Key Benefits:
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Proposal for Law No 95 /XII
Exhibition of Motives
The present proposed legislation of the legislative authorization has as its purpose to authorize the
Government to legislate on the legal regime-laboral applicable to workers of services
external peripherals of the Ministry of Foreign Affairs, including the workers
of the official residences of the State.
The authorised decree-law that the Government proposes to approve in execution of the authorisation
legislative proposal that it submits to the Assembly of the Republic, will define the new rules of the regime
of employment contract applicable to employees of the external peripheral services of the
Ministry of Foreign Affairs, including the employees of the official residences
of the State, taking into account the recent changes of the labour regime of the
Public Administration.
With effect, with the entry into force of the Act No 12-A/2008 of February 27 of the Regime
of the Contract of Work in Public Functions, approved by Law No. 59/2008, of 11 of
September, and of the new Disciplinary Status of Workers Performing Duties
Public, approved by Law No. 58/2008 of September 9, all applicable to the
workers from the external peripheral services of the Ministry of Foreign Affairs,
including the employees of the official state residences, it becomes necessary to review the
respect status, in such a way as to regulate the specifics of the working regime
of those workers, approving a set of rules that purports to
framework, within the framework of the existing public employment legal relationship, which has in
it counts the special working conditions for the fact that they carry out duties in a service
external.
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Thus, they are intended to make changes to the level of recruitment, the rules regarding the
duration and organization of the working time, the holidays, the forms of cessation of the
contract of employment, as well as the disciplinary procedure.
A specific remunerative scheme for these workers is still expected, on the basis of
criteria for transparency and objectivity, creating for each country a remunerative system
uniform and convergent to the forecast for Portugal, reducing current wage values
inflated, so as to bring them closer to those practiced in these countries, without losing sight of
a global reduction in expenditure on personnel in structural fashion.
Regarding the mobility regime, the enlargement of internal mobility is intended to
intended for the remaining workers in public functions, alongside specific mobility
already existing today in the external peripheral services.
It is intended to also establish, as a general rule, that employees in the exercise of
public functions of the external peripheral services, including the workers of the
official residences of the State, become enrolled in the social security regime and the
local health systems of the countries where they are placed.
The Union of Consular Workers and Diplomatic Missions and the Missions were heard
National Federation of Public Function Unions.
Attentive to matter, at the headquarters of the legislative process taking place in the Assembly of the Republic, the
present proposal of law shall be the object of public appreciation by the committees of
workers, trade union associations and employers ' associations, in the terms of the articles
54, paragraph 5, para. d) and 56, paragraph 2, para. a) of the Constitution of the Portuguese Republic and of the
articles 469 to 475 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:
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Article 1.
Object
This Act grants the Government legislative authorization to approve the new regime
jurydico-laboral of the workers of the external peripheral services of the Ministry of the
Foreign Affairs, including the workers of the official state residences, well
how to amend the Act No 12-A/2008 of February 27 and the Disciplinary Statute of the
Workers who Exercise Public Functions, approved by Law No. 58/2008, of 9 of
September.
Article 2.
Sense and extension
The legislative authorization referred to in the previous article is granted in the sense of the Government
approving the legal regime-laboral of the workers of the external peripheral services of the
Ministry of Foreign Affairs, including the employees of the official residences
of the State, as well as amend the Act No 12-A/2008 of February 27 and the Statute
Disciplinary of Workers who Exercise Public Functions, passed by the Law
n ° 58/2008 of September 9 on the following terms:
a) Define special rules of recruitment and selection, holidays, licences and falters,
length and time of work, mobility, disciplinary status, social security
and health system for the workers of the external peripheral services of the
Ministry of Foreign Affairs;
b) Define for each country a system of compensation of the workers of the
external peripheral services to be integrated into the general careers of the Administration
Public, convergent and uniform to the target scheme for employees
integrated into these careers in Portugal;
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c) Define a specific mobility scheme for service workers
external peripherals, and restrict the application of the rules of mobility
intercareers or intercategories within the internal scope of the respecting service
external peripherals or between external peripheral services;
d) Adapting the holiday scheme by setting a maximum limit of public holidays
Portuguese and places susceptible to being able to be enjoyed in number equal to the
established for the remaining workers in public functions;
e) Adapting the system of licences, falters and waivers, safeguarding the
specialties resulting from extraterritoriality, as well as enrollment in
local social protection systems;
f) Establish a system of justified falters adapted to workers who
are enrolled in local social protection regime, which allows
compatibilize the protection afforded by the local social security regime, with
the labour regime provided for in the national legislation;
g) Establish, as a general rule, that the contractors for the exercise of duties
public in external peripheral services are to be entered into the scheme
general social security and the local health systems of the countries where they are
placed;
h) Create a specific regime of verification of temporary impediments to the
work to monitor the disease situations of those workers;
i) Apply to those workers the Disciplinary Status of Workers who
They exercise Public Functions, approved by Law No. 58/2008 of September 9,
with adaptations arising from geographical distance, from contact with others
languages and the need to ensure a uniform disciplinary practice;
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j) Establish a specific scheme for service workers
external peripherals of the Ministry of Foreign Affairs who exercise the
his duties in the official residences of the State in recruitment,
holidays, duration and organization of the working time, cessation of the contract of
work and disciplinary procedure, consentantaneous with the nature of the work
provided abroad that constitutes simultaneously site of prescriptions of
State and official residence of the head of mission, and regulate the creation of the respect
career;
k) Define a system of compensation of workers referred to in paragraph
previous convergent and uniform to the envisaged scheme for the overall career of
operational assistant of the Public Administration;
l) Establish a simplified scheme for the recruitment of the holders of
managerial positions in the external peripheral services adapted to the needs
specific to fill positions of this nature abroad,
extinguishing the current posts and categories of chefias and creating,
consequently, a post of administrative managerial of the peripheral services
external of the Ministry of Foreign Affairs, which is going on to be exercised in
service commission scheme of three years, in accordance with the
established for the intermediate direction positions of the Public Administration,
with the adaptations imposed by the subjection to the Public International Law and
by the extraterritoriality of services;
m) To establish that the applicability of Law No 12-A/2008 of February 27 and of the
Disciplinary Status of Workers Performing Public Duties,
approved by Law No. 58/2008 of September 9, to peripheral services
external of the Ministry of Foreign Affairs, concerning the
workers recruited to them to exercise duties, including the
employees of the official residences of the State, is without prejudice to the
mandatory rules of local public order and of instruments and normatives
special provided in a diploma of their own.
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Article 5.
Duration
The present legislative authorization has the duration of 180 days.
