Key Benefits:
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Proposal for Law No 147 /XII
Exhibition of Motives
1. The Program of the XIX Constitutional Government establishes a set of policies
conducive to the realization of economic growth, business competitiveness
and sustained creation of employment.
More establishes the Government Programme, measures that aim to provide the context
appropriate to the resumption and acceleration of economic growth, to consolidation, to
restructuring and the creation of companies and, well, to facilitate the operation of the
companies in everyday life.
It is further envisaged that the need to provide the companies with response instruments to the current
crisis situation, specifically through the reduction of costs associated with the
business restructuring, and the promotion of the necessary conditions to the increase of its
productivity and competitiveness. In that scope, it assumes special importance to
implementation of measures aimed at the modernization of the labour market and the
labour relations.
For the pursuit of such desiderata, the Government has made every effort with a view
achieving a comprehensive social agreement with the social partners, with a seat in the
Standing Committee on Social Concertation, tendant to the implementation of a
set of policies directed at growth, competitiveness and employment and, well
thus, to the fulfilment of the commitments made in the Memorandum of Understanding
on Economic Policy Condictionalities, May 17, 2011 (Memorandum
of Understanding), while assuring, concomitantly, the social cohesion necessary to
respects concretization.
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2. In this framework, on January 18, 2012, the Government and the majority of social partners
with a seat on the Standing Committee on Social Concertation, celebrated the
Commitment to Growth, Competitiveness and Employment.
In the terms provided for in such an agreement, and with respect for the commitments made in the
Memorandum, the revision of labour law has been progressively being
implemented, in particular with regard to the amendment of the legal regime of the
compensation due for termination of the contract of employment.
In realization of the agreed, however necessary, to make follow up such
process of the implementation of a mechanism that reinforces the guarantee of payment
effective of compensations to workers. It is, in effect, intended that,
regardless of the situation of the company, the employee always receives at least
a part of the amounts to which you are entitled, to the title of compensation for the cessation of the
respected contract of employment.
In that context, the establishment of a basic funding mechanism was agreed upon
business, intended to guarantee the partial payment of the compensations due to the
workers on the grounds of termination of the contract of employment, the Fund of
Compensation for Work (FCT).
The essay of this Law thus results in a process of close collaboration between the
Government and the majority of social partners with a seat on the Standing Committee on
Social Concertation, of which it also adheres that companies can opt in, alternatively,
by a Equivalent Mechanism (ME) and, well thus, the need for the creation of a
Work Compensation Guarantee Fund (FGCT).
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3. Under the terms of this Act, the FCT is an individual capitalization fund, to be
triggered by the employer, which aims to ensure the payment of up to half of the value of the
compensation due for termination of the employment contract, calculated in the terms of the
article 366 of the Labour Code.
It still creates ME, while an alternative medium to the FCT, by which the employer gets
linked to granting the worker equal guarantee to the one that would result from the linking to the
FCT. ME is subject to the supervision of the Bank of Portugal or the Insurance Institution
from Portugal, I.P..
4. In turn, the FGCT is a mutualistic nature fund, which could be triggered by the
worker, in cases where he / she has not received from the employer at least the
amount corresponding to half of the value of the compensation due by cessation of the
contract of employment. The FGCT thus aims to guarantee the necessary value to the coverage of
half of the value of the compensation due for termination of the calculated contract of employment
pursuant to Art. 366 of the Labour Code, subtracted from the amount already paid by the
employer to the worker. It matters, however, to point out that the FGCT does not respond by
any value whenever the employer has already paid the worker equal value or
higher than half of the compensation due for termination of the employment contract
calculated in accordance with Article 366 of the Labour Code.
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5. In the first three years of the implementation of the present legal regime and in such a way
guaranteeing the efficiency and sustainability of the FCT, the Institute of Fund Management of
Capitalization of Social Security, I.P. (IGFCSS, I.P.), ensures the operation of the
FCT, celebrating, for the purpose, protocols with the Institute of Social Security, I.P.
(ISS, I.P.), or with the competent social security institutions of the Regions
Autonomous. The FCT is managed by a board of management, of tripartiting composition,
composed of twelve members, one president and eleven vowels. Finishes the said period, is
intended that, in the seat of the Standing Committee on Social Concertation, be appreciated to
possibility of, upon amendment of the legal regime provided for in this proposal of
law, the management of the FCT can be exercised also by private entities, selected
upon public tender.
In turn, the Institute of Financial Management of Social Security, I.P. (IGFSS, I.P.),
ensures the functioning of the FGCT, celebrating, for the purpose, protocols with the ISS,
I.P., or with the competent social security institutions of the Autonomous Regions. The
management of the FGCT competes, also, to a management board, of tripartiting composition,
composed of 12 members, 1 president and 11 vowels.
Thus, at an early time, the management of the funds will be secured by the entities
competent in the area of solidarity and social security, by virtue of experience
accumulated and recognized in terms of risk mitigation.
6. Accession to the FCT determines, for the employer, the mandatory to effect deliveries,
in amount equivalent to 0.925% of the base consideration and diuturnties, for each
worker covered. In turn, the membership of the FCT or the ME determines yet, for the
employer, the compulsion to make deliveries to the FGCT, in value
corresponding to 0.075% of the base consideration and diuturnals, by each worker
covered.
The said deliveries are paid on a monthly basis, 12 times per year, and respect to 12
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retributions monthly bases and diuturnals by each worker.
This Law applies to contracts for work entered into after it is entered into
vigour, having always by reference the seniority of the workers, counted from the
moment of the execution of those contracts.
They shall be excluded from the scope of this Law, the working relationships
emerging from very short working contracts duration and the working relationships
with the services referred to in Article 3 (3) of the Article 3 of Law No 12-A/2008 of 27
of February, including the public institutes of special regime.
The Social Partners were consulted, at the headquarters of the Permanent Commission of the Concert
Social.
