CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

1

PL 211/2013

2013.06.06

Exhibition of Motives

The Act No. 53/2006 of December 7, amended by the Laws No 11/2008 of February 20,

64-A/2008, of December 31, and 64-B/2011, of December 30, established the scheme

common mobility between services of employees and agents of Public Administration

aiming for their rational harnessing, specifically, through a set of rules

that defined the special mobility situation applicable to employees in office

public following the procedures for reorganization of organs and services,

establishing the legal framework applicable to workers placed in that situation.

Decorations more than six years effective from Law No 53/2006 of December 7, amended

by the Laws n. ºs 11/2008, of February 20, 64-A/2008, of December 31, and 64-B/2011,

of December 30, it is possible to conclude, unambigually, by the existence of

difficulties and resistance to its application, often justified by the complexity of the

mechanisms associated with the processes provided for in the said law, as well as by the diminution

contribution that it has given to the processes of reform and rationalization of the

Public Administration.

How central criticism pointed to the system of special mobility is still its own

omission regarding the requalification of workers placed in a situation of

mobility, as well as the lack of follow-up and professional guidance of those

workers by specialized entity, with a view to their prompt and successful

professional reintegration. Add to the negative circumstance that there is no temporal limit

maximum for the stay in special mobility situation, which leads in many

cases to which workers remain in that situation for several years, often

until the occurrence of retirement or retirement, without any connection or call for

the return to the exercise of duties in the Public Administration.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

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All of this has therefore prevented the Act No 53/2006 of December 7, amended by the

Laws No 11/2008, of February 20, 64-A/2008, of December 31, and 64-B/2011, of 30

of December, and the regime of it constant, functioned as privileged catalysts of the

processes of reform and rationalization currently imposed on Public Administrations.

The Memorandum of Understanding on Economic Policy Conditionalities,

entered into between Portugal and the European Commission, the European Central Bank and the Fund

International Monetary, went on to predict, in the framework of the reform of the Public Administration,

realizing during the year 2013, the need for the revision and suitability of mobility

special to best practices, including the training and requalification of the workers of

shape a: allow for better affectation of human resources, with the aim of facilitating and

simplify the management procedures of employees that may come under

by this instrument; provide for a further reduction over time of the remuneration of the

workers who find themselves in a special mobility situation and fix their duration

maximum; and allow its application to all sectors of the Public Administration, so as to

also include lecturers and health professionals.

In the light of the expose the Government is carrying out the repeal of Law No. 53/2006, 7 of

December, amended by the Laws n. ºs 11/2008, February 20, 64-A/2008, 31 of

December, and 64-B/2011, of December 30, proposing a new regime that takes advantage of the

figurine established by that law, in order to guarantee the necessary articulation with the

legal framework applicable to the Public Administration, and institutes a new system,

centered on the strand of professional preparation for the restart of functions of the

workers in public functions who are put in a situation of requalification.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

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The central goal of the new system becomes the one to promote the relocation of the

workers in organs and services of the Public Administration, after the realization of a

training plan that allows for your effective requalification and the best of use

professional, precisely as opposed to the current mobility system

special, which does not provide for any kind of investment in the workers, nor its

individual follow-up with a view to their reintegration. With this new guidance, it will be

created all the conditions for the employees to have conditions of going back to exercise

functions. The Directorate General of Qualification of Workers in Public Functions (INA),

system gestures entity, will be responsible for an individual follow-up of all

the workers, not only with the aim of providing them with a suitable plan of

training, but also to provide them with due professional guidance.

With this new direction, they want to create all the conditions for the employees to

go back to perform duties and to that extent, see protected in the most intense way your

fundamental right to work, without ever calling into question its fundamental right to

security in employment. In fact, it is today peaceful understanding of the Constitutional Court

that, despite the fact that the legal employment relationship in the Public Administration is characterised by

a tendential stability, the right to safety in employment is not an absolute right,

but before, the similarity of the remaining fundamental rights, a right that admits limits and

restrictions when confronted with other rights and constitutionally

protected-n. 2 of Article 18 of the Constitution of the Portuguese Republic (CRP).

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

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In respect of public employment, the extent in concrete of the right to

safety in employment must be awound in function of the dimension, affused also in

concrete, of the constitutionally defining objective of the Public Administration, i.e. the

"public interest" (Article 266 (1) of the CRP) and the duty of good administration that

is inherent, confronting that which, as the Constitutional Court has been recognizing,

when they are involved objective causes linked to the restructuring and rationalization of the

public services and bodies (since soon, for reasons of financial difficulties of the

State) may lead to the compression of the legal status of employees in office

public without resulting in violation of safety in protected employment

constitutionally.

It turns out that the requalification system is thought to be precisely to give

response to situations of restructuring and rationalization of public services and bodies,

for what falls in the universe of cases in which the Constitutional Court admits to

compressing the legal status of employees in public functions, duly

amstopped by an appropriate compensation scheme for workers for the cessation of the

its link to the Public Administration, if it comes effectively to occur.

Proceeds to the harmonisation of the rules applicable in the framework of the different procedures

of reorganisation covered by the Decree-Law No. 200/2006 of October 25, including

a strengthening of the budgetary and economic grounds for the purpose of the start-up

of procedures for reorganization and application of the requalification system.

For the procedures and workers covered, they simplify them.

formalities to which the leaders of the services are obliged to be obliged

responsible for reorganization processes, opting for the organization of the rules

applicable in a cross-sectional manner, depending on the logical and temporal sequence of the process,

by abandoning the previous description, by type of procedure, of the applicable rules, with

the permanent redundancies that were associated with it.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

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They focus on the different phases and rules applicable to employees who are

placed in the situation of requalification, going on to predict itself only a moment, with the

maximum duration of 12 months, in which the remuneration remuneration shall be progressively

decreasing in the face of the base remuneration held at the origin, without prejudice to the maintenance of the

guaranteed minimum monthly remuneration.