Seen and approved in Council of Ministers of September 20, 2012
The Prime Minister
The Deputy Minister and Parliamentary Affairs
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Decree-Law
The passage of the Law No 12-A/2008 of February 27, amended by the Laws n. 64-A/2008,
of December 31, 3-B/2010, of April 28, 34/2010, of September 2, 55-A/2010, of
December 31, and 64-B/2011, of December 30, henceforth designated by LVCR, which
it provides for the linking, career and compensation schemes of the workers who
carries out public functions, imposes the revision of the Staff Regulations of External Services
of the Ministry of Foreign Affairs (MNE).
LVCR defines the functional contents of each career and category in a more
comprehensive and generic, considering the career as an instrument of integration of the
worker in the dynamics of human resource management of public bodies and services and
of prediction and safeguarding of your career path, and not as the legal translation
of your professional activity, which allows for the transition to the general career of the
Public administration of workers with activities, occupations and jobs
distinct, passing the specificities of each to be hosted in the caraterization that of them
will take place on the personnel map, according to the nature and needs of the respected organ or
service.
Thus, the present diploma concretizes the transition of workers from external services
of the MNE for the general careers of the Public Administration and, in the case of workers who
carry out duties in the official residences of the State, for the career of assistant to
residence. It proceeds, still, to the extinction of the posts and categories of kingpin and to the creation of a
new post of administrative managerial of the chancellery services, which is exercised in
commission of service, with the duration of three years, defining the respective regime and
recruitment, in the senda of what is planned for the intermediate direction positions of the
Public Administration.
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In the framework of this review, it is also sought to ensure the maintenance of the
specificities inherent in these services, specifically those resulting from the dispersion
geographical that caraterizes them, thus imponing that the legal regime now approved
provides for harmonised application with the other legislation of the Public Administration.
In parallel, we safeguard the existing local public order standards
in the countries where the peripheral services are radicalized.
Aiming for the present legal diploma to approve the new jury-laboral scheme of workers
recruited by MNE to perform duties in its external peripheral services,
including in the official residences of the state, the same does not apply to workers
contracted by the honorary consuls.
The procedures stemming from Law No. 23/98 of May 26 were observed.
Thus:
In the use of the legislative authorization conferred by the Law n [Reg. PL 372/2012], and in the terms
of the paragraph b) of Article 198 (1) of the Constitution, the Government decrees the following:
CHAPTER I
General Provisions
Article 1.
Object and scope
1-The present decree-law establishes the legal regime-laboral of the workers recruited
to perform functions in the external peripheral services of the Ministry of Business
Foreigners, abbreviated by SPE of the MNE, including the workers
of the official residences of the State.
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2-The present decree-law also proceeds to the review of the current posts and categories of
managerial and the careers of technical, administrative, ancillary and laboring personnel, as well as to the
transition of the workers in them integrated into general careers, and, in the case of the
workers holding the categories of light driver and auxiliary service of services of
levels 1 and 2 of the career of ancillary personnel and guard categories and gardener of the
career of labourer staff, for the career of residence assistant, who sets up.
3-The present decree-law discipline still the regime and recruitment of the managerial positions
administrative of the SPE of the MNE.
Article 2.
Regime
1-To the employees of the administrative and consular services of the SPE of the MNE are
applicable legal provisions relating to employees in public functions,
in particular Law No 12-A/2008 of February 27, amended by the Laws
n. ºs 64-A/2008, December 31, 3-B/2010, April 28, 34/2010, 2 of
September, 55-A/2010, of December 31, and 64-B/2011, of December 30, henceforth
designated by LVCR, and Law No. 59/2008 of September 11, amended by the Decree-Law
n. 124/2010, and by the Leis n. ºs 3-B/2010, of April 28, and 64-B/2011, of 31 of
december, henceforth designated by RCTFP, with the specialties arising from the
present decree-law and the mandatory norms of local public order.
2-To the employees of the State's official residences are also applicable
legal provisions relating to employees in public functions, specifically the
LVCR and the RCTFP, with the specialties arising from the chapters I, III and V of the
present decree-law and the mandatory norms of local public order.
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Article 3.
Maps of personnel
1-The SPE of the MNE has a unique map of personnel, with identification of the number
of outposts, caraterised, specifically, by posts, by careers and by
categories, in which they are integrated all employees to perform duties in those
services, as well as the workers of the official state residences.
2-The personnel map referred to in the previous number is divided into so many maps of affectation
how many the SPE of the MNE, with the exception of the honorary consulates, proceeding to
affectation of workers according to the needs of each service.
Article 4.
Habilitational level requirement
1-In the concursal procedures for recruitment of workers to the SPE of the
MNE, including the workers of the official state residences, is required,
in respect of each of the careers referred to in the previous article, the degree
academic or the level of schooling prevailing in Portugal or the equivalent in the country where
the worker has completed the respective academic degree or level of schooling, when
there is no identity.
2-A The publicitation of the procedure may provide for the application of whom, not being a holder
of the habilitation required, consider having professional training or experience
necessary and sufficient for the replacement of that habilitation.
Article 5.
Requirements for admission
1-With the exception of nationality, in addition to the general requirements set out in the LVCR, it is
still considered a requirement for the constitution of public employment legal relationship the
compliance with legal obligations relating to entry and stay or residence in the
country where the duties are going to be carried out, albeit proven a posteriori , provided that
required to local entities within the time stipulated by the MNE for the purpose.
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2-Special requirements may be required for the constitution of the legal relationship of
public employment, provided that it is necessary for the exercise of functions, specifically the
knowledge of Portuguese and local languages.
Article 6.
Conclusion of contracts
The employment contracts in public functions for indefinite time and the term
resolutely right or uncertain for constitution of legal employment legal relations in the
SPE of the MNE, including in the official residences of the state, are celebrated by the head of
mission or consular post or in whom this delegate.
Article 7.
Evaluation of performance
The application of the integrated management system and evaluation of performance in the Administration
Public to the workers of the SPE of the MNE, including the workers of the residences
officers of the State, are, with the necessary adaptations, pursuant to Article 3 of the Law
n 66-B/2007 of December 28, as amended by the Laws n. 64-A/2008 of December 31,
and 55-A/2010, of December 31, henceforth designated by SIADAP.
Article 8.
Accreditation
It is up to the MNE to promote to the local authorities the necessary representations to the
obtaining the accreditation of workers, pursuant to the Vienna Conventions on
Diplomatic Relations and Consultations.
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CHAPTER II
Employees of administrative and consular services
SECTION I
Careers, recruitment and selection
Article 9.
Careers
The employees of the administrative and consular services of the SPE of the MNE, group together
in the general careers of superior technician, technical assistant and operational assistant.
Article 10.
Concursal procedure
1-The concursal procedure for recruitment of the workers referred to in paragraph 1 of the
article 1, excluding workers from the official residences of the State, is
regulated by porterie of the members of the Government responsible for the areas of
public administration and foreign affairs.