He was promoted to the hearing of the Bank of Portugal and the Insurance Institute of Portugal.
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:
Chapter I
Initial provisions
Article 1.
Object
This Act establishes the legal regimes of the labour compensation fund (FCT),
of the equivalent mechanism (ME) and of the work compensation guarantee fund
(FGCT).
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Article 2.
Scope of application
1-A This Law shall apply to the working relationships regulated by the Labour Code,
approved by Law No. 7/2009 of February 12 and amended by Laws No 105/2009,
of September 14, 53/2011, of October 14, 23/2012, of June 25, and 47/2012, of
August 29.
2-A This Law applies only to employment contracts entered into after it is entered into
in force, having always by reference to seniority, counted from the time of
execution of those contracts.
3-The emerging working relationships of very short working contracts,
regulated in Article 142 of the Labour Code, are excluded from the scope of
application of this Law.
4-A reference, in this Law, to the compensation calculated in accordance with Article 366 of the
Labour Code, includes all cases in which this provision will result in,
directly or by legal remission, in the event of termination of the contract of employment.
5-Stay excluded from the scope of this Law the working relationships with the
services referred to in Article 3 (3) of Article 3 of the Law No 12-A/2008 of 27 of
February, including the public institutes of special regime.
6-Temporary working companies shall become subject to the scheme provided for in this Law.
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Chapter II
General provisions
Article 3.
Nature and purposes
1-The FCT and the FGCT are funds designed to ensure the right of employees to the
effective receipt of half of the value of the compensation due by cessation of the
contract of employment, calculated in accordance with Article 366 of the Labour Code.
2-The FCT and the FGCT are autonomous funds, have legal personality and do not integrate the
perimeter of consolidation of social security, nor the Social Security Budget.
3-The FCT and the FGCT are individual and mandatory membership funds, by the employer,
may this, however, join ME, in alternative to the membership of the FCT, under the terms of the
set out in paragraph 6 and Article 36.
4-The FCT is an individual capitalization fund, which aims to secure the payment up to
half of the value of the compensation due by termination of the employment contract,
calculated in accordance with Article 366 of the Labor Code, and which responds to the
limit of the amounts delivered by the employer and possible positive valorisation.
5-The FGCT is a mutualistic nature fund, which aims to guarantee the necessary value to the
coverage of half of the value of the compensation due for termination of the contract of
work calculated in the terms of Article 366 of the Labour Code, subtracted from the
amount already paid by the employer to the worker.
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6-The FGCT does not respond for any value whenever the employer has already paid the
worker value equal to or greater than half of the compensation due by cessation of the
contract of employment calculated in accordance with Article 366 of the Labour Code.
7-ME is an alternative means to the FCT, by which the employer is linked to
granting the employee equal guarantee to the one that would result from the linking of the employer to the
FCT, in the terms set out in paragraph 4.
Article 4.
Heritage and affection values
1-The FCT and the FGCT have their own heritage and the deliveries that are legally received
are values to these affections, managed by the corresponding gestural entities.
2-In the composition of the heritage of the FCT and the FGCT, the managing entities must have
into account the objectives and the purposes to support it by the same, ensuring the
observance of the principle of risk dispersion, as well as safety, yield
and the liquidity of the applications effectuated.
3-The heritage of the FCT and the FGCT shall be constituted, in particular, by deposits
banking, securities, representative instruments of short-term debt,
or other assets of a monetary nature.
4-The assets referred to in the preceding paragraph shall be subject to the limits set in the respects
management regulations.
Article 5.
Start, duration and extinction
1-The FCT and the FGCT commence their activity, pursuant to this law, on the date
of the entry into force of the respective regulations of management.
2-The FCT and the FGCT have unlimited duration.
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3-The FCT and the FGCT extinguish themselves when, for any cause, if they deplete their object,
and shall proceed to the settlement of the patrimony patrimony.
Article 6.
Applicable legal regime
1-The FCT and the FGCT shall be governed by the rules laid down in this Law, in respect of
management regulations and the internal regulations respecting internal regulations.
2-A The financial management of the FCT and the FGCT, including the organization of its accounting,
be governed by the rules provided for in the respects regulations of management and regulations
internal.
Article 7.
Regulations
1-The FCT and FGCT management regulations are drawn up by the respective
chairman of the board of management and approved by the respected management board.
2-The FCT and FGCT management regulations contain the elements that characterize
each of the funds, specifically:
a) Denomination, seat and functions of the managing body;
b) Definition of the concepts necessary for the proper clarification of the conditions of
accession;
c) Investment policies;
d) Description of the criteria for charges to be borne;
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e) The rules and method of calculating the value of assets.
3-The FGCT's management regulation shall still provide for its annual minimum overall value,
for the purposes of the point b) of Article 45 (1), which shall never be lower than the cost of the
values paid in the previous year, increased by 50% of the remaining total value, without
prejudice to the provisions of Article 45 (2).
4-The FCT and FGCT management regulations are published in Journal of the Republic .
5-The internal regulations of the FCT and the FGCT are drawn up by the President of each
board of management and subject to the approval of the respective management board.
Article 8.
Membership
1-The employer is obliged to join the FCT, save option by membership of ME.
2-A option provided for in the previous number is block, relatively to the full
of the workers in the service of the respective employer.
3-With the conclusion of the first contract of employment covered by the provisions of the present
law, and consequent communication of admission of the employee to the FCT or ME, the membership
to the same automatically-if automatically, by means of the inclusion of the worker's respect
in those.
4-The employer must include the employees in the FCT or ME up to the date of the start of
implementation of the respected employment contracts.
5-After the conclusion of the first contract of employment covered by the provisions of the present
law, the employer proceeds to the communication to the FCT and FGCT of the admission of new
workers, for the purpose of their inclusion in the FCT and the FGCT.
6-With the membership of the FCT is created, by the managing entity, a global account, in the name of the
employer, which necessarily provides for individualized registration accounts, relating
to each of its workers.