Finishes the requalification period without there being restarting functions by the

worker, operates the act of termination of the contract of employment by absence of allotment,

taking place in the corresponding compensation under Article 366 of the Code of the

Work, as well as the allocation of unemployment benefit. In cases where the

worker found himself integrated into the convergent social protection regime will be

ensured the payment of unemployment benefit or the unemployment benefit,

in terms analogous to those provided for in the general social security regime, while not if

to achieve the convergence of this eventuality.

During the period of requalification the worker may apply at any time to the

access to a leave without pay, while maintaining the possibility of presentation, as

bound, the procedure concursal to any organ or service of the Administration

Public.

The maximum duration of the period of requalification, with the consequences mentioned above,

does not cover workers who hold bond corresponding to the appointment, in

function of their integration in careers related to the fulfilment or execution of

assignments, skills and activities related to the generic and specific missions

of the Armed Forces in permanent frames, the external representation of the State, the

safety information, criminal investigation, public safety, whether in a free medium

either in institutional and the inspection.

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Proposal for Law No. 154 /XII/2.

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It is signed that the requalification system is not aimed at promoting the cessation of the

contractual bond with the worker, before on the contrary, seeks to requalify it and

collect it in activity, following situations of reorganization of services or of

rationalization of effectors that translate into changes of the needs of personnel of the

services.

The assignments and competences currently assigned to the general secretariats as well as the

relative to the managing entity of the requalification system, are concentrated in the Direction-

General of the Qualification of Workers in Public Functions (INA), to which they become

affections the workers placed in the situation of requalification, taking into consideration the

his special vocation in the field of vocational training.

This new system strengthens not only the competencies and responsibilities of the Administration

Public in the requalification and management of workers placed in this situation, but also

the initiative of the worker in the situation of requalification, in the search for placement.

The allotment in the situation of requalification becomes directly applicable to all the

workers in public roles with a legal employment legal relationship for time

undetermined, leaving to be directed to workers with definite appointment and

to the workers appointed definitively that on January 1, 2009 they exercised duties

under conditions other than those referred to in Article 10 of Law No 12-A/2008 of 27 of

February, having transitioned to the contract modality.

At the sectoral level, it is also signed to amend the applicable rules of the faculty in the

terms of the respective status, which become covered by the rules that enform the

requalification system, either to local authorities, whose corresponding regime is changed

with the aim of enabling each of them the assumption of the attributions and competencies

of the managing entity of the requalification system for the respect of services and workers.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

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In summary, the new requalification system represents a changing paradigm face

to the system established by Law No 53/2006 of December 7, amended by the Laws

n. paragraphs 11/2008, of February 20, 64-A/2008, of December 31, and 64-B/2011, of 30 of

December, facilitating its application by all actors, ensuring a

effective process of requalification for recolocation within the Public Administration and

ensuring the maintenance of differentiating scheme of workers in public functions

with definite appointment.

The procedures stemming from Law No. 23/98 of May 26 were observed.

Attentive to matter, at the headquarters of the legislative process taking place in the Assembly of the Republic,

are to be heard the self-governing bodies of the Autonomous Regions, the Association

National of Portuguese Municipalities, the National Association of Freguesies and the Commission

National of Data Protection.

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, with a request for priority and urgency:

CHAPTER I

Object and scope

Article 1.

Object

1-A This Law institutes and regulates the system of requalification of workers in office

public aiming at the best affecting human resources of the Public Administration.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

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2-A present law further proceeds:

a) À ninth amendment to the 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, 64-B/2011, of December 30,

66/2012, of December 31, and 66-B/2012, of December 31, and by the Decree-

Law No. 47/2013 of April 5 laying down the linking schemes, of

careers and the remuneration of workers performing public duties;

b) To the fifth amendment to Decree-Law No. 74/70 of March 2, as amended by the

Decrees-Leis n. ºs 793/76, November 5, 275-A/93, of August 9, and

503/99, of November 20, and by Law No. 67-A/2007 of December 31;

c) At the twelfth amendment to Decree-Law No 139-A/90 of April 28,

changed by Decrees-Leis n. ºs 105/97, April 29, 1/98, January 2,

35/2003, of February 27, 121/2005, of July 26, 229/2005, of 29 of

December, 224/2006, of November 13, 15/2007, of January 19, 35/2007,

of February 15, 270/2009, of September 30, 75/2010, of June 23, and

41/2012, of February 21, which approves the Status of the Educators ' Career

of Children and Teachers of the Basic and Secondary Teaches;

d) To the third amendment to Decree-Law No 209/2009 of September 3, amended

by the Laws n. ºs 3-B/2010, of April 28, and 66/2012, of December 31, which

adapts Law No. 12-A/2008 of February 27, with the exception of standards

relating to the legal regime of the appointment, to the workers who exercise

public functions in the municipal administration and carry out the adaptation to the

municipal administration of the provisions of the Decree-Law No. 200/2006, of 25 of

October, with regard to the process of rationalization of effectors;

e) To the first amendment to Decree-Law No. 132/2012 of June 27, which

establishes the new scheme for recruitment and mobility of the teaching staff of the

basic and secondary teaches and specialist trainers and technicians.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

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Article 2.

Scope of subjective application

1-A This Law shall apply to all employees who perform public duties,

regardless of the modality of constitution of the employment legal relationship

public under which they exercise their respective functions, including employees whose

applicable regime of special law, under the terms of Law No. 12-A/2008, 27 of

February, amended by the Leis n. ºs 64-A/2008, of December 31, 3-B/2010, of 28 of

april, 34/2010, of September 2, 55-A/2010, December 31, 64-B/2011, of 30 of

December, 66/2012, of December 31, and 66-B/2012, of December 31, and by the

Decree-Law No. 47/2013 of April 5.

