the day of your posting. 10-all procedural acts and must be written in Portuguese language supporting or official translation, when written in a foreign language. Article 34 Other rules Are still applicable to employees of the official residences of the State the standards laid down in chapter II of this decree-law, the following subject matter: the) determination of the remuneration positioning; b) family allowances; c) mobility; (d) social protection schemes); e) Holidays, licenses, deficits and layoffs; f) supervision and verification of situations of disease; g) meal allowance.
PRESIDENCY of the COUNCIL of MINISTERS 33 CHAPTER IV head of Chancery and article 35 Accounting Office of Chief-1 is considered managerial position in SPE of MNE as head of Chancery and accounts whose holder is designated by Chancellor. 2-leadership positions corresponding to each SPE of MNE are predicted in the map only. Article 36 Exercise of managerial position 1-holders of the post of Chief laid down in previous article are designated, in service, by the Secretary-General of the MNE. 2-in the absence or impediment of the Chancellor, his duties are handled by respective SPE worker of the MNE which holds qualifications or appropriate professional experience, temporarily designated for that purpose in writing by the respective head of mission or the consular post or by the Secretary-General of the MNE. 3-in the case of absence or impediment of the Chancellors for a period exceeding 30 days in a row or interpolated, is due from the 31 day of replacement, supplemental remuneration in the amount corresponding to 40% of the basic remuneration of the worker, the remuneration payable to the Chancellor replaced. 4-the Chancellors or who replace them are exempt from working hours, not exempted from compliance with the general duty of diligence, or the weekly duration of work legally established them and due any remuneration supplement for work done outside the normal working period.
PRESIDENCY of the COUNCIL of MINISTERS 34 5-in the performance of its powers, the Chancellors respond to the head of mission or the consular post or to whom this appoint for that purpose or to substitute your cool. Article 37 Exclusivity, accumulation of functions, incompatibilities, impediments and inhibitions 1-the position of head of Chancery and accounting is exercised in exclusivity, implying renunciation to the exercise of any other activities or functions of professional, public or private in nature, carried out with regular character or not, and regardless of the respective remuneration, without prejudice to the provisions of articles 27 to 29 of LVCR. 2-shall also apply to the standards laid down in Chancellors LVCR concerning the regime of incompatibilities, impediments and inhibitions in the exercise of public functions. 3-the Office of the Chief of the Chancellery and accounting in administrative centers common to several diplomatic posts or NIMS SPE does not confer the right of remuneration. 4-the violation of provisions of this article shall constitute grounds for termination of the service, without prejudice to any other cominações the law provides. Article 38 1 Commission-the Commission of the Chancellor's service lasts for three years, renewable for equal periods. 2-the Committee on the exercise of the SPE MNE dispenses with the possession, occurring with the communication in writing by the head of mission or the consular post for the Secretariat-General of the MNE, accompanied by declaration of acceptance.