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7-A adherence to FGCT operates in an automatic manner, with the membership of the employer to the FCT
or the ME.
8-Without prejudice to the provisions of the preceding paragraph, in the event of membership of ME, the admission of
new workers must be reported, by the employer, to the FGCT, up to the date of the
commencement of the implementation of the respect contracts for work contracts.
9-Constitute very serious counterordinance the violation of the provisions of the n. paragraphs 1 a to 5 and 8.
Article 9.
Cessation of membership
The adherence to the FCT and FGCT finishes with the cessation of employer activity in the system
of social security.
Article 10.
Impenhorability and intransmissibility
Save in the cases provided for in this Law, the balance of the overall employer account in the FCT,
including the totality of the balance of individualized registration accounts, relating to each
of your workers, it is incommunicable and impawable.
Article 11.
Obligation to pay
1-A adherence to the FCT determines, for the employer, the mandatory payment of the
respects deliveries.
2-A adherence to the FCT or ME determines, for the employer, the compulsion of the
payment of deliveries to the FGCT.
3-The deliveries to which the previous figures are referred are due from the time
where the execution of each contract of work and up to its cessation, save in the
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periods in which there is no seniority count.
4-At the beginning of the implementation of each contract of employment the employer must declare to the
FGCT and, where applicable, to the FCT, the value of the employee's base consideration, owing
this statement is the object of updating whenever there are changes of your
amount or the diuturnities to which the employee comes to be entitled.
5-Constitute very serious counterordinance to the violation of the provisions of paragraphs 3 and 4, in what
respects the lack of initial declaration of the value of the employee's base retribution.
6-Constitutes serious counterordinance to the violation of the provisions of paragraph 4, with respect to the
update communication, whenever due.
Article 12.
Amount of deliveries
1-The value of deliveries of the employer's liability to the FCT corresponds to
0.925% of the base consideration and diuturnties due to each worker covered.
2-The value of deliveries of the employer's liability to the FGCT corresponds to
0.075% of the base consideration and diuturnties due to each employee covered by the
FCT or ME.
Article 13.
Forms of payment of deliveries
1-The payment of the deliveries to the FCT and the FGCT is effected through transfer
bank.
2-deliveries are paid 12 times a year, monthly, in the deadlines set for the
payment of contributions and social security contributions and respect to 12
monthly base retributions and diuturnals, by each worker.
3-Constitute counterordinate grave the violation of the provisions of the preceding paragraph.
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Article 14.
Undue triggering of the Work Compensation Fund and the Fund of
Guarantee of Work Compensation
Any behaviour, from the employer or the employee, conducive to triggering
of the FCT or of the FGCT outside the conditions and purposes set out in this Law, determines the
refusal to pay the required values.
Article 15.
Admissibility of transfer
1-A adherence to FCT or ME does not prevent further transfer of the entirety of the
workers at the employer's service to ME or FCT, respectively, provided
that such a transfer does not prejudice, in any case, the guarantees already conferred and the
values already assured to employees, with respect to the period leading up to
transfer.
2-In all situations provided for in the Labour Code, in which you operate, to any title,
the transmission of the contractual position of the employer to the third party, by violation of standards
legal, the originating employer must transfer to the new employer the balance of the account
of individualized registration of the worker's respect, including the possible valorisation
positive.
3-If, in the case provided for in the preceding paragraph, the worker is included in ME, of the
said transmission to FCT or to another ME cannot result in any reduction
of the guarantees given to the employee by this diploma.
4-In cases referred to in paragraphs 2 and 3, you have application of the provisions of paragraphs 2 a to 7 of the article
next, with the necessary adaptations.
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5-Constitute very serious counterordinance to the violation of the provisions of the final part of paragraph 1 and
in the n. paragraphs 2 and 3.
Article 16.
Transmission of enterprise or establishment
1-In the event of a transmission, by any title, of the title of company or of
establishment or even of a part of an enterprise or establishment constituting a
economic unity, pursuant to Article 285 of the Labour Code, the transmitter
assumes the entitlement of the global account that belonged to the transmittance.
2-Where the transmission referred to in the preceding paragraph shall impose that the transmittant
keep the entitlement of the global account relatively to workers not covered
by the transmission, the balance of the individualized registration account of the employees included
in the transmission, including the eventual positive valorisation, should be transmitted to the
global account of the transmitter, already existing at the date of transmission.
3-If, in the case provided for in the preceding paragraph, the transmitter does not yet dispose of account
global in the FCT, the same must be constituted, by adherence of the transmitter to that,
applying, with the necessary adaptations, the one provided for in Article 8.
4-A FCT membership obligation referred to in the preceding paragraph shall not apply if the
transmitter opt for the inclusion of the workers object of the transmission in ME.
5-Should workers find themselves, at the date of transmission, included in ME, the
transmission to FCT or to another ME cannot, under any circumstances, harm the
guarantees already conferred on workers, with respect to the period leading up to
transfer.
6-If, in the cases referred to in paragraphs 1 a to 3 and 5 result in the binding of the new employer to the
FCT and to one or more equivalent mechanisms shall be the one, within six months,
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opt for one of these alternatives.
7-The one provided for in this provision shall, in no case, prejudice the guarantees already
conferred on workers, with respect to the period leading up to the transfer.
8-Constitute very serious counterordinance the violation of the provisions of paragraphs 1, 3 and 5 a 7 and in the
n. 2, as to the transmitant.
Article 17.
Illicit dismissal
1-In the wake of a court decision that, in the event of unlawful dismissal, impose the
reintegration of the worker, the employer is obliged, within 30 days counted
from the date of the transit on trial of that decision, the new inclusion of the worker
in the FCT, and the consequent reposition of the account balance of the individualized record of the
worker at the date of the dismissal and the deliveries he has ceased to make, relatively
such a worker, since this date.
2-The provisions of the preceding paragraph shall apply, with the necessary adaptations, to the FGCT and to
ME.