2-Exected from the provisions of the preceding paragraph the situations covered by the n. 3 of the

article 2 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, 64-B/2011, of December 30, 66/2012, of December 31, and

66-B/2012, of December 31, and by the Decree-Law No. 47/2013 of April 5.

Article 3.

Scope of objective

1-A This Law applies to all the organs and services of the direct and indirect administration of the

State.

2-A This Law applies to public higher education institutions.

3-A This Law applies to the services of the municipal administration, pursuant to the

Decree-Law No. 209/2009 of September 3, as amended by the Leis n. ºs 3-B/2010, of 28 of

april, and 66/2012, of December 31.

4-A This Law applies to the organs and services of the regional administration, upon

adaptation by own diploma.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 154 /XII/2.

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CHAPTER II

Procedure

Article 4.

Procedures

1-To workers in public roles of organs and services or organic subunits

that are the object of reorganization or rationalization of actuals predicted in the

Decree-Law No. 200/2006 of October 25, the procedures laid down in the

following articles.

2-A The rationalization of effectors is carried out in the situations referred to in Article 3 (4).

and Article 7 of the Decree-Law No. 200/2006 of October 25, as well as for reasons

of budget reduction of the organ or service arising from the decrease in

transfers from the State Budget or own revenue, of need to

requalification of the workers ' respects, for their suitability for assignments or

defined objectives, and of compliance with the established strategy, without prejudice to the

guarantee of the pursuit of your assignments.

3-A The rationalization of effectors occurs yet, in the terms of own diploma, by reason

of reduction of jobs or transitional needs arising,

specifically, of the planning and organisation of the school network.

4-In the application of this Law to public higher education institutions are

safeguarded, when necessary, the appropriate specificities in relation to the respect

faculty and researcher, in the terms of the respected statutes.

5-For the purposes of this diploma considers "service integrator" the organ or service

that integrates attributions or competences transferred from another organ or service or

workers who are reaffections.

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Proposal for Law No. 154 /XII/2.

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6-It is considered the date of extinction of the service the date of the publication of the dispatch approving the

list as referred to in Article 15 (3) or, in the case of non-existence of this, the date to be fixed

pursuant to Article 4 (6) of the Decree-Law No. 200/2006 of October 25.

7-Completed the melting process, is published in the 2 th series of the Journal of the Republic , dispatch

of the maximum leader of the service integrator or responsible for the coordination of the

process stating the date of completion of the same.

Article 5.

Period of voluntary mobility

1-In the course of the procedure in the event of an extinction it also elapses the period of

voluntary mobility of workers, during which they cannot be refused the

applications for mobility formulated by other bodies or services.

2-For support for voluntary mobility referred to in the preceding paragraph, the list of employees

of the extinct organ or service is advertised, by determination of its maximum leader,

in the public employment exchange (BEP) up to five working days after the start of the process.

3-A voluntary mobility with respect to selected workers for the implementation of the

activities of the extinct service that should be ensured up to its extinction produces

effects on the date on which the due process is completed.

Article 6.

Workers in a transitional situation

1-Workers who exercise roles in the extinct organ or service in period

experimental, service commission regime or the instrument shelter of

mobility, cease the trial period, the service commission, or regress to the

body or service of origin, as the case may be, on the date of the completion of the proceedings.

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2-The workers of the extinct organ or service who carry out duties in another organ or

service in one of the schemes referred to in the preceding paragraph shall remain in the exercise of those

functions.

Article 7.

Workers in leave situation

1-The workers of the extinct organ or service who find themselves in any situation of

unpaid leave or remuneration remain in that situation, applying to them the

respect for regime and being put in the situation of requalification when it ceases to

license, in the terms provided for in this diploma.

2-The provisions of the preceding paragraph shall apply to the extinguished service workers in the

sequence of merger.

Article 8.

Fixation of general and abstract criteria of identification of the universe of workers

The diploma that determines or concretizes the merger or restructuring with transfer of

assignments or fixed competencies the general and abstract criteria of identification of the universe

of workers necessary for the pursuit of assignments or the exercise of the

skills transferred and which should be reaffections to the integrator service.

Article 9.

Preparation of the procedure

1-With the entry into force of the Organic diploma of the integrator service or with the act which

proceeds to the reorganization of services or the rationalization of effectors, the

procedure provided for in the following numbers.

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Proposal for Law No. 154 /XII/2.

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2-The maximum leader of the service, heard the maximum leader of the extinct service by merger

or restructured, in the applicable situations, elaborates a comparative map between the

number of existing effectors in the organ or service and the number of outposts

necessary to ensure the pursuit and exercise of assignments and competences and

for the achievement of goals.

3-The number of required jobs is defined in a reasoned manner and in

compliance with existing budget availabilities.

4-The outposts to which the previous figures relate should be detailed by

organic subunit or peripheral public establishment with no juridical personality,

when justifying, identifying the career and the area of activity, habilitational level or

area of training and geographical area, when necessary.

5-The maps to which the previous figures are referred are approved in the terms of the article

5 of Law No. 12-A/2008 of February 27, as amended by the Laws n. 64-A/2008, 31

of December, 3-B/2010, of April 28, 34/2010, of September 2, 55-A/2010, of 31

of December, 64-B/2011, of December 30, 66/2012, of December 31, and

66-B/2012, of December 31, and by the Decree-Law No. 47/2013 of April 5.

6-For the purposes of paragraph 2, they include the existing effectors in the organ or service the

workers who will exercise duties in an experimental period, commission scheme of

service or under mobility instrument shelter, from them if excluding those that

carry out duties in another body or service or find themselves in a leave situation without

maturity or remuneration.

7-The service commissions of the official staff follow the scheme provided for in the respect

status.

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8-When the number of jobs required to ensure the pursuit and the

exercise of assignments and competences as well as for the achievement of objectives, be

lower than the number of existing effectors in the organ or service there is place to the application of the

provisions of Article 15.