2-A The opening of the concursal procedure is authorised by order of the Secretary-General
of the MNE, which determines the number of jobs to be occupied, the functions a
ensure, as well as the affectation to the maps of the SPE respects.
3-The remaining acts and formalities necessary for the effective opening, instruction and completion of the
concursal procedure are the competence of the head of mission or the consular post,
without prejudice to the jury's competences of the concursal procedure.
4-From the exclusion of the concursal procedure, in any of its phases, it is up to appeal
hierarchical for the Secretary-General of the MNE, to be interdue within five working days.
5-A The hierarchical resource interposition suspending, in respect of the appellant, the effects
of the act of exclusion of the concursal procedure, not interfering with its subsequent
procedurant tramway.
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6-The decision term of the appeal is eight working days, counted from the date of delivery of the
resource, considering the same tacitly undue, with cessation of effect
suspensive of the appellant's exclusion act, when it is not handed down decision in that
deadline.
7-In the concursal procedure there is no place the complaint.
Article 11.
Determination of remunerative positioning
The positioning of worker recruited for the general careers of superior technician,
technical assistant and operational assistant, in one of the established remunerative positions
for the respect category in the remunerative table of the country where the SPE of the MNE is located
of exercise of duties, takes effect on the terms set for the remaining workers
in public functions, after permission of the Secretary General of the MNE.
SECTION II
Remunerative scheme
Article 12.
Remunerative tables
1-The remunerative tables of the employees of the SPE of the MNE, fixed by country and by
category, are approved by regulatory decree, which should establish the respects
criteria.
2-A update of the values corresponding to the remunerative positions of the tables
provided for in the preceding paragraph shall be taken by the members of the Government
responsible for the areas of finance, public administration and business
foreigners, taking into account the cost of living costs of the United Nations, constants
of the most recent publication of the " UN Bulletin of Statistics ", as well as inflation and variations
foreign exchange published.
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3-In the event of a sharp loss of purchasing power in any country by the isolated effect
or coupled with inflation and exchange rate variation, there may be place for the interim review of the
respects remunerative tables.
4-In global terms, the percentage value of the update cannot surpass the value
expected percent for the remaining workers in public functions.
Article 13.
Change in remunerative positioning
The development of the careers of MNE's SPE workers takes effect by
change of remunerative positioning in the remunerative table of the respect category
and country, on the same terms and conditions of the remaining workers in public functions.
Article 14.
Allowances
1-The employees of the SPE of the MNE shall apply to the scheme and the amounts of aid of
cost for travelling abroad provided for the remaining workers in
public functions, pursuant to regulation by dispatch of the members of the Government
responsible for the area of finance, public administration and business
foreigners.
2-To workers in the general careers of higher technician and assistant coach of the
SPE of the MNE, which handle or have at your guard in the treasury areas or
collection, values, cash, securities or documents, being by them responsible, is
due allowance for faults, under the law, in the amounts to be fixed, by country, in
regulatory decree.
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Article 15.
Accommodation provided by the State
Without prejudice to the mandatory discounts set out by the general law or by local legislation
imperative, to the workers of the SPE of the MNE who benefit from accommodation provided
by the State is discounted in the respective monthly base remuneration the corresponding value a
15% of this.
SECTION III
Mobility
Article 16.
Mobility
1-The workplace can be the object of definite alteration between SPE of the MNE,
upon agreement between the worker and the MNE.
2-Regardless of agreement, it can be determined by the MNE the definitive amendment
of the place of work when there are:
a) Substantiated convenience of service;
b) Total change, or partial of the external peripheral service;
c) Restructuring, merger or extinction, total or partial, of the diplomatic mission or
consular post, as well as rationalization of its effectors, on the terms
set out in the Decree-Law No. 200/2006 of October 25, with the exception of
rules relating to the fate of workers;
d) The statement as persona non grata of the worker.
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3-A change of place of work determined in the terms of the preceding paragraph shall,
where possible, take into consideration the proximity to the country of origin of the
worker, the identity or knowledge of the official language of the country of destination,
by always watching the employee the right to settle the contract on the grounds of
change in the circumstances.
4-In the definitive change of the place of work determined in the terms of the points a) a c) from the
n. 2, the employee is entitled to the payment of:
a) Value installation allowance equal to a monthly base pay of the respect
category and remunerative position of the external peripheral service where you will exercise
functions, unless you are assured accommodation for the office of the State or if the
transfer does not determine the worker's change of residence;
b) Worker's travel expenses, transportation and insurance expenses of goods
personal, which demonstrably arise from the change of residence of the
worker, up to the limit of 1000 kg, for worker without family aggregate, or
from 2000 kg, for worker with household, increased by-viature
automobile, should you have it.
5-The installation allowance provided for in the paragraph a) of the previous number corresponds to two
monthly base compensation if the employee has household, save if from the
household shall be part worker simultaneously transferred, in which case
there is only place to the payment of an allowance.
6-Havendo definitive change of the workplace, the worker passes the auwound to
remuneration set for your category and remunerative position in the table
remunerative of the country of destination.
7-Should the worker be positioned between two remunerative positions or above the
last position of the remunerative table of the country of origin, passes the auinjure, in the country of
destination, monthly base pay ascertained as follows:
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a) The difference is calculated, as a percentage, between the remuneration earned and the
amount of the remunerative position immediately lower than the same, in the country of
source;
b) It is then applied to the same percentage of difference in the amount of the
same position of the remunerative table of the destination country.
8-Checking the need for accreditation of the worker arising from the transfer,
the MNE shall ensure the delivery of the respective procedure, in the terms of the
applicable international conventions.
9-It is recognized to workers the right of mobility with each other, with no place at all
charge for the State, as long as they have the same professional category and there is
concordance of the respected heads of mission or the consular post and dispatch
favourable from the director of the General Administration Department of the General Secretariat of the
MNE, applying the provisions of paragraph 6.
10-Workers subject to change of workplace that entails change of
residence, are entitled to 10 days free of service for their effectivation, to enjoy in one or
two periods.
11-The internal mobility regime established in LVCR, specifically mobility
temporary internal, only applies to workers of the SPE of the MNE within the
respect SPE or between SPE.
12-For the purposes of temporary internal mobility, SPE are considered units
organic devolved from a same service.
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SECTION IV
Holidays, licences, falters and waivers
Article 17.
Holidays to watch
1-In the SPE of the MNE are observed the holidays of June 10 and of December 25,
as well as the holiday days to be defined by the bilateral diplomatic mission chiefs of each
country, ears the heads of the consular posts and the workers of the same country, of
between the days local holidays and the Portuguese holiday days, so as to perdo the
same number of holidays established for the remaining workers in functions
public.
2-The provisions of the preceding paragraph shall not apply to diplomatic missions and representations
multilateral that have exclusive chancellery and accounting services, in the
which are enjoyed the days of absence to the service established by the respects
international organizations.