3-In the follow-up to a court decision carried on trial that declarates the dismissal
illicit, should the FGCT have been triggered for payment of part of the compensation
due by termination of the contract of employment calculated in accordance with Rule 366 of the
Labour Code, the worker must, within 30 days, return to the FGCT the
values that by this have been advanced.
4-A The return referred to in the preceding paragraph may be effected by the overall amount of the
debt or in installments, upon agreement, to be concluded with the FGCT, in the terms and in the
conditions approved by dispatch of the respective chairman of the management board.
5-Upon receipt of the amounts referred to in paragraph 3, the FGCT shall return them, in the
period of 15 days, in due proportions, to the FCT or to the employer, if applicable.
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6-Constitute very serious counterordinance the violation of the provisions of the n. ºs 1 a to 3.
Article 18.
Managing entities
1-The respective management advice of the FCT and the FGCT, have the skills provided for
in Articles 22 and 38.
2-The managing entities of the FCT and the FGCT are, respectively, the IGFCSS and the IGFSS.
3-General assignments of the managing entities of the FCT and the FGCT, specifically:
a) Managing the investment by practicing the necessary acts and operations to the good
delivery of the investment policy, namely:
i) Select the assets;
ii) Acquire and alienate the assets, fulfilling the necessary formalities for the
valid and regular transmission of them;
iii) Exercise the rights related to the assets;
b) Administer the FCT and the FGCT and values to these affections, namely:
i) To ensure the legal and accounting services necessary for the management of funds;
ii) Clarify and analyze the issues and complaints;
iii) Comply with and monitor the observance of the applicable standards, of the regulation of
management, internal regulation and contracts concluded within the framework of the activity
of the FCT and the FGCT;
iv) Effecating the settlement and clearing procedures;
v) Conserve documents.
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4-The Institute of Management of Social Security Capitalization Funds, I.P. (IGFCSS,
I.P.), further ensures the functioning of the FCT, celebrating, for the purpose, protocols
with the Institute of Social Security, I.P. (ISS, I.P.), or with the security institutions
competent social media of the Autonomous Regions.
5-The Institute of Financial Management of Social Security, I.P. (IGFSS, I.P.), ensures yet
the functioning of the FGCT, celebrating, for the purpose of, protocols with the ISS, I.P., or
with the competent social security institutions of the Autonomous Regions.
6-A The economic and financial management of the FCT and FGCT is disciplined by the respective
plans for activities, budgets, account reports and annual balance sheets.
Article 19.
Investment policy
The investment policy of the FCT and the FGCT, specifying the principles applicable in
matter of definition, implementation and control of the same, is defined in the
respects management regulations.
Article 20.
Operating expenses
1-The operating expenses of the FCT and the FGCT only are covered by deduction
to the income earned from the application of capital, and may not such deductions
surpass 25% of the generated income.
2-By virtue of initial investment costs may be unceable to cover
by the value made available to cost the operating expenses, may the Council
of Management, in the third year of the respective funds of the funds, to approve reckoning,
meeting the ascertained and uncovered costs until then.
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Chapter III
Work Compensation Fund
Article 21.
Board of Management
1-The FCT is managed by a management board composed of 1 President and 11 vowels.
2-The management board integrates:
a) The President of the IGFCSS, I.P., who presides;
b) A representative appointed by the member of the Government responsible for the area of
finance;
c) A representative appointed by the member of the Government responsible for the area
labour;
d) A representative appointed by the member of the Government responsible for the area of
social security;
e) A representative of each of the employers ' confederations with seat in the
Standing Committee on Social Concertation;
f) Two representatives from each of the union confederations with seat in the
Standing Committee on Social Concertation.
3-By each effective member, an alternate member is also assigned.
4-It shall be up to the entities indicated in paragraph 2 to designate the respected representatives.
5-The chairman of the management board has a vote of quality.
6-A The organisation and operation of the management board shall be governed by the provisions of the
internal regulation.
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7-The President of the IGFCSS, I.P., and the representatives appointed by the members of the
Government, as well with its alternates, are not remunerated by the exercise of duties
as members of the management board.
Article 22.
Competencies of the management board
It is incumbent on the management board:
a) The approval of the plan of activities and the budget;
b) The approval of the report of activities and the annual accounts and balance sheet;
c) Follow up on the activities of the FCT, presenting to the President proposals,
suggestions, recommendations or requests for clarification that understand
convenient, as well as proposing the adoption of measures that it judges necessary to the
achievement of its purposes;
d) Approve the FCT's management regulation, and the same shall be published in
Journal of the Republic ;
e) Approve the internal regulation of the FCT, which should be subject to advertiser on the site
official Electronico of the Fund.
Article 23.
Meetings of the management board
1-The management board meets ordinarily once a month and extraordinarily
whenever the respect president the convoque, for his or her initiative or the solicitation of a
third of its members.
2-The members of the management board may delegate their vote within each
representation.
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Article 24.
Competences of the Chairman of the Management Board
1-Compete to the chairman of the management board:
a) Drive the activity of the FCT, ensuring the development of its assignments;
b) Managing the financial resources of the FCT;
c) Issue the appropriate internal nature guidelines to the proper functioning of the FCT;
d) Elaborate the internal regulation necessary for the organization and operation of the
FCT, as well with the management regulation, subjecting them to the assessment and
approval of the management board;
e) Perform and implement, within the framework of their functional autonomy, the guidelines, the
suggestions and the deliberations of the management board;
f) Elaborate monthly reports of the developed activity, which include information
on the volume of requests, questions and complaints presented, the sense
of the decisions, on the recovery representations of ongoing credits, as well as
information regarding the revenues raised and the expenses effected, subjecting them
to the assessment of the management board;
g) Draw up the annual activities plan and the annual budget and submit them to the
assessment and approval of the management board;
h) Draw up the annual activity report and account report and balance sheet of each
exercise and submit them to the assessment and approval of the management board;
i) Ensure the representation of the FCT in judgement or outside of it, as well as confer
mandate to that effect;
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j) Authorize expenditure on the acquisition, disposal or leasing of goods and services and the
realization of endeavor, within the limits set by law and in accordance with the
provided for in the plan and in the budget;
k) Establish relations with the institutions of the banking system;
l) To ensure payment of the values due to employers;
m) Exercise the remaining powers delegated to it or subdelegated by the
management board.