9-Being excessive the number of workers in office, the organ or service begins by

promote the legal representations necessary for the cessation of legal employment relationships

public constituted by time determined or determinable that it does not lack.

Article 10.

Methods of selection

1-For selection of the workers to be reaffected following any of the procedures

provided for in this diploma, one of the following methods applies:

a) Evaluation of performance; or,

b) Evaluation of professional skills.

2-A The application of one of the methods referred to in the preceding paragraph shall be decided by the leader

responsible for the procedure and advertised on own premises of the organ or service

where employees carry out duties, taking into consideration the following criteria:

a) When workers of the same career have been the subject of evaluation, in the

last year in which this has taken place, through the same evaluation system

of the performance, the method referred to in the paragraph may apply. a ) of the number

previous;

b) The method referred to in the above may apply. b ) of the previous number in any

situation.

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3-A phase of selection is opened by dispatch of the leader responsible for the procedure, the

which fixates the universe of workers to be covered and their scope

per career and by area of activity, habilitational level or area of training and area

geographical, as well as the deadlines for their conduct and completion, being advertised in

own places of the organ or service where the workers exercise functions.

4-Fixed the final results of the application of selection methods are drawn up lists

nominations, by descending order of results.

5-A identification and ordinance of workers are carried out depending on the scope

set in accordance with paragraph 3.

6-The end result of each worker and their positioning in the respect list are them

data to be known in writing.

Article 11.

Application of the evaluation method of performance

The application of the evaluation method of performance is done, regardless of category

of the employees, in the following terms:

a) Using the last qualitative classification awarded and, in the case of equality, to the

quantitative classification;

b) In the event of a tie, using, successively, the evaluation obtained in the parameter

from "Results", to the last evaluation of previous performance, to the service time

relevant in career and in the exercise of public functions.

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Article 12.

Application of the method evaluation of professional skills

1-A The application of the method evaluation of professional skills is done,

regardless of the category of the workers, with the aim of determining the

level of suitability of its characteristics and professional qualifications to the requirements

inherent in the pursuit of assignments and the exercise of the powers of the organ or

service as well as the corresponding jobs.

2-The level of suitability referred to in the preceding paragraph shall be determined by the assessment, in a

scale of 0 a to 10 values, of the following factors:

a) Professional skills relevant to the jobs in question;

b) Relevant professional experience for the jobs concerned.

3-A The assessment of the factors referred to in the preceding paragraph is based on the hearing of the

worker and the analysis of their curriculum and the professional performance professional,

effected by the two immediate hierarchical superiors prior to the start of the

procedure.

4-The dispatch that proceeds to the opening of the selection phase may determine that the assessment

of the factors that determine the level of suitability whether to perform, jointly or not,

through the provision of evidence, in which case the previous number is not applicable, and

still set scales of values and forms of calculation of the final score different from the

provided for in this article.

5-Can still integrate the assessment factors the level of adaptation to the jobs

in cause, demonstrated through the realization of evidence appropriate to the content

functional of the career.

6-The level of suitability expresses itself in a final score that results from the arithmetic mean

simple of the values assigned to the applied factors.

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7-A The final score is subject to approval by the leader responsible for the process of

reorganization or by the incumbent of higher direction of 2. degree in whom to delete.

8-In the event of a tie, the workers are ordained in function of the seniority,

successively, in the category, career and exercise of public functions, from the largest to the

minor seniority.

Article 13.

Prior procedure

1-Terminated the process of selecting the workers to reaffect to the integrator service,

existing vacant posts in that service that should not be occupied by

reaffection, the leader responsible for the process carries out the new selection process

for their occupation, from among non-reaffection workers through the regulated process

in the previous articles.

2-For the purposes of the provisions of the preceding paragraph, universes are defined by posts of

work, the one that corresponds to a career, category, area of activity, as well as

educational or professional qualifications, when legally possible, the remaining being

workers whose career, category and habilitation matches those requirements,

selected second objective criteria, considering, in particular, the experience

previous in the area of activity foreseen for the job posting and, or, seniority in the

category, career and exercise of public functions.

3-The universes and selection criteria referred to in the previous number are established

by dispatch of the maximum officer responsible for the coordination of the process of

reorganization and affixed to own sites of the service that extinguishes itself.

4-After exhausted the possibilities for allocation of jobs in the terms

of the previous figures, the workers who exceed the jobs

available remain in the corresponding nominative list, for the purposes of the provisions of the

article 15.

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5-At the moment leading up to the application of the provisions of Article 15, the leader

responsible should develop the representations that it considers appropriate for placement

in another organ or service of the respective ministry of workers referred to in the

previous number.

6-In the procedure in case of rationalization of effectors, the approval by the members of the

Government of the maps referred to in Article 9 amounts to the act of recognition that the

workers who are affective to the service are unfit in the face of their needs

permanent or the pursuit of goals.

Article 14.

Reaffection

1-A reaffectation consists of the integration of worker into another organ or service, the title

transient or by time determined, determinable or indeterminate.

2-A reaffection of workers follows the constant order of the drawn up nominative lists

following the final results of the application of the selection methods, such that the

number of effectors that are reaffective matches the number of jobs

identified.

3-A reaffection is made without alteration of the mobility situation under which the

worker transiently exerts functions, operating for the same category,

step, index or position and remunerative level.

4-Workers are reaffections to the integrator service with effect to the date that is fixed

in the dispatch of the maximum officer of the service proceeding to reaffection.

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Article 15.

Placement in the situation of requalification

1-A allotment in the situation of requalification is made by nominative list indicating the

category, step, index or position and remunerative level held by the workers,

approved by dispatching of the maximum officer responsible for the process of

reorganization, to be published in the 2 th series of the Journal of the Republic.

2-A The nominative list produces effects on the date of the reaffection of the remaining workers to the

integrator service.