3-A The decision of the bilateral diplomatic mission chief, pursuant to paragraph 1, is susceptible to
hierarchical resource for the Secretary General of the MNE, to be interacted by the committee of
workers or trade union representatives, within eight working days of the
respects affixing in place of style of the chancellery.
Article 18.
Licences, falters and waivers
Where of the application of standards of international law or local regimes of
social security results a regime of falters, licences and dispensations other than the one applicable to the
workers in public functions, it is considered justified the entire period of absence that
is found to be covered by the social protection scheme in which the employee is registered,
there is no place for payment of remunerations during the same period.
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SECTION V
Social protection and social benefits
Article 19.
Social protection and health system
1-The employees of the SPE of the MNE become covered, where possible, by the scheme
of local social security, without prejudice to the provisions of community regulations or
international instruments to which Portugal is bound, cabling to the Portuguese state
bear the charges on account of the employer.
2-When you are not admitted to enrolment in a local social security system or this not
provide for protection in eventualities that integrate the material scope of the general regime of
Portuguese social security of employees by outrain account (RGSS), as well as
accidents at work, is, where possible, concluded safe for coverage of the
eventualities not covered, with the corresponding charges being borne by the
worker and by the Portuguese State in the same percentages established for the
contributions and contributions to the RGSS.
3-A worker's comparticipation for the formation of the insurance premium to which it relates
the previous number, as well as with respect to possible franchises, may not exceed the
amount corresponding to contributions that would have to expend if it were entered in the
RGSS, having by reference the value of its retribution, according to the respect
percentage that serves as a basis for the effect of withholding tax.
4-In countries where there is no or not possible access to a health system, the
employing entity makes up for the expenses of the workers, pursuant to
would be able to approve by the members of the Government responsible for the areas of finance, the
public administration and foreign affairs.
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Article 20.
Surveillance and verification of disease situations
1-Without prejudice to the provisions of Community regulation or international instrument of
social security, for the purposes of the monitoring and verification of worker disease
enrolled in the RGSS, whose absence by disease extends for more than 30 days
consecutive or indict a fraudulent behavior of the worker in respect of
falters by disease, may the head of mission or consular post appoint a doctor
accredited in the country of exercise of duties or residence of the worker, with
competence for the afferition of the clinical status of the same, with no need for prior
application to Portuguese social security.
2-Where the worker absent by illness for the period or under the conditions referred to in the
previous number are enrolled in local social security scheme, the head of mission
or from the consular post requires the competent services to the designation of doctor who
proceed to the supervision or verification of the disease situation, and when those do not
do, can the head of mission or consular post designate for the medical effect
accredited from the area of residence of the worker, with the competence referred to in the
previous number, being applicable, with due adaptations, the provisions of the RCTFP.
3-The medical report issued in the terms of the previous figures produces the effects of the
decision of the commission of verification of temporary incapacity of social security
Portuguese, being referred to the Institute of Social Security, I.P., duly
translated, when it refers to the worker framed in the RGSS.
4-In the event of a disagreement between the medical opinion obtained under the terms of paragraphs 1 and 2 and the
proof of disease presented by the worker, the reassessment commission of the
disease status provided for in the RCTFP, will be constituted by the doctor who issued the
medical report referred to in the preceding paragraph, which has a vote of a tie-tie, and by others
two doctors, one designated by the worker and one by the MNE.
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5-If the worker does not proceed to the designation of doctor or the latter does not attend the
re-evaluation commission, it remains the decision issued pursuant to paragraph 3.
Article 21.
Meal allowance
1-The meal allowance is awarded to the employees of the SPE of the MNE, according to
the conditions laid down for the generality of employees in public functions,
being fixed the amount of respect amount, by country, by regulatory decree.
2-A meal allowance update takes effect on the same percentage of the update
for the remaining workers in public functions.
SECTION VI
Disciplinary regime
Article 22.
Disciplinary regime
1-To employees who find themselves to perform duties in the SPE of the MNE is applicable
Disciplinary Status of Workers Performing Public Duties, approved by the
Law No. 58/2008 of September 9, with the specificities provided for in this Article.
2-The right to institute disciplinary procedure prescribes:
a) Past one year on the date on which the infraction has been committed;
b) When the disciplinary procedure is not instituted within 60 days, the
count of the knowledge by the Diplomatic and Consular General Inspectorate (IGDC);
c) If, in the period of 90 days, the count of the knowledge of the fact susceptible to
framing disciplinary infraction, the hierarchical officer of the peripheral service
external do not communicate in writing to IGDC the knowledge of the infraction.
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3-The limitation period referred to in the preceding paragraph suspending itself for a period
maximum of six months when process of syndication is instituted to the organs or
services or process of inquiry or disciplinary, even if not directed against the
worker to whom the prescription takes advantage, when in any of them come ascertaining-
if infractions for which you are responsible.
4-A The suspension of the limitation period only operates when, cumulatively:
a) The procedures referred to in the preceding paragraph have been instituted in the 60
days following the suspicion of the practice of disciplistically punishable facts;
b) The subsequent disciplinary procedure has been instituted in the 60 days
following to the reception of those procedures, for decision, by the entity
competent; and
c) At the date of the introduction of the procedures referred to in the above points, no
is already prescribed the right to institute disciplinary procedure.
5-The disciplinary procedure prescribes decorous 18 months counted from the date on which it was
initiated when, at that time, the accused has not been notified of the final decision.
6-The period of limitation of the disciplinary procedure referred to in the preceding paragraph
suspends:
a) During the time in which, by force of jurisdictional decision or discretion
jurisdictional of any matter, the march of the corresponding procedure shall not
should start or continue the respect of the tramway;
b) During the period of dilation set out in Article 73 of the Code of the
Administrative Procedure for the realization of notifications and acts
procedural for the instruction and decision of the disciplinary procedure;
c) For the period necessary to obtain the translation of documents drawn up in
foreign language, which may not be more than three months.
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7-The limitation period of the prescription goes back to running from the day on which the cause of the suspension is caged.
8-It is admitted to the expert evidence held outside the national territory, provided that it is effected by
locally accredited technician, in accordance with the norms of local law.
9-The notifications to the worker are effected either personally or by post, to the
address indicated by the worker for the purpose of notification, as well as by edital
affixed in the chancellery's style place of the external peripheral service and which it produces
effects on the 3. the working day following that of your affixing.
CHAPTER III
Workers of the official state residences
Article 23.
Structure of the career
1-Workers who perform duties in the official residences of the State group together in the
unicategorial career of residence assistant, career of grade 1 complexity
functional.
2-A identification of the respect category, degree of functional complexity and number of
remunerative positions for the special career of residence assistant listed in the
annex to this decree-law, of which it is an integral part.
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Article 24.