2-In his absences and impediments, the president is replaced by whom the council of
management indicate.
3-The documents provided for in the 3 f ), g) and h ) of paragraph 1 shall be subject to advertiser
in the official electronic site of the fund.
Article 25.
Single fiscal
1-The single tax officer is assigned, from among official reviewers of accounts, by the board of
management, of which it shall appear still the designation of the alternate supervisor.
2-The mandates of the single supervisor and the alternate supervisor shall have the duration of three years, and may
be renewed for equal periods of time.
3-A The remuneration of the single supervisor is defined by the management board.
Article 26.
Competences of the single tax
Compete for the single tax:
a) Follow up the financial management of the FCT;
b) Issue Opinion on the budget, the annual plan of activities, the report of
accounts and annual balance sheet;
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c) Scrutinise the implementation of FCT accounting and compliance with normatives
applicable, informing the board of management of any detached anomaly;
d) Scrutinizing the effectiveness of the risk management system and the control system
internal;
e) Request to the board of management joint meetings, when, within the framework of their
competences, the understanding;
f) Pronounce on any subject of interest to the FCT, which is submitted
to your assessment by the chairman of the management board;
g) Draw up quarterly reports and annual report on the supervising action exercised;
h) Follow up with employers ' credit satisfaction operations and respect
recovery developed by the FCT.
Article 27.
Linking
1-The FCT obliges itself by the signature of the Chairman of the Management Board and of one of the
other members of the management board, to be set out in the management regulation.
2-The acts of mere expediency that it does not result in obligations to the FCT may be
signed by the one to whom such power has been expressly conferred by the
management board.
Article 28.
Revenue from the Labour Compensation Fund
They constitute revenue of the FCT:
a) The deliveries;
b) The proceeds derived from the investments made;
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c) The amounts resulting from the coercive charges, relating to the FCT, deduced
the expense;
d) The transfers of the surpluses of the annual FGCT balances, when they there are
place;
e) Other revenue arising from the management of the fund.
Article 29.
Expenditure of the Labour Compensation Fund
They constitute expenses of the FCT:
a) The values of the reimbursements paid;
b) The expenses of administration and management;
c) Other expenses provided for in respect of the management regulation;
d) Values paid to the FGCT.
Article 30.
Accounts
1-The amount of deliveries is monthly credited to the employer's overall account and
allocated to the individualized registration accounts of each worker.
2-The balance of the individualized registration accounts of each employee is, at each time,
the result of the valorisation of the amounts allocated to the same, in the terms of the respect
management regulation, as well as the distribution of any surpluses
coming from the FGCT.
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Article 31.
Balance
The overall balance of the employer account translates, at each time, the sum's summation
ascertained in each of the individualized registration accounts of each employee.
Article 32.
Information
The managing body shall make available to the employer, via website,
up-to-date information on the amount of deliveries made and the valorisation of the account of the
employer and respect individualized registration accounts of each employee,
relatively to the previous 12 months.
Article 33.
Payment to the worker
1-In the event of termination of employment contract that originates the right to compensation
calculated in accordance with Article 366 of the Labour Code, the employer pays the
worker to the full amount of the compensation, in the terms and conditions laid down
in the Labour Code, without prejudice to the right to reimbursement provided for in the article
next.
2-Where the employer is not, in whole or in part, the payment provided for in the
previous number, can the worker trigger the FGCT, by the required value to the coverage
of half the value of the compensation due for termination of the employment contract,
calculated in accordance with Article 366 of the Labour Code, subtracted from the amount already
paid by the employer to the employee, pursuant to Articles 46 to 49 of this Law.
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3-The FGCT does not respond for any value whenever the employer has already paid the
worker value equal to or greater than half of the compensation due by cessation of the
contract of employment calculated in accordance with Article 366 of the Labour Code.
Article 34.
Right to reimbursement on the part of the employer
1-In any case of termination of the employment contract the employer may apply for the
FCT, with a maximum advance of 45 days regarding the date of the cessation of the
work contract, the refund of the balance of the individualized registration account of the
respect worker, including the eventual positive valorisation.
2-The refund provided for in the previous number is to be effected by the FCT to the employer
within a maximum of 10 days, from the date of the request for refund.
3-Should the termination of the employment contract do not determine the obligation to pay the
compensation calculated in accordance with Article 366 of the Labour Code, the value
reimbursed by the FCT revert to the employer.
4-The FCT communicates to the Authority for the Conditions of Work (ACT) and to the FGCT the
reimbursement effected pursuant to the previous figures, within the maximum period of four
days from the realization of the same.
5-Without prejudice to the provisions of Article 17 (1), where, after submission of
application for a refund, by the employer to the FCT, the termination of the contract of employment no
comes to occur, must the employer return to the FCT the refunded value within
30 days counted from the non-verification of termination of the employment contract.
6-Constitute very serious counterordinance to non-delivery, total or partial, by the employer
to the employee, within an equal or lesser time than the one set out in Article 56 (2) of the
value reimbursed by the FCT, on account of the obligation to pay compensation
calculated in accordance with Article 366 of the Labour Code.
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Article 35.
Non-compliance with delivery
1-A The lack of payment of the monthly delivery due to the FCT by the employer determines the
non-capitalisation of the outstanding amount of the missing amount during the period of default and
the imputation in the account of the employer of the expenses inherent in the procedure of
regularization, as well as the administrative maintenance expenses of the account, in the
terms described in the management regulation
2-Verified the default, the employer is notified by the managing body for
proceed to the regularization, by constying the notification the consequences of the
default established in the preceding paragraph.