3-In the procedures in the event of extinction, the list referred to in paragraph 1 is approved by the

member of the Government of the guardian and produces effects, without prejudice to the situations of licence

without maturity or remuneration, at the date of the completion of the procedure.

Article 16.

Mobility situations and service commission

1-During the processes of reorganization there is room for mobility, in the general terms.

2-In the procedures in the event of merger and restructuring with transfer of

assignments or competences, the authorization of the mobility situations compete with the

maximum leader of the integrator service of the assignments or competences to which the

worker finds himself affection.

3-Regardless of the date of your start, should the mobility situation continue to

date of dispatch stating the completion of the extinction or melting process, the

worker of the extinct service is integrated:

a) In the organ or service in which it exercises functions, in the category, step, index or

remunerative position and level held at the origin, at rank of non

occupied or to predict on the personnel map;

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b) When legally it cannot occur the integration into the organ or service, in the

the general secretariat of the ministry to which the extinct service belonged, in the category,

step, index or position and remunerative level held at the date of allotment in

requalification situation, in the post of unoccupied work or to be predicted in the

map of personnel.

4-The provisions of the preceding paragraph shall only apply when the personnel map of the organ or

service or of the general secretariat can provide for, taking into account the respective assignments, the

career and the category of which the employee is a holder.

5-When it is not possible to integrate by force of the previous number, the worker is

placed in the situation of requalification.

6-The worker whose organ or service of origin has been extinguished by merger and that if

find in commission of service in office leading or in office functions

ministerial is integrated into the service for which the assignments were transferred

extinguished service, without prejudice to the maintenance in the exercise of the functions of character

transitional until your term.

7-In the case provided for in the preceding paragraph, when the organ or service of origin has been

object of procedure in case of extinction is applicable the provisions of the paragraph b ) of paragraph 3

and in the n. paragraphs 4 and 5.

CHAPTER III

Framing of workers in the situation of requalification

Article 17.

Process of requalification

1-The worker placed in requalification situation is framed in a process of

professional development through the realization of a training programme

specific that promote the enhancement of their professional skills.

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2-The worker is individually accompanied and professionally oriented while

stay in the situation of requalification.

3-The provisions of the previous figures are the responsibility of the managing body of the system

of requalification, and may have the support of the Institute of Employment and Training

Professional, I.P.

4-The requalification process is intended to allow the worker to restart functions,

pursuant to this Law, as well as to strengthen the professional capacities of the

even, creating better conditions of employability and restart of functions,

owing to involve the identification of their abilities, motivations and vocations, the

professional guidance, the elaboration and implementation of an requalification plan,

including professional training actions and the evaluation of the results obtained.

5-A The frequency of vocational training actions occurs by indication of the entity

manager of the requalification system and must match identified needs

by the same, constituting charge of this.

Article 18.

Deadline of the requalification process

1-A The requalification situation stems during the 12-month period, followed or

interpolated, after the placement of the worker in that situation.

2-Fishing the period referred to in the preceding paragraph without there being any restart of duties, is practiced

the act of termination of the contract of employment.

3-A The requalification situation stems during undefined time when it deals with

worker appointed as referred to in Article 10 of Law No 12-A/2008 of 27 of

February, amended by the Leis n. ºs 64-A/2008, of December 31, 3-B/2010, of 28 of

april, 34/2010, of September 2, 55-A/2010, December 31, 64-B/2011, of 30 of

December, 66/2012, of December 31, and 66-B/2012, of December 31, and by the

Decree-Law No. 47/2013 of April 5.

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Article 19.

Remuneration during the requalification process

1-During requalification the employee will earn remuneration equivalent to two thirds,

66.7%, in the first six months and the half, 50%, while remaining in that situation.

2-The remunerations, referred to in the preceding paragraph correspond to the base remuneration

monthly referring to the category of origin, step, index or position and level

remunerations, held at the date of the placement in the situation of requalification.

3-A monthly base remuneration considered for the purposes of the preceding paragraph is subject to the

subsequent changes to the terms in which the remuneration of employees is

exercise of functions.

4-In any case, remuneration may not be lower than the minimum monthly consideration

guaranteed.

Article 20.

Cessation and suspension of the process

1-The process of requalification cesses with respect to each worker in situation of

requalification by:

a) Resume of functions on any organ or service for indefinite time;

b) Retirement or retirement;

c) Termination of the contract;

d) Application of penalty of dismissal or dismissal on a fact attributable to the

worker.

2-The requalification process suspends itself relatively to each worker in situation

of requalification by:

a) Resume of functions, by time determined or determinable;

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b) Resume of duties in office or functions that, legally, can only be

exerted by time determined or determinable;

c) An experimental period, following the restart of functions;

d) Pass to any leave situation without salary or remuneration.

3-When he cesse any of the situations provided for in the preceding paragraph, the worker is

remanded in the requalification situation, at the time of the count of the respective term

when it started it, except when, in the meantime, it was integrated into organ or service.

Article 21.

Principles of the jurydic-functional complex of workers in situation of

requalification

1-The worker in requalification situation maintains, without injury of subsequent

changes, the category, rank, index or position and remunerative level held in the

source service, at the date of the placement in that situation.

2-For the purposes of the provisions of the preceding paragraph, the posts, categories are not considered

or functions exerted by time determined or determinable, specifically in

service commission scheme, mobility instrument or in an experimental period.

3-The worker in requalification situation does not lose that quality when exercising

functions by time determined or determinable, specifically through the

applicable mobility instruments, in any of the modalities provided for in the

article 24 and following.

Article 22.