Remuneration and remunerative positioning
1-The remunerative tables of the employees of the official State residences, fixed
per country, are approved by regulatory decree, which should establish the respects
criteria, whose values are the object of updating pursuant to Rule 12.
2-The worker positioning recruited for the special assistant career of
residence, in one of the remunerative positions established for the respective category in the
remunerative table of the country where the official residence of office of duties is located,
it takes place on the terms set for the remaining workers in public functions,
after authorization from the Secretary-General of the MNE.
Article 25.
Functional content
1-The workers of the official state residences perform duties
subordinated to the head of mission or the consular post and household respect,
how to implement them, specifically:
a) Kitchen services, desk and cleaning: elaboration of amendments and confection of
meals, table service, maintenance of equipment and instruments
used, as well as its regular inventoration, washing, processing and
realization of sewing services in personal and domestic wear of the
head of mission and its aggregate, as well as in parts for the purpose of
representation, cleaning and arrumo;
b) Gardening services: execution of gardening services, cultivation and
conservation of flowers, trees, shrubs, reloughs or other plants, in
parks or gardens affections to missions or consular posts and their residences
officers;
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c) Driver service: Driving of light vehicles at the service of the mission
diplomatic or consular post, in accordance with the instructions received from the chief
of mission or of the consular post, taking into consideration the safety of users
and of the goods, treatment, cleaning, maintenance and periodic review of the
viactus, superior participation of any avairies, accidents or any
everyday situation that may come to jeopardize safety or good
state of the vehicles affections to the external peripheral service, transport and delivery of
verbal notes, of correspondence, also of confidential cariz, of
official orders, loads and discharges of baggage or other goods whose
transportation to be determined and external support to the chancellery secretariat
or to the staff of residence, specifically mail and economy-saving purchases,
and implementation of other diversified functions of administrative support
indispensable for the operation of the diplomatic mission or the consular post;
d) Guard service: daytime or nighttime surveillance of the mission premises
diplomatic or consular post and his official residence, zelando for security
of persons and goods, access control to the facilities of the diplomatic mission or
post consular and respect official residence, when it exists.
2-To workers who perform duties in the official residences of the State incumbent
still perform other activities related to those described in the previous number or
other household chores, namely surveillance and assistance to children and guests
of the head of mission or consular post and treatment of domestic animals.
Article 26.
Recruitment
1-Workers of the state's official residences are recruited by choice of the chief
of mission or consular post, after publicizing the need for hiring, in
location of SPE style of the MNE for 10 days.
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2-The recruitment takes effect by conducting a professional interview, from among
individuals over the age of 18, with the habilitational level established for the
degree careers 1 of functional complexity, in the terms provided for in Article 4, and with
knowledge adjusted to the roles to be performed.
Article 27.
Contract
1-The contract of employment in public functions is reduced in writing, and may be concluded
for undetermined time or the resolute term right or uncertain, under the law.
2-The contract the right resolute term lasts for the agreed period, and may be renewed
for two times upon express communication to the contractor, not his or her
total duration exceeds three years, including renewals, not converting into case
any in contract for indefinite time.
3-The contract of the employees of the official residences of the State may be concluded with
accommodation in the official residence, proceeding at the discount of 15% of the value of the
respects monthly base pay.
4-It is not due to meal allowance to the worker whenever it is provided to you
food.
Article 28.
Duration and organization of the time of service
1-A daily duration of the provision of work, as well as organization of the time of your
provision, which must be concretely fixed, are established by the head of mission
or from the consular post, in accordance with the needs of the external representation and the
family aggregate, without prejudice to being assured of these workers, on each day, the
enjoyment of breaks for rest and meals which, as a whole, cannot be
less than four hours daily, as well as a night rest of at least eight
consecutive hours.
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2-The normal weekly working period cannot be more than 44 hours fractured from
effective working time, without prejudice to the functions of surveillance and assistance to be provided
to the household.
3-The night rest of the housed workers cannot be interrupted, save by
serious grounds of a non-regular nature and force majee, which must be recorded
in writing and delivered to the employee within a maximum of five days after the provision
of work in those conditions.
4-Workers are entitled to a mandatory weekly rest day, plus
half day of supplementary weekly rest, owing to these, being possible, coinciding
with Sunday and Saturday, respectively.
5-In the official residences of the State are observed the holidays to be set by the head
of diplomatic mission at the beginning of the calendar year and after hearing of the workers, from among
the days local holidays and the Portuguese holidays, so as to perdo the same
number of holidays established for the remaining workers in public functions.
6-A The labour activity of the workers of the official state residences is the object of
monitoring of assiduity and time-compliance, in the terms enshrined in the
RCTFP.
Article 29.
Termination of the contract
In addition to the causes of termination of the contract provided for in the RCTFP, the contract may still
cessation:
a) By expiry, in the terms of the following article;
b) By termination with just cause, in accordance with Article 31;
c) By abandonment of duties, in accordance with Article 32.
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Article 30.
Termination of the contract by expiry
The contract lapses in the terms and with the effects set out in the RCTFP and, still, in the following
cases:
a) By statement 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
exercise of functions;
b) Occurring extinction, merger or restructuring, total or partial, of the SPE of the
MNE, save when worker mobility occurs in the terms of the article
16.
c) With the retirement, retirement, old age or disability of the worker or when
perdo 70 years of age.
Article 31.
Termination with just cause
1-In addition to the causes provided for in the RCTFP, it constitutes just cause of termination any
fact or circumstance ascertained in disciplinary process that makes it impossible to maintain
of the contract of employment in official residence of the State, attentive to the special nature of the
Relation in question, specifically, as to the termination by the State:
a) Illegitimate disobedience to the orders emanating from the head of mission or the post
consular, even though transmitted by other members of their household;
b) Repeated disinterest in compliance, with due diligence, of the
obligations inherent in the exercise of the functions that are committed to it;
c) Repeated provocation of conflicts with another or other workers at the service
in the official residence of the State;
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d) Injury of serious patrimonial interests of the head of mission or consular post
or the household;
e) Unwarranted failure to service that determines harm or serious risks to the
head of mission or consular post or for the household respect;
f) Lack of culpable observance of standards of hygiene, safety and health in the
work;
g) Practice of physical violence, injurors and other offenses on the head of
mission or consular post, members of the household, others
workers at the service at the official residence of the state or other persons who if
go down to the official residence of the State;
h) Breach of secrecy on any matter that you have knowledge of by virtue
of the coexistence arising from the nature of the contract and of whose revelation may
result in injury to the honour, good name or heritage of the household or
of the Portuguese State;
i) Manifold lack of urbanity in the usual tract with the head of mission or of the
consular post or other persons who, regular or accidentally, meet
or are received at the official residence of the State;
j) Abusive introduction in the official residence of the State of strange people to the
same, without authorization or prior knowledge of the head of mission or the
consular post or from whom to replace it;
k) Refusal to account for money bills that have been entrusted to you for
purchases or payments or infidelity in the provision of these accounts;
l) Habits or behaviors that do not cohabit with the normal environment of the
family aggregate or tend to severely affect their respective health or quality
of life;
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m) Negligence relikely or reiterated in the use of home appliances,
service utensils, crockery, clothes and objects included in the stuffing of the residence
state official, when it results in failure, break or unutilisation which
imply damage to the heritage of the State, the head of mission or the post
consular.