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3-the time elapsed in service service is counted in career and category to which the worker returns. 4-the service ceases: a) at any time for convenience of service given by the Secretary-General of the MNE, by complaint with 90 days ' notice; b) by your term, when not expressly renewed; c) By swearing in followed by exercise, at any title, position or function, except where and for as long as there is place the suspension; d) By extinction or reorganization of the organic unit, unless it is expressly held the service in charge of succeeding leadership; and) By violating the rules of incompatibility, impediments and inhibitions to Office; f) By order of the Secretary General of the MNE, by reasoned report of the head of mission or the consular post, in one of the following situations: i) realization of the objectives defined in the STORY; II) lack of information provision or inadequate provision of same, when considered essential for the fulfilment of the overall policy of the Government; III) does not need proof of adequate capacity to ensure compliance with the guidelines set out above; IV) need to print new approach to management of services. g) following disciplinary procedure has completed the application of disciplinary measure;
PRESIDENCY of the COUNCIL of MINISTERS 36 h) at the request of the person concerned, submitted in at least 90 days, which is considered granted within 60 days from the date of your submission. 5-the cessation of service based on subparagraph (f)) of the previous paragraph assumes the prior hearing of the Chancellor about the reasons invoked, regardless of any organisation, including disciplinary procedure. Article 39 in addition to other Powers that are conferred by law or which are delegated by the head of mission or the consular post, are powers of the Chancellor: a) manage the post or consular section in the absent or impeded from exercising his functions of the respective holder Consular regulation; b) ensure technical quality of the work produced and ensure compliance with the time limits appropriate to the effective provision of the service, taking into account the satisfaction of interests of recipients; c) Make the professional monitoring of workers at the workplace, by supporting and motivating workers in the service and providing them with the knowledge and professional skills available and required to perform the duties inherent to the job, subject to prior approval by superior, as well as the most appropriate procedures to increase the quality of service to be provided; d) make internal documents workers and the rules of procedure to adopt as well as discuss and clarify the actions to be undertaken to meet the objectives of the service, in order to ensure the commitment and the assumption of responsibilities by workers;
PRESIDENCY of the COUNCIL of MINISTERS and 37) to control of attendance, punctuality and compliance with the normal period of work on the part of workers; f) to authorize the passage of birth certificates of archived documents in the respective service, except as regards confidential or reserved bearing as well as the restitution of documents to the persons concerned; g) Ensure the guard and conservation of the post or consular section. Article 40 area of recruitment for the position of head 1-the chancellors are recruited following tendering procedure promoted by the General Secretariat of the MNE, between citizens of Portuguese nationality, with knowledge of foreign language required for the mission or consular post:) that they are employees of the General career diploma, with legal relationship of public employment established for at least three years and provided with technical competence and aptitude for the exercise of functions of direction , coordination and control; (b)) who are employees of the SPE of the MNE, holders of degree or who have exercised managerial functions in the past six years. 2-in cases that the tendering be desert or in which none of the candidates assemble conditions to be designated, the Chancellors may also be recruited, in subsequent tendering of Portuguese citizens without legal relationship of public job previously constituted, provided they are holders of Bachelor's degree and have at least three years of professional experience in steering functions , coordination and control in other public or private entities, as well as knowledge of a foreign language required for the mission or consular post, since: PRESIDENCY of the COUNCIL of MINISTERS the 38) the Department or body concerned has requested, in a reasoned proposal, to the Member of Government responsible for the area of public administration; b) recruitment fits within the quota fixed annually for this purpose by that Member of the Government; c) the Member of Government responsible for public administration has authorized. Article 41 tendering 1-the opening of bankruptcy procedure is advertised on public employment in the electronic pages of MNE and the PRS of the MNE intended capacity and posted in place of the latter style, and the record of the period of 10 working days for formalization of the applications, the location of Office , the post object of tender, the profile of the candidate, the General and special requirements required curricular evaluation criteria, the composition of the jury and selection methods. 2-applications are addressed to the Secretary General of the MNE and analyzed by the jury of the tendering procedure, within 20 days, for gauging the General and special requirements for candidates and your curriculum review, given the profile required for the position. 3-the jury of the tendering procedure shall comprise: a) a Chairman, to designate from among holders of positions of superior direction of 1st degree "MNE; b) By two members, to designate from among holders of positions top of 2nd degree of MNE; c) For a minimum of two members alternates, to designate from among holders of positions 1 and 2 intermediate degrees of the MNE.