Workers ' rights in the process of requalification

1-In the process of requalification, the worker who does not find himself in the exercise of

functions enjoys the following rights:

a) To the monthly remuneration set out in accordance with Rule 19;

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b) To Christmas and holiday allowances calculated on the basis of the remuneration to which you have

right;

c) To family benefits, in the applicable legal terms;

d) A vacation and leave, in the applicable legal terms;

e) On social protection, in it if including the perks granted by the social services in the

Public Administration and the benefits of ADSE or other subsystems of

health, in the applicable legal terms;

f) From presentation to tender for pavement in office, category or career to

that meets the legally fixed requirements;

g) To the realization of a specific training programme.

2-The time of stay of the worker in requalification situation is considered

for purposes of retirement or retirement, as well as for the purposes of seniority in the

exercise of public functions.

3-For the purpose of contribution to the social protection regime covering it and calculation

of retirement pension, retirement or survival, the remuneration is considered

earned by the worker under the terms of the ( a ) of paragraph 1.

4-The requalification situation worker who finds himself to perform duties on title

transitory or by time determined or determinable enjoys the rights conferred upon the

workers with identical functions of the entity for which it provides service, as well as,

being the case, of those provided for in the ( and ) a g ) of paragraph 1 and in paragraph 2.

5-The worker placed in requalification situation may apply, to any

moment, the revocation of the contract of employment in public functions, pursuant to the law.

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6-To the worker in the situation of requalification is allowed, dismisses authorization, the

exercise of paid professional activity, under the law, without prejudice to the

fulfillment of the duties to which you find subject within the framework of the

requalification.

7-Workers in the situation of requalification, yet integrated into careers

specials, can consolidate intercareer mobility situations in general career without

precedence of concursal procedure, upon application authorized by the

member of the Government responsible for the Public Administration, applying, in all the

more, the general regime of consolidation of mobility in the category.

8-During the process of requalification may the employee require, at any time,

an unpaid leave or without pay, under the law.

Article 23.

Duties of workers in the process of requalification

1-In the process of requalification, the worker who does not find himself in the exercise of

functions is subject to the duties provided for in the following numbers.

2-The worker maintains the duties inherent in the condition of worker in office

public, with the exception of those that relate directly to the exercise of functions.

3-The worker in requalification situation is mandatory objector for occupation of

outposts object to the recruitment referred to in the following article and the para. 2

of Article 25 and of it not to give up unjustifiably as long as they check out the

following cumulative requirements:

a) Be open for category not less than you detain at the time of application;

b) The rules of application of the mobility established for the

career and category of the employee concerned.

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4-The same worker also has a duty to appear in the application of the methods

of selection for restart of functions for it to be summoned, as well as to attend

the vocational training actions for it to be indicated.

5-A unwarranted dismissals of the selection procedure to which that worker is

mandatory opposing and the unsubstantiated refusal of restarting functions in service

constitute serious infractions punishable with penalty of resignation, to be applied by prior

disciplinary procedure.

6-The flawings to the application of selection methods for restarting functions that are not

justified on the basis of the scheme of workers ' falters in public functions, the

unsubstantiated refuse from restarting functions in different bodies of organs or

services or frequency of vocational training actions, as well as quit-giving

unsubstantiated in the course of these constitute serious infractions punishable by punishment of

resignation, to be applied by prior disciplinary procedure.

7-The worker in requalification situation has yet the duty to accept the restart of

functions, to any title and in any of the modalities provided for in Articles 24 to

26., verified the conditions referred to in paragraph 3.

8-The said worker has a duty to communicate to the managing body of the system of

requalification any relevant change in your situation, specifically in what if

refers to the achievement of new academic qualifications or professional qualifications or the

alteration of your permanent place of residence.

9-The worker in requalification situation, who finds himself to perform duties on title

transitory or by time determined or determinable, is subject to the duties of the

employees of the entity for which it exercises functions, as well as those provided for us

previous figures, when they are susceptible to making a cessation of the situation of

requalification.

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Article 24.

Priority for the recruitment of workers in the situation of requalification

1-None of the organs or services covered by the scope set out in the article

3. may initiate procedure for the hiring of provision of services or recruiting

worker, without prejudice to the regime of mobility, for indefinite time,

determined or determinable, which does not find itself integrated into the personnel map for the

which one operates the recruitment prior to the previous recruitment procedure

of workers in the situation of requalification for the functions or jobs

in cause.

2-The prior procedure of recruitment of workers in the situation of requalification

referred to in the preceding paragraph shall be fixed by porterie of the members of the Government

responsible for the areas of finance and the Public Administration.

3-Within the scope of the prior recruitment procedure to which the figures relate

previous there can be no place the exclusion of candidates nominated by the managing entity

of the requalification system and, or, whose application has been validated by this

entity.

4-The recruitment of workers in the situation of requalification, under and under the terms

of the procedure set out in the preceding paragraphs, has priority in the face of recruitment

of workers in reserve consisting of the organ itself or service and in reserve

consisting of a centralizing entity.

5-A lack of workers in the situation of requalification for jobs

at cause is attested by the managing entity of the requalification system, upon

issuance of own declaration for the purpose, in the terms to be fixed by the portaria to which if

refers to paragraph 2, and the presentation of which is indispensable for the opening, by the entity

public employer concerned, of concursal procedure in the general terms for the

occupation of jobs that has not been possible to occupy by workers

in the situation of requalification.

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6-The default of the provisions in the preceding paragraphs makes the leader incurrable

responsible for disciplinary, civil and financial responsibility and constitutes grounds

quite a lot for the cessation of your service commission, immediately after the

homologation, by the member of the Government responsible for the areas of finance and the

Public Administration and by the member of the Government of the tutelage, of elaborated report

by the relevant bodies and departments for carrying out inspection and auditing actions

which has proceeded to the confirmation of the default.

7-The procedure of recruitment of workers in requalification situation to which

refer to paragraphs 1 and 2 is urgent and of public interest, not the hearing taking place

of interested.

8-There is no suspensive effect of the administrative appeal interpost of dispatching

approval of the list, order of appointment, conclusion of contract or of

any other act practiced in the course of the procedure.