3-A The lack of voluntary regularization of the values due to the FCT determines the constitution
of debt, in the terms and for the purposes of Chapter VI, without prejudice to the counterordinance
provided for in Article 11 (5), in the Party respecting the provisions of paragraph 3 of that
provision.
Chapter IV
Equivalent mechanism
Article 36.
Regime
1-In alternative to the FCT can the employer opt for ME, by which the employer gets
bound to grant the employee equal assurance as to which would result from its binding to the
FCT.
2-Should you opt for ME, the employer is obliged to subscribe to it and keep it in place
from the beginning of the implementation of the contract of employment to the cessation of the same,
conferring, by, this route, the worker the guarantee provided in the preceding paragraph, without
injury to the provisions of the following numbers.
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3-Without prejudice to the provisions of Article 8 (2), the employer may choose to join
different equivalent mechanisms with respect to their employees, provided that de
this does not result in discriminatory practice in relation to any employee.
4-The employer can transfer the obligations guaranteed by one ME to another, since
that of such a change does not result in any injury in respect of guaranteed coverage
by the initial ME.
5-In the eventuality of the ME, albeit respecting the provisions of paragraph 1 of the present
article, not to ensure the amount coverage corresponding to half of the
compensation due for termination of the contract of employment calculated in the terms of the
article 366 of the Labor Code, can the worker trigger the FGCT by the value
required to cover half of the value of that, subtracted from the amount already paid
by the employer to the worker.
6-The FGCT does not respond for any value whenever the employer has already paid the
worker value equal to or greater than half of the compensation due by cessation of the
contract of employment calculated in accordance with Article 366 of the Labour Code.
7-ME may only be constituted by the employer with institutions subject to
supervision of the Bank of Portugal or the Insurance Institute of Portugal, provided that
are legally authorized to exercise the management and marketing of that instrument,
which should be identified as ME.
8-In the case of temporary working companies, it does not constitute ME the collateral provided in the
article 7 of the Decree-Law No 260/2009 of September 25.
9-The ME is subject to prior communication to the appropriate competent entities, such
referred to in paragraph 7, which shall deliver an express compliance opinion of such
instrument with the aims and the target interests to protect, in this Law, with the
FCT.
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10-To the ME applies, with the necessary adaptations, the FCT regime, in everything other than
is inconsistent with the provisions of this Chapter.
11-Constitutes very serious counterordinance to the violation of the provisions of paragraph 2, in the final part
of paragraph 3, in the final part of paragraph 4 and the prior communication provided for in paragraph 9.
12-Constitute very serious counterordinance to non-delivery, total or partial, by the
employer to the employee, within equal or less than the one set out in paragraph 2 of the
article 56, of the value reimbursed by ME, on account of the obligation of payment of
compensation calculated in accordance with Article 366 of the Labour Code.
Chapter V
Work Compensation Guarantee Fund
Article 37.
Board of Management of the Labour Compensation Guarantee Fund
1-The FGCT is managed by a management board composed of a chairman and eleven
vowels.
2-The management board integrates:
a) The President of the IGFSS, I.P., who presides;
b) A representative appointed by the member of the Government responsible for the area
of the finances;
c) A representative appointed by the member of the Government responsible for the area
labour;
d) A representative appointed by the member of the Government responsible for the area of
social security;
e) A representative of each of the employers ' confederations with seat in the
Standing Committee on Social Concertation;
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f) Two representatives from each of the union confederations with seat in the
Standing Committee on Social Concertation.
3-By each effective member, it is, also, assigned an alternate member.
4-It shall be up to the entities indicated in paragraph 2 to designate the respected representatives.
5-The chairman of the management board has a vote of quality.
6-A The organisation and operation of the management board shall be governed by the provisions of the
internal regulation.
7-The President of the IGFSS, I.P., and the representatives appointed by the members of the
Government, as well with its alternates, are not remunerated by the exercise of duties
as members of the management board.
Article 38.
Competencies of the management board
1-Compete to the management board:
a) The approval of the plan of activities and the budget;
b) The approval of the report of activities and the annual accounts and balance sheet;
c) Follow up on the activities of the FGCT, presenting to the President proposals,
suggestions, recommendations or requests for clarification that understand
convenient, as well as proposing the adoption of measures that it judges necessary to the
achievement of its purposes;
d) Approve the FGCT's management regulation, and the same shall be published in
Journal of the Republic ;
e) Approve the internal regulation of the FGCT, which should be subject to advertiser in the
official electronic site of the Fund.
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2-The FGCT board of management may still ask for the equivalent mechanisms all
and any information that understands essential to the smooth functioning of the FGCT,
and they shall provide such clarifications within the maximum of five days.
Article 39.
Meetings of the management board
1-The management board meets ordinarily once a month and extraordinarily
whenever the respect president the convoque, for his or her initiative or the solicitation of a
third of its members.
2-The members of the management board may delegate their vote within each
representation.
Article 40.
Competences of the Chairman of the Management Board
1-Compete to the chairman of the management board:
a) Drive the activity of the FGCT, ensuring the development of your
attributions;
b) Managing the financial resources of the FGCT;
c) Issue the appropriate internal nature guidelines to the proper functioning of the
FGCT;
d) Elaborate the internal regulation necessary for the organization and operation of the
FGCT, as well as the management regulation, subjecting them to the assessment and
approval of the management board;
e) Perform and implement, within the framework of their functional autonomy, the guidelines, the
suggestions and the deliberations formulated by the management board;
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f) Elaborate monthly reports of the developed activity, which include information
on the volume of applications submitted, the sense of the decisions, the volume
and the duration of the pendants, as well as information regarding the recipes
raised and the expenses effected, subjecting them to the appreciation of the board of
management;
g) Draw up the annual activities plan and the annual budget and submit them to the
assessment and approval of the management board;
h) Draw up the annual activity report and account report and balance sheet of each
exercise and submit them to the assessment and approval of the management board;
i) To ensure the representation of the FGCT, in judgement or outside of it, as well as confer
mandate to that effect;
j) Authorize expenditure on the acquisition, disposal or leasing of goods and services and the
realization of endeavor, within the limits set by law;
k) Establish relations with the institutions of the banking system;
l) Ensure payment of the claimed values;
m) Promote the recovery of the credits in which to become subrogated by way of your
satisfaction with employees, developing all judicial representations and
appropriate extrajudicial to such an end.
n) Exercise the remaining powers delegated to it or subdelegated by the
management board.