2-A The existence of just cause is appreciated having in attention the nature of the relationships between the
parties, namely the nature of the worker's coexistence ties with the
household to whom it provides service.
Article 32.
Abandonment of functions
1-It is considered abandonment of duties to its non-exercise by the worker at the site of
work, accompanied by facts that reveal the intention to do so not to resume,
notably, its absence in a period of 10 days followed without the head of
mission or the consular post have received communication of the reason for the absence,
saved when the worker demonstrates having occurred cause of force majeany impediment
of this communication.
2-The abandonment of duties is considered resolution of the contract and constitutes the worker
in the obligation to indemnify the State in accordance with that set out in Article 285 of the
RCTFP.
3-A cessation of contract is only invoked by the State after submission of communication to
the abode indicated by the worker for the purpose of notification.
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Article 33.
Disciplinary action
1-The disciplinary procedure shall be completed in the 120 working days following that in
that the IGDC has had detailed knowledge of the facts that indict the practice of
disciplinary infraction, to which prescribes have elapsed one year over the time when it had
place.
2-The disciplinary procedure shall also prescribe if, in the period of 90 days from the
date of knowledge of the fact that is susceptible to framing of disciplinary infraction, the
responsible hierarchical not to communicate the IGDC, through the news self, the
knowledge of the infraction.
3-When it occurs susceptible to being found to be disciplinary infraction, for the purposes of
introduction of disciplinary procedure, the head of mission or the consular post
communicates to IGDC, in the previously anticipated terms, with knowledge to the
General Department of Administration of the General Secretariat of the MNE, the facts and
circumstances that have occurred, proposing, whenever the seriousness of the facts justifies it, the
preventive suspension of the worker, without loss of the monthly base remuneration.
4-Unless otherwise indicated by the IGDC, within five working days of the
communication referred to in the preceding paragraph, the head of mission or of the consular post
may proceed to the preventive suspension of the worker for the maximum period of 90 days
useful.
5-A IGDC draws on guilty note within 20 working days of communication
circumstantial of the facts, referring it to the head of mission or the consular post
for the purpose of notification to the person concerned.
6-The worker has 10 working days from the notification referred to in the preceding paragraph
for, wanting, to pronounce and to present to the head of mission or the consular post to
your defence, only being admitted testament or documentary evidence produced by
written.
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7-A disciplinary sanction application decision is delivered by the Secretary-General of the
MNE, upon proposal by IGDC, within 30 working days counted from the term of the
term referred to in the preceding paragraph.
8-From the final decision of the Secretary General of the MNE is a hierarchical appeal, to be intervened in the
deadline of 10 working days for the member of the Government responsible for the business area
foreigners, with suspensive effect, except if the Secretary-General or the member of the
Government to consider grounded that its immediate non-execution causes serious
injury to the public interest.
9-The notifications to the worker are always effected in person and by post,
for the abode indicated by the worker for the purpose of notification, as well as by
edital affixed in the chancellery's style place of the external peripheral service,
producing effects on the 3. the working day following that of its affixing.
10-All procedural and instructorial acts must be drawn up in Portuguese language or
subject to official translation, when drawn up in foreign language.
Article 34.
Other applicable standards
They are still applicable to the employees of official state residences the standards
set out in Chapter II of this decree-law, in the following subjects:
a) Determination of remunerative positioning;
b) Allowances;
c) Mobility;
d) Applicable social protection schemes;
e) Holidays, licences, falters and waivers;
f) Surveillance and verification of disease situations;
g) Meal allowance.
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CHAPTER IV
Chancellery and accounting chefs
Article 35.
Cargo of managerial
1-Is considered post of administrative managerial of the SPE of the MNE the post of head of
chancellery and accounting, the holder of which is designated by chancellor.
2-The managerial positions corresponding to each SPE of the MNE are predicted on the single map
of personnel.
Article 36.
Exercise of charge of managerial
1-The holders of the managerial position provided for in the previous article are designated, in committee
of service, by the Secretary-General of the MNE.
2-In the absences or impediments of the chancellor, his / her duties are ensured by
care worker SPE of the MNE who hold habilitations or experience
appropriate professional, designated temporarily for the purpose, in writing, by the
respects head of mission or consular post or by the Secretary General of the MNE.
3-In the cases of absence or hindrance of the foreign ministers for a period of more than 30 days,
followed or interpolated, is due, as of the 31. day of replacement, supplement
remunerative in the amount corresponding to 40% of the base wage of the worker
substitute, up to the limit of remuneration due to the chancellor replaced.
4-The chancellors or who replaces them are exempt from working hours, not if
finding waivers from the observance of the general duty of assiduity, nor of the
fulfillment of the weekly duration of legally established work and not being,
so, due to any remunerative supplement for work provided outside the
normal period of work.
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5-In the performance of their skills, the chancellors respond to the head of mission
or from the consular post or to whom this designates to that effect or to its legal substitute.
Article 37.
Exclusivity, accumulation of functions, incompatibilities, impediments and
inhibitions
1-The post of head of chancellery and accounting is exercised in regime of
exclusivity, implying renunciation of the exercise of any other activities or
functions of a professional, public or private nature, exerted with regular character
or not, and regardless of respect to the remuneration, without prejudice to the provisions of the
articles 27 to 29 of LVCR.
2-They shall also apply to the foreign ministers of the standards provided for in the LVCR concerning the
regimen of incompatibilities, impediments and inhibitions in the exercise of functions
public.
3-The exercise of the post of head of chancellery and accounting in centres
administrative common to various diplomatic posts or SPE of the MNE does not confer the
right to accumulation of remuneration.
4-A violation of the provisions of this Article shall constitute grounds for cessation of
commission of service, without prejudice to other cominations that the law stipulates.
Article 38.
Commission of service
1-A service commission of the chancellor has the duration of three years, successively
renewable for equal periods.
2-The exercise of commission of service in the SPE of the MNE dispensing the possession, occurring
with the communication in writing by the head of mission or the consular post for the
General Secretariat of the MNE, accompanied by declaration of acceptance.
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3-The time of service elapsed in service commission is counted in career and
category to which the worker returns.