9-A The application of this Article shall be without prejudice to the provisions of paragraph d ) of paragraph 1 of the

article 54 and in Article 106 (7), both of Law No 12-A/2008 of February 27,

amended by the Leis n. ºs 64-A/2008, December 31, 3-B/2010, of April 28,

34/2010, of September 2, 55-A/2010, of December 31, 64-B/2011, of 30 of

December, 66/2012, of December 31, and 66-B/2012, of December 31, and by the

Decree-Law No. 47/2013 of April 5.

Article 25.

Restart of functions in service

1-The requalification situation worker can restart functions on any organ

or service, either on a transitional or for an indefinite basis, determined or

determinable, provided that it meets the legally fixed requirements for the purpose.

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2-The exercise of duties following the procedure referred to in the previous article

presupposes the constitution of a public employment legal relationship with the organ or

service that proceeds to recruitment, which it has started with an experimental period

duration of not less than six months, except when it is in question the constitution of

a public employment legal relationship for time determined or determinable, in

that the trial period has duration of not more than 30 days.

3-By specially reasoned act of the competent entity, heard the jury, the period

experimental and the legal relationship referred to in the preceding paragraph may be made

cessation in advance when the worker manifestly reveals not to possess the

competencies required by the job that it occupies, with communication to the entity

manager of the requalification system.

4-In all that is not specially provided for in this Article shall apply to the

experimental period to which the previous figures refer, with the necessary

adaptations, the provisions of Article 12 of the Law No 12-A/2008 of February 27, amended

by the Leis n. ºs 64-A/2008, December 31, 3-B/2010, April 28, 34/2010, 2

of September, 55-A/2010, of December 31, 64-B/2011, of December 30, 66/2012,

of December 31, and 66-B/2012, of December 31, and by the Decree-Law No. 47/2013,

of April 5.

Article 26.

Resume of functions under mobility instruments

1-The requalification situation worker can restart functions under the shelter and in the

terms of the mobility instruments provided for in the law, with the necessary adaptations.

2-The restart of duties referred to in the preceding paragraph may, by decision of the organ or

service with need for human resources, be object of the selection procedure

provided for in Article 24.

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Article 27.

Resume of roles in other public law collective persons

1-Workers in the situation of requalification can restart functions in companies

of the business sector of the State and the regional, inter-municipal business sectors and

municipal, independent administrative entities, regulatory bodies, associations

public, public foundations of public law and private law, other persons

Collective of the autonomous administration and too many public entities, in regime of

ceding of public interest.

2-The restart of functions pursuant to the preceding paragraph takes place at the initiative of the

worker, the collective person of public law interested or the managing body of the

requalification system, not lacking the concordance of the member of the Government.

Article 28.

Restarcement of functions in private institutions of social solidarity

1-Workers in the situation of requalification may restart functions, pursuant to the

previous article, in private institutions of social solidarity which, to the effect,

celebrate protocol with the managing entity of the requalification system.

2-Compete to the managing entity of the requalification system, heard the worker, take the

final decision of restarcement of duties.

CHAPTER IV

Management of workers in the situation of requalification

Article 29.

Affectation

Workers in the situation of requalification are affections to the Directorate General of Qualification

of the Workers in Public Roles (INA), as the managing entity of the system of

requalification.

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Article 30.

Managing entity of the requalification system

1-A Organic law of the managing entity of the mobility requalification system

regulates, in particular, the respective attributions and competences, as well as the

collaboration duties that impend on the remaining organs and services.

2-The managing entity of the requalification system competes, specifically:

a) Proceed to payment of the remunerations and practice the remaining acts of

administration relating to workers placed in the situation of requalification,

including those relating to the fulfilment of the own duties of these workers;

b) Promote or follow up studies of assessment of resource needs

humans of the Public Administration;

c) Follow up and streamline the process concerning the workers in situation of

requalification, following and zeling by the application of exemption criteria and

transparency and promoting its restart of functions, specifically:

i) Informing you as to the open selection procedures;

ii) Promoting their requalification by way of vocational training;

d) Practise, when necessary under this Act, the acts relating to the

resume of duties and the cessation of functions exerted on a transitional basis.

Article 31.

Transmission of information

1-Data for workers in the situation of requalification are entered by the

managing entity of the requalification system in the Organization Information System

of the State, whenever loading or updating of data occurs, and in the system of

management of its own, within eight working days of the publication of the nominative list

that put the workers in that situation.

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2-A The managing entity of the requalification system informs the worker about the

loading or updating referred to in the previous number.

Article 32.

Budget transfers

The organ or service of origin of the worker placed in the situation of requalification

proceeds to the transfer, to the managing entity of the requalification system, of the amount

budgeted for the remuneration of the same worker for the economic year in which

occur the placement in that situation.

Article 33.

Charge with compensation

The payment of severance pay for termination of the contract of employment in public functions

provided for in this Diploma, is ensured by the General Secretariat of the Ministry of

Finance, pursuant to the Decree-Law No. 74/70 of March 2, as amended by the

Decrees-Leis n. ºs 793/76, November 5, 275-A/93, August 9, and 503/99, of 20

of November, and by the Law No. 67-A/2007 of December 31, when it deals with

workers coming from services covered by Article 3 (1) and (2).

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CHAPTER V

Transitional and final provisions

Article 34.

Own scheme for unemployment benefit under the Protection Scheme

Convergent Social

1-As long as the eventuality of unemployment under the Regime is not regulated

of Convergent Social Protection, pursuant to the terms set out in Law No. 4/2009, of 29 of

January, as amended by Law No. 10/2009 of March 10, the workers placed in

requalification situation covered by that Regime, in the situation of cessation of the

contract of employment in public functions by absence of placement at the end of the period

maximum stay, are entitled to protection in unemployment in the terms provided for

in the Decree-Law No. 220/2006 of November 3, amended by the Decree-Law

n ° 68/2009 of March 20 by Law No. 5/2010 of May 5 by the Decrees-Leis

n. paragraphs 72/2010, of June 18, and 64/2012, of March 15, by Law No. 66-B/2012 of 31

of December, and by the Decree-Law No. 13/2013 of January 25, and too much legislation

complement, with the necessary adaptations.