2-In his absences and impediments, the president is replaced by whom the council of
management indicate.
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Article 41.
Single fiscal
1-The single tax officer is assigned, from among official reviewers of accounts, by the board of
management, of which it shall appear still the designation of the alternate supervisor.
2-The mandates of the single supervisor and the alternate supervisor shall have the duration of three years, and may
be renewed for equal periods of time.
3-A The remuneration of the single supervisor is defined by the management board.
Article 42.
Competences of the single tax
Compete for the single tax:
a) Follow up with the financial management of the FGCT;
b) Issue Opinion on the budget, the annual plan of activities, the report of
accounts and annual balance sheet;
c) Scrutinise the implementation of FGCT accounting and compliance with normatives
applicable, informing the board of management of any detached anomaly;
d) Scrutinise the effectiveness of the risk management system and the control system
internal;
e) Request to the board of management joint meetings, when, within the framework of their
competences, the understanding;
f) Pronounce on any subject of interest to the FGCT, which is
subjected to its assessment by the chairman of the management board;
g) Draw up quarterly reports and annual report on the supervising action exercised;
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h) Follow up with the satisfaction operations of values claimed by the workers
and respect recovery developed by the FGCT.
Article 43.
Linking
1-The FGCT obliges itself by the signature of the Chairman of the Management Board and of one of the
other members of the management board, to be set out in the management regulation.
2-The acts of mere expediency that it does not result in obligations to the FGCT may be
signed by the one to whom such power has been expressly conferred by the
management board.
Article 44.
Revenue from the Labour Compensation Guarantee Fund
They constitute revenue of the FGCT:
a) The deliveries;
b) The proceeds derived from the investments made;
c) The amounts resulting from the coercive charges, relating to the FGCT,
deducted at the expense;
d) The value of the counterordinations collected under this Act, without prejudice
of the provisions of Article 54;
e) Other revenue arising from the management of the fund.
Article 45.
Expenses of the Work Compensation Guarantee Fund
1-Constitut expenditure of the FGCT:
a) The values paid for the title of compensation;
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b) The FGCT transfers to the FCT, and to equivalent mechanisms, from 50%
of the surplus annual balances of the fund provided for in the management regulation;
c) The expenses of administration and management;
d) Other expenses related to the Fund and provided for in respect of the Regulation
of management.
2-The transfers of annual FGCT balances to the FCT, and to mechanisms
equivalents, provided for in paragraph b) of the previous number only have place decorations three years
after the constitution of the FGCT, excepting early verification of sustainable balances.
Article 46.
Procedure
1-The worker may apply for the FGCT the necessary value to the coverage of half of the
value of the compensation due for termination of the contract of employment calculated in the terms
of Art. 366 of the Labour Code, subtracted from the amount already paid by the employer
to the worker.
2-The FGCT does not respond for any value whenever the employer has already paid the
worker value equal to or greater than half of the compensation due by cessation of the
contract of employment calculated in accordance with Article 366 of the Labour Code.
3-The FGCT effectuates the payment referred to in the preceding paragraphs upon application
of the worker, in which he appears, specifically, the identification of the applicant, of the
employer and, being the case, of ME.
4-For payment to the worker, the FGCT requests the FCT relative information:
a) To the amounts paid to the employer;
b) To the amounts available in the employee's individualized registration account .
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5-For payment to the worker, the FGCT further asks the employer for information
on the termination of the contract of employment, in particular to which title this operated,
as well as relative to the amounts eventually paid by the employer to the employee
the title of compensation, due for termination of the contract of employment, calculated in the
terms of article 366 of the Labour Code.
6-The FCT and the employer must provide the requested information in the previous figures
within four days.
7-The amounts referred to in para. b) of paragraph 4 shall be remitted to the FGCT within the period of
4 days, from the date of the request for the transfer of the amounts.
8-The provisions of the preceding paragraphs shall apply to ME, with the necessary adaptations.
9-Constitutes serious counterordinance the default on the part of the employer, of the
provisions of paragraph 6.
Article 47.
Period of appreciation
1-The application delivered to the FGCT by the worker shall be the object of final decision, in the
deadline of 20 days from the respective presentation.
2-Whenever there is so much place, the payment to the employee must be effected by the
FGCT, within the time frame referred to in the preceding paragraph.
Article 48.
Decision
1-A The decision handed down is notified to the employee and the employer, with the indication, in
case of total or partial dewound, specifically, of the amount to be paid and the form
of payment.
2-Whenever the Salarial Guarantee Fund requires it, the decision shall be notified to it,
with indication of the values eventually paid by the employer.
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Article 49.
Non-compliance with delivery
1-A The lack of payment of the monthly delivery due to the FGCT by the employer determines the
your notification by the managing entity to carry out the regularization, constanting
of the notification the consequences of default.
2-A The lack of voluntary regularization of the values due to the FGCT determines the
constitution of debt, in the terms and for the purposes of the provisions of Articles 51 and
following, without prejudice to the counterordinance provided for in Article 11 (5), in the Party that
complies with the provisions of paragraph 3 of that provision.
Article 50.
Subsidiary regime
To the FGCT applies, with the necessary adaptations, the FCT regime, in everything that does not
is inconsistent with the provisions of this Chapter.