4-A cessa service commission:
a) At all time, for convenience of service determined by the Secretary-General
of the MNE, upon denunciation with the 90-day prior notice;
b) By its term, when it is not expressly renewed;
c) By the taking of possession followed by exercise, to any title, from another post or
function, save in cases and during the time in which there is place for suspension;
d) By the extinction or reorganization of the organic unit, unless expressly
held the commission of service in the post of managerial who succeeding him;
e) For the violation of the rules of incompatibilities, impediments and inhibitions to
exercise of functions;
f) By order of the Secretary-General of the MNE, upon reasoned report of the
head of mission or consular post, in one of the following situations:
i) Non-achievement of the objectives set out in SIADAP;
ii) Lack of provision of information or poor provision of them,
when considered essential for the fulfillment of the global policy of the
Government;
iii) Non-proving supervenient of the appropriate capacity to guarantee the
compliance with the superiorly fixed guidelines;
iv) Need to print new guidance to the management of services.
g) In the sequence of disciplinary procedure in which it is concluded by the
application of disciplinary sanction;
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h) The application of the person concerned, presented in the services in advance
minimum of 90 days, which considers itself to be deinjured within 60 days of the date
of your presentation.
5-A termination of the commission of service on the grounds of paragraph (f) of the preceding paragraph
presupposes the prior hearing of the Chancellor on the reasons cited,
regardless of the organization of any procedure, specifically
discipline.
Article 39.
Competencies
In addition to others who are conferred by them by law or who are delegated by the
head of mission or consular post, are competences of the Chancellor:
a) Managing the post or consular section in the absences or impediments of the respect
holder, pursuant to the Consular Regulation;
b) To ensure the technical quality of the work produced and ensure compliance
of the time limits appropriate to the effective provision of the service, taking into account the satisfaction
of the interest of the recipients;
c) Effecteat the professional monitoring of employees in the workplace,
supporting and motivating service workers and providing them with the
professional knowledge and skills available and necessary for the financial year
of the functions inherent in the job posting, upon superior prior approval,
as well as the procedures most appropriate to the increment of the quality of the
service to be provided;
d) Disseminate to the employees the internal documents and standards of
procedure to be adopted, as well as to debate and clarify the actions to be developed
for fulfillment of the objectives of the service, so as to ensure commitment and
assumption of responsibility on the part of employees;
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e) Proceed to the control of assiduity, punctuality and compliance of the period
normal of work by workers;
f) Authorize the passage of certificates of documents filed in the respect
service, except when they contain confidential or reserved matter, as well as
the restitution of documents to those concerned;
g) Ensure the guard and conservation of the archive of the post or consular section.
Article 40.
Area of recruitment for the post of managerial
1-Chancellors are recruited following the concursal procedure promoted by the
General Secretariat of the MNE, from among citizens of Portuguese nationality, with
knowledge of the foreign language required for the mission or consular post:
a) Who are employees of the general career of superior coach, with legal relationship
of public employment constituted for at least three years and endowed with
technical competence and fitness for the exercise of direction functions,
coordination and control;
b) Who are employees of the SPE of the MNE, degree holders or who
have been exercising managerial roles for the past six years.
2-In cases where the concursal procedure is deserted or in which none of the
candidates gather conditions to be assigned, the chancellors can equally be
recruited, in subsequent concursal procedure, from among citizens of nationality
Portuguese with no previously constituted public employment legal relationship, provided that
are degree holders and who have at least three years ' experience
professional in directing, coordination and control functions in other public entities
or private, as well as knowledge of the foreign language required for the mission or
consular post, provided that:
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a) The interested service or body has requested it, in proposal
substantiated, to the member of the Government responsible for the area of the administration
public;
b) Recruitment kayba within the quota annually fixed for the effect by that
member of the Government;
c) The member of the Government responsible for the area of public administration has
authorized.
Article 41.
Concursal procedure
1-The notice of opening of concursal procedure is advertised on the Employment Exchange
Public, in the electro pages of the MNE and the SPE of the MNE to which the post and
fixed in place of style of the latter, and must appear on notice the 10-day time frame
useful for formalisation of applications, the place of exercise of functions, the post object
of tender, the profile of the candidate, the general and special requirements required, the criteria
of curriculum evaluation, the composition of the competition jury and the selection methods.
2-The applications are addressed to the Secretary General of the MNE and analysed by the jury of the
concursal procedure, within 20 days, for afferition of padding of the
general and special requirements by the candidates and their curriculum assessment, listening to the
profile required for the post.
3-The jury of the concursal procedure is constituted:
a) By a President, to be appointed from among the holders of senior positions of direction
of 1. degree of the MNE;
b) By two effective vowels, to be assigned from among the holders of directing positions
higher than 2. degree of the MNE;
c) For a minimum of two alternating vowels, to be designated from among the holders of
intermediate direction positions of 1. and 2 degrees of the MNE.
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4-Applicants who are excluded by the jury of the concursal procedure in the phase of
admission of applications, must be notified of the deliberation taken for, wanting,
submit complaint under the Code of Administrative Procedure.
5-Then the jury proceeds to the professional selection interviews, and may the same
take place by videoconference, taking into account the area of acting and the required profile
for the post, owing to deliberating, within 30 days, which candidate to select,
indicating the fundamentals of choice.
6-The jury may decide that none of the candidates gathers conditions to be designated
on the basis of the defined criteria.
7-The candidate selected for the post is designated by dispatch of the Secretary-General of the
MNE, published in Journal of the Republic , together with note on the curriculum
academic and professional, producing effects on the date of the order dispatch, unless
another date is there expressly fixed.
8-The concursal procedure is urgent and of public interest, with no place to
hearing of interested.
9-There is no suspensive effect of the interposed administrative appeal of the dispatch of
designation or of any other act practiced in the course of the procedure.
10-A proposition of cautionary providence of suspension of the effectiveness of an act
administrative practiced in the procedure does not have as an effect the prohibition of the
execution of that act.
11-Selected candidate is assigned in replacement regime while invigorating the
judicial suspension of the effectiveness of the assignment dispatch.
12-The replacement referred to in the preceding paragraph shall apply to the provisions of the n. 2 a to 5 of the
article 36.
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13-Applicants ' notifications are carried out to the postal or electronic address
expressly indicated in the application for the purpose, being its non-indication
reason for exclusion from the contest.
Article 42.
Paid status
1-The chancellors earn the monthly base remuneration as well as other components
which are due to them for the exercise of the post, established by regulatory decree
and updated in accordance with Rule 12 (2).
2-Mediating authorization expressed in the assignment dispatch, the chancellors that are
holders of a public employment legal relationship for indefinite time may
opt for the base remuneration of your category of origin.
3-For the purposes of the provisions of the preceding paragraph, it is adopted as a reference
or average base retribution effectively perceived during the year prior to the date of the
dispatch of assignment.
CHAPTER V
Supplementary, final and transitional standards
Article 43.