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4-the candidates excluded by the jury of the tendering procedure in the admission of candidates, shall be notified of the decision taken to, want, submit a complaint under the code of administrative procedure. 5-then, the jury shall make the professional interviews, and may the same be held by videoconference, taking into account the practice area and the profile required for the position, and shall decide, within 30 days, which the candidate to select, indicating the fundamentals of choice. 6-the jury may decide that none of the candidates meets conditions to be designated on the basis of defined criteria. 7-the selected candidate for the post is designated by order of the Secretary General of the MNE, published in Diário da República, along with notes on the academic and professional curriculum, take effect on the date of the order, unless another date is expressly fixed there. 8-the tendering procedure is urgent and of public interest, there is no place the interested audience. 9-no suspensive effect of the administrative appeal brought against the order of appointment or of any other act practiced in the course of the proceedings. 10-the filing of injunctive relief to enjoin the effectiveness of an administrative act practiced in the procedure does not have the effect of prohibiting the execution of this Act. 11-the selected candidate is appointed in replacement regime throughout the term of the suspension of the effectiveness of the judicial order of designation. 12-the replacement referred to in the preceding paragraph shall apply the provisions laid down in paragraphs 2 to 5 of article 36.
PRESIDENCY of the COUNCIL of MINISTERS-40 13 notifications of candidates are made to the postal address or email expressly indicated in the application for that purpose, being to not display your reason for exclusion of the contest. Article 42 pay 1 Status-the Chancellors receive the monthly base remuneration, as well as other components due to them for the exercise of the Office, established by regulatory decree and updated in accordance with paragraph 2 of article 12. 2-Upon express authorization in order of designation, the Chancellors who are holders of a legal relationship of public employment indefinitely may choose your category base remuneration. 3-for the purposes of the preceding paragraph, is adopted as the reference salary or average base remuneration effectively realized during the year preceding the date of the order of assignment. Chapter V supplementary, transitional and final Rules article 43 amendment of law No 12-A/2008, of February 27 the article 3 of law No 12-A/2008, of 27 February, as amended by laws Nos. 64-A/2008 of 31 December, 3-B/2010 of 28 April, 2010, September 2, 55/34-A/2010 , 31 December, and 64-B/2011, of 30 December, shall be replaced by the following: PRESIDENCY of the COUNCIL of MINISTERS ' 41 article 3 [...] 1 - […]. 2 - […]. 3 - […]. 4-the applicability of this law to external peripheral services of the Ministry of Foreign Affairs, with regard to workers recruited for them to exercise functions, including employees of the official residences of the State, shall not affect the validity:) [...]; b) mandatory rules of public policy; c) special instruments and normative for own diploma. 5 - […].» Article 44 amendment to the Disciplinary Status of workers who exercise Public Functions article 2 of the Disciplinary Statute of workers performing Public Functions, approved by law No. 58/2008, of 9 September, shall be replaced by the following: ' article 2 [...] 1 - […]. 2 - […]. 3 - […].
PRESIDENCY of the COUNCIL of MINISTERS 42 4-applicability of these regulations to external peripheral services of the Ministry of Foreign Affairs, with regard to workers recruited for them to exercise functions, including employees of the official residences of the State, shall not affect the validity:) [...]; b) mandatory rules of public policy; (c)) of the special diploma for regulatory own. 5 - […].» Article 45 workers 1 Transition-workers of the SPE of the MNE which are integrated into single maps linking and extinct contracting under this Ordinance, shall be carried over to General careers or the careers of Assistant of residence, in accordance with the following paragraphs. 2-Move to the General career diploma the current holders of the categories of workers technical expert and technical career of technical staff. 3-Move to the category of General career technical coordinator assistant coach the current holders of the categories of workers Vice-Consul, head of Chancery and Chancellor. 4-Move to the category of assistant coach of the General career assistant coach the current holders of the categories of workers administrative assistant specialist, principal administrative assistant and administrative assistant, administrative staff's career. 5-Move to the category of operational Assistant General operating Assistant career current workers holders of categories of operator and administrative assistant, auxiliary personnel's career.