Chapter VI
Regularization of debt to the Labour Compensation Fund and the
Work Compensation Guarantee Fund
Article 51.
Regularization of debt
1-A debt can be regularised through your voluntary payment.
2-The voluntary payment can be effected by the overall amount of debt or in
benefits, upon agreement, to be concluded with the FCT or with the FGCT, in cases and in the
conditions approved by dispatch of the respective chairman of the management board.
3-A The lack of voluntary debt regularization determines its coercive collection, being
for such the same equating to debts to social security.
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4-A coercive collection has on the basis of a certificate issued by the chairman of the board of
management of the substantive respect.
5-A certificate shall contain duly authenticated signature, the date on which it was issued, the
name and the domicile of the debtor, the provenance of the nature of the credits and the indication,
by extensive, of your amount, as well as the date from which you are due interest of
lives and about what importance these focus on.
Article 52.
Legal sub-rogation
1-In respect of the values of the legally due compensation, in the parcel guaranteed by the
present law, stands the FGCT sub-rogated in the credit and respect rights guarantees of the
workers, including receivables, to the extent of the payments effected,
increased interest from mora.
2-Being the patrimony of the employer insufficient to guarantee the payment of the whole
of the credits referred to in the preceding paragraph, specifically those of the insolvent mass, the
credits in which the FGCT became subrogated are paid immediately after satisfied the
employees ' credits.
Chapter VII
Criminal and counterordinate liability
Article 53.
Supervision and application of fines
1-A the surveillance and the counterordinance procedure laid down in this Law relating to
conduct of the employer are the competence of the ACT.
2-The FCT, the FGCT and the equivalent mechanisms have a duty to communicate to the whole ACT
and any default, by the employer, of the obligations provided for in this Law.
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3-Without prejudice to the provisions of the preceding paragraph, the FCT, the FGCT and the mechanisms
equivalents have a duty to provide the necessary information to the ACT so that this
may scrutinise the fulfilment of the obligations provided for in this diploma,
relatively to employers.
4-Where there are founded doubts as to the fulfillment of the obligations, by the
employer, the FCT and the FGCT can ask the ACT for the corresponding actions
inspections.
Article 54.
Fate of fines
1-In the counterordinance processes provided for in this diploma, half of the product of the
applied fine revert to the ACT, the title of cost compensation of
operating and procedural expenses, constituting the remnant of the
FGCT.
2-A ACT transfers quarterly to the FGCT the importances to which this is entitled,
under the terms of the previous number.
Article 55.
Subsidiary regime
For the infractions practiced by the employer, the scheme applies to the scheme.
of criminal and counterordinate responsibilities provided for in Articles 546 to 565 of the
Labour Code, as well as the procedural regime applicable to labour counterorders
and social security, approved by Law No 107/2009 of September 14.
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Article 56.
Abuse of trust
1-The employer who does not deliver to the worker, wholly or partially, the value of the
compensation reimbursed by the FCT or ME, which is due to the worker, is
punished with the penalties provided for in Article 105 (1) and 5 of the General Regime of the
Tax Infractions, approved by Law No. 15/2001, of June 5.
2-The facts described in the preceding paragraph are only punishable if they have elapsed more than 90
days on the expiry of the stipulated time limit for the effectivation of the refund, by the FCT or
by ME to the employer.
Chapter VIII
Final provisions
Article 57.
Tax provisions
1-The FCT and the FGCT are equated with capitalization funds administered by the
institutions of social security for the purposes of the provisions of the d) of the Article 1 (1)
9. of the Income Code on the Collective Persons Income, approved by the
Decree-Law No 442-B/88 of November 30.
2-Payments to workers, effected in accordance with Article 33 (2), are
framed within the provisions of paragraph 2 to 7 of Article 2 of the Code of the Tax on the
Income of Singular People, approved by the Decree-Law No. 442-A/88, of 30 of
november, with the necessary adaptations.
3-The deliveries effected to the FGCT are considered tax spend, under the terms of the ( d) from the
n Article 23 (1) of the Income Code on the Collective Persons ' Throughput,
approved by Decree-Law No 442-B/88 of November 30 in the period of taxation
in which they are effected.
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4-The reimbursement to the employer of the balance of the individualized registration account of the
respect worker is considered income for tax purposes, by the amount
corresponding to the positive valuation generated by the financial applications of the values
affections to the FCT, deducted from the respective administrative expenses.
Article 58.
Cooperation
Without prejudice to the duty of secrecy to which they are obliged, the management boards and the
managing entities of the FCT, the FGCT and the equivalent mechanisms, as well as the
competent entities for the supervision and supervision, are subject to the duty of
cooperation, and, in particular, shall establish mechanisms for exchange of information,
with a view to ensuring the efficient performance of their assignments.
Article 59.
Regulation
1-All materials relating to the model of operationalization of relations between
employer and the funds, worker and the funds, as well as the actors in the
system with supervising entity are the object of portionery of the members of the Government
responsible for the areas of finance, labour and social security, with prior hearing
of the Social Partners with a seat on the Standing Committee on Social Concertation.
2-The acquisitions necessary for the creation and implementation of the information system stay
dispensed with the general rules of public procurement, without prejudice to the monitoring
and the approval of the procurement procedure by the Agency for Modernization
Administrative, I.P., in coordination with the Institute of Informatics, I.P.
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Article 60.
Evaluation of implementation
1-Within three years, from the date of entry into operation of the FCT, the
implementation of the measures hereunder are the object of assessment at the headquarters of
Standing Committee on Social Concertation.
2-Within the period and within the scope of the assessment referred to in the preceding paragraph, the
possibility of, upon amendment of the legal regime provided for in this Law, the management
of the FCT can be exercised also by private entities, selected upon
public contest.
Article 61.
Entry into force
This Law shall come into force on the October 1, 2013.
Seen and approved in Council of Ministers of May 9, 2013
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