Amendment to Law No. 12-A/2008 of February 27
Article 3 of Law No 12-A/2008 of February 27, as amended by the Laws n. 64-A/2008,
of December 31, 3-B/2010, of April 28, 34/2010, of September 2, 55-A/2010, of
December 31, and 64-B/2011, of December 30, goes on to have the following essay:
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" Article 3.
[...]
1-[...].
2-[...].
3-[...].
4-A applicability of this Law to the external peripheral services of the Ministry of
Foreign Affairs, relatively to the workers recruited to them
exercise duties, including the employees of the official state residences,
does not harm the duration:
a) [...];
b) Of the imperative standards of local public order;
c) Of the special instruments and normations provided for in diploma
own.
5-[...]. "
Article 44.
Amendment to the Disciplinary Status of Workers Performing Duties
Public
Article 2 of the Disciplinary Status of Workers Performing Public Duties,
approved by Law No. 58/2008 of September 9, passes the following essay:
" Article 2.
[...]
1-[...].
2-[...].
3-[...].
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4-A The applicability of this Statute to the external peripheral services of the
Ministry of Foreign Affairs, concerning the employees
recruited to them to exercise duties, including the workers of the
official residences of the State, is without prejudice to the duration:
a) [...];
b) Of the imperative standards of local public order;
c) Of the special normatives provided for in a diploma of their own.
5-[...]. "
Article 45.
Transition of workers
1-MNE SPE workers who find themselves integrated into the single maps of
binding and contracting extinguished by virtue of this decree-law, transitions to
the general careers or for the career of assistant residency, under the terms of the
following numbers.
2-Transite to the general career of top technician the current workers holders of the
categories of specialist and technical manager, of the career of technical personnel.
3-Transite to the category of technical coordinator of the general assistant career
coach the current workers holding the categories of vice consul, head of
chancellery and chancellor.
4-Transite to technical assistant category of the general career of technical assistant the
current workers holding the categories of specialist administrative assistant,
principal administrative assistant and administrative assistant, of the career of personnel
administrative.
5-Transition to the operational assistant category of the general assistant career
operational the current workers holders of the operator and auxiliary categories
administrative, of the career of auxiliary personnel.
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6-Transite to the career of residence assistant the current workers:
a) Holders of the categories of light driver and service auxiliary from levels 1
and 2 of the career of ancillary personnel;
b) Holders of the guard categories and gardener of the career staffing career.
Article 46.
Remunerative repositioning
1-In the transition to new careers, categories and remunerative tables, the
workers are repositioned in the remunerative position of the remunerative table of the
country of exercise of functions whose pecuniary amount is identical to remuneration
basis to which they currently have a right, in it including the integration differentials or the
Seniority awards referred to in Articles 65 and 88 of the Decree-Law
n. 444/99 of November 3, as amended by Decree-Law No. 180/2001, 19 of
June.
2-In the event of a lack of identity, workers are repositioned in position
remunerative automatically created between two positions of the remunerative table
respect or beyond the last remunerative position, when it exceeds it.
3-A The nominative list of the transitions referred to in the preceding paragraphs is notified to each
one of the workers and made public through affixing in the places of style of the
SPE of the MNE.
4-A The current transition is without prejudice to the application to workers belonging to the former map
single binding that transitions to the general careers of the cessation regime of the
legal employment legal relationship established for employees in office
public that, with the entry into force of LVCR, have transitioned from the appointment regime
definitive for the modality of contract of employment in public functions.
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5-When workers have been repositioned between remunerative positions,
under paragraph 2 and when, at an ulterior time, the same should change their
remunerative position in the category, and of the change to the following position result a
remunerative addition lower than a fixed pecuniary amount, for each country, in
regulatory decree of the members of the Government responsible for the areas of finance,
of the public administration and foreign affairs, that amendment takes place for the
position that follows this, when there is.
Article 47.
Category of caretaker
Subsists, pursuant to Article 106 of the LVCR, the caretaker category.
Article 48.
Application of the law in time
1-The scheme provided for in this decree-law shall apply to all contractual relations
beholsable to the date of its entry into force, save as to:
a) To the counting of the experimental period and the limitation periods and expiry
on disciplinary matters that are ongoing;
b) At the discount referred to in Article 27 (3) in respect of workers
recruited on a date prior to March 1, 2000, which are benefiting from
accommodation in the official residence of the State.
2-Maintain themselves covered by the Convergent Social Protection Scheme (RPSC) or by the
RGSS the employees of the SPE of the MNE who, at the date of the entry into force of the present
decree-law, be beneficiaries of these regimes.
3-Workers referred to in the preceding paragraph may opt for enrolment in the scheme of
local social security, applying, with the necessary adaptations, the provisions of the n.
and 3 of Article 19.
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4-Workers covered by the RPSC that should be framed in a scheme of
local social protection by force of legal norm or conventional imperative or by the
exercise of the option referred to in the preceding paragraph, do not lose the quality of underwriters
of the General Box of Retirees, not being, however, required to be paid for
quotizations, nor being the corresponding time of exercise of duties equivalent to the
entry of quotizations.
5-Up to the regulation of the RPSC, the surveillance and verification of the disease situation of
worker of the SPE of the MNE integrated into that scheme, whose absence by disease if
extend for more than 60 consecutive days or indict a fraudulent behavior
of the worker in the matter of missing out of the disease, is effected by accredited physician in the
country of exercise of duties or residence of the worker, with competence to
afferition of the clinical status of the same, designated for the purpose by the head of mission or
of the consular post, producing the respected medical report the effects of the decision of the
medical board of ADSE.
Article 49.
Notifications and language
All procedural and instructor acts must be drawn up in Portuguese language or
subject to official translation, when drawn up in foreign language.
Article 50.
Designation of new managerial positions
The designation of the new posts of chancellery and accounting managerial can only occur
provided that it does not entail increased global charges for the MNE budget.
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Article 51.
Legal references
In the Consular Regulation, all references to consular official designated in the terms
of Article 12 shall be taken by the chancellor or technical coordinator who has the
effective exercise of these functions.
Article 52.
Abrogation standard
They are revoked:
a) The Decree-Law No. 444/99 of November 3, amended by the Decree-Law
n ° 180/2001 of June 19 and other supplementary legislation;
b) Articles 12, 15 and 32 of the Consular Regulation, approved by the Decree-Law
n. 71/2009, of March 31.
Article 53.
Entry into force
The present decree-law shall come into force on the first day of the month following that of its
publication.
Seen and approved in Council of Ministers of
The Prime Minister
The Minister of State and Finance
The Minister of State and Foreign Affairs
The Minister of Solidarity and Social Security
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ANNEX
(as referred to in Article 23 (2))
Structure of the special career of residence assistant
Special career Category
Degree of
complexity
functional
Number of
positions
remunerative
Assistant to
residence
Assistant to
residence 1 8