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6-carried over to the residence Assistant career current workers: a) holders of categories of passenger and driver service helper 1 and 2 levels of the career of staff; b) holders of categories of guard and gardener of personal career worker. Article 46 pay 1-Repositioning in the transition to the new careers, categories and workers compensation tables are repositioned in remuneration remuneration table position of country of Office whose monetary amount is identical to the base compensation that currently have right, it including the integration or differential seniority premiums referred to in articles 65 and 88 of Decree-Law No. 444/99 , 3 November, as amended by Decree-Law No. 180/2001 of 19 June. 2-In case of lack of identity, the workers are repositioned in remuneration position automatically created between two positions of the respective remuneration table or beyond the last position when the remuneration exceed. 3-the list containing the names of transition referred to in the previous paragraphs shall be notified to each of the workers and made public through posting in places of style of the SPE of the MNE. 4-the current transition is without prejudice to the application to workers belonging to ex-mapa only transiting binding for general careers of the termination of the legal relationship of public employment established for workers in public functions, with the entry into force of the LVCR, entered the final naming scheme for the employment contract in public functions.
PRESIDENCY of the COUNCIL of MINISTERS 44 5-When workers have been repositioned between positions, remuneration under paragraph 2 and when, in a later time, the same should change your pay position in the category, and the change to the next position resulting in an increase in remuneration less than a monetary amount fixed for each country in implementing Decree of the members of the Government responsible for the areas of finance public administration and Foreign Affairs, that change takes place to the position that, when there is. Article 47 Category of janitor Subsists, in accordance with article 106 of the LVCR, the janitor. Article 48 of law enforcement at the time 1-the arrangement provided for in this decree-law shall apply to all contractual relations in force on the date of your entry into force, except for: a) the count of the trial period and the periods of prescription and limitation in disciplinary matters that are under way; b) To discount the referred to in paragraph 3 of article 27 relating to workers recruited in date prior to 1 March 2000, which are eligible for accommodation at the official residence of the State. 2-remain covered by Social Protection scheme Convergent (RPSC) or by RGSS SPE workers of the MNE which, at the date of entry into force of this decree-law, are beneficiaries of these schemes. 3-the workers referred to in the preceding paragraph may opt for registration in the local social security scheme, applying, mutatis mutandis, the provisions of paragraphs 2 and 3 of article 19.
PRESIDENCY of the COUNCIL of MINISTERS 45 4-workers covered by the RPSC which must be framed in local social protection regime by virtue of legal or conventional imperative standard or by the exercise of the option referred to in the preceding paragraph, do not lose the quality of the Caixa Geral de Aposentações subscribers, being, however, required the payment of contributions or being the corresponding time of Office equivalent to entry of contributions. 5-RPSC regulations, supervision and verification of the status of worker of the SPE disease of MNE integrated that scheme, whose absence through illness continues for more than 60 consecutive days or charge a fraudulent behavior of the employee in respect of absences for sickness, is performed by a physician licensed in the country of Office or residence of the worker , responsible for Scouting the clinical State, designated by the head of mission or the consular post, producing the respective medical report the effects of the decision of the Medical Board of the GYM. Article 49 notifications and language all procedural acts and must be written in Portuguese language supporting or official translation, when written in a foreign language. Article 50 designation of new positions of authority the designation of the new positions of Chief of the Chancellery and accounting can only occur as long as it does not lead to increased costs for the budget of the global MNE.
PRESIDENCY of the COUNCIL of MINISTERS article 51 46 legal References in regulation, all references to consular official designated in accordance with article 12 shall be considered by the Chancellor or technical coordinator who has the effective exercise of these functions. Article 52 shall be repealed: the set Standard) Decree-Law No. 444/99, of November 3, amended by Decree-Law No. 180/2001, of 19 June, and other complementary legislation; b) articles 12, 15 and 32 of Regulation, approved by Decree-Law No. 71/2009, of 31 March. Article 53 entry into force this law shall enter into force on the first day of the month following the month of your publication. Seen and approved by the Council of Ministers of the Prime Minister and State Minister of finance and Minister of State for Foreign Affairs the Minister of Solidarity and Social security of the COUNCIL of MINISTERS PRESIDENCY 47 ANNEX (referred to in paragraph 2 of article 23) Special Assistant career structure of residence special Career Category degree of functional complexity number of positions of Assistant residence Assistant compensation residence 1 8