2-For the purpose of finding the relevant reference remuneration for calculation of the

unemployment benefits, is considered the remuneration corresponding to the category of

origin, step, index or position and remunerative level held at the date of cessation of the

contract of employment in public functions, not subject to the provisions of paragraphs 1 and 2 of the

article 19.

3-The payment of unemployment benefits is ensured by the managing body of the

requalification system.

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4-To workers in public functions covered by this Article shall apply to

safeguard of rights provided for in Article 6 of the Decree-Law No. 64/2012, 15 of

march, giving them guaranteed the period of granting the unemployment allowance

provided for in Article 37 of the Decree-Law No 220/2006 of November 3 in the essay in

vigour before the amendments introduced by Decree-Law No. 64/2012 of March 15.

5-Are still applicable the rights and duties of the beneficiary set out in the Decree-Law

n. 220/2006 of November 3, as amended by Decree-Law No. 68/2009, 20 of

March, by Law No. 5/2010, of May 5, by the Decrees-Laws 72/2010, of 18 of

June, and 64/2012, of March 15, by the Law No. 66-B/2012 of December 31 and by the

Decree-Law No. 13/2013, of January 25, and other supplementary legislation,

specifically the demand for employment and presentation at the Job Centre.

6-The procedures necessary for the application of the provisions of this Article are approved

by porterie of the members of the Government responsible for the areas of finance,

Public administration, social security and employment.

7-The provisions of this Article shall be without prejudice to the provisions of Articles 9 and 10 of the Law

no 11/2008 of January 29, as amended by the Laws n. 64-A/2008 of December 31, and

4/2009, of January 29, kept in force by Article 31 of Law No. 4/2009, 29 of

January, amended by Law No. 10/2009 of March 10, in the terms and for the effects on it

anticipated, for situations not covered by the requalification system.

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Article 35.

Application to workers in business public entities

1-In the case of reorganisation of services covered by the scope of objective

set out in Article 3 that involves the transfer of assignments and competences

for business public entities, the procedure is applied in the case of merger or

restructuring of services with transfer of assignments or skills to

different services, as the case may be, owing to those entities having a map of

personnel with jobs intended for employees with legal relationship of

public employment that will come to them in reaffection in the terms of those procedures, the

extinguish when to wander.

2-To the employees referred to in the preceding paragraph the scheme shall continue to apply

arising from the legal public employment relationship of which they are the date of the

reaffection arising from the application of that provision.

3-The workers to which they refer to the previous figures may opt for the constitution of

a legal employment relationship pursuant to the general scheme applicable to the generality of the

employees of the corporate public entity concerned, with the corresponding complaint

of the respected contract of employment in public functions.

Article 36.

Service personnel extinguished in unpaid leave situation or

remuneration

1-Without prejudice to the provisions of the following number, the return of unpaid leave or

remuneration of the employees referred to in Article 7 of this Law and the paragraph 6 of the

Article 47 of Law No 53/2006 of December 7, amended by Laws 11/2008, of 20

of February, 64-A/2008, of December 31, and 64-B/2011, of December 30, effectuate

if in the following terms:

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a) The worker is placed at the beginning of the requalification situation, suspending himself

the period count provided for in Article 18 (1);

b) Up to the restart of functions that occur in the first place the worker becomes subject

to all the duties and rights set out for the workers placed in

requalification situation, except with regard to the remuneration that will only be

due after the first restart of functions;

c) In the case of restarted functions by indefinite time or the verification of

any other circumstance provided for in Article 20 (1), cesses the situation of

requalification of the worker;

d) In the case of resonates of duties as a transitional basis the provisions of the

points a ) or b ) of Article 20 (2), depending on the cases;

e) When the termination of the functions in the situations referred to in the preceding paragraph

worker is recolocated at the beginning of the requalification process, applying, the

from this time, in full the scheme provided for in Articles 17 and

following.

2-In the case of return of situation of unpaid leave or remuneration which, in the

general terms, determine the direct and immediate return to the service, the worker is

placed at the beginning of the requalification process, with all the respect rights and

duties, applying in full the scheme provided for in Articles 17 and following.

3-Considered covered by the provisions of the preceding paragraph the licences provided for,

in particular, in the following provisions:

a) Article 235 (4) of the Working Contract Regime in Public Functions,

approved by Law No. 59/2008 of September 11, amended by Law No 3-B/2010,

of April 28, by the Decree-Law No. 124/2010 of November 17 and by the Laws

n. 64-B/2011, of December 30, and 66/2012, of December 31;

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b) Article 76 and ( b ) of Article 89 of the Decree-Law No 100/99 of March 31,

amended by Law No. 117/99 of August 11, by the Decrees-Laws 503/99, of

November 20, 70-A/2000, of May 5, 157/2001, of May 11, 169/2006,

of August 17, and 181/2007, of May 9, by the Leis n. ºs 59/2008, 11 of

september, and 64-A/2008, of December 31, by the Decree-Law No. 29-A/2011, of

March 1, by the Laws n. ºs 66/2012, of December 31, and 66-B/2012, of 31 of

December, and by the Decree-Law No. 36/2013 of March 11;

c) Article 84 and ( a ) of Article 89 of the Decree-Law No 100/99 of March 31,

amended by Law No. 117/99 of August 11, by the Decrees-Laws 503/99, of

November 20, 70-A/2000, of May 5, 157/2001, of May 11, 169/2006,

of August 17, and 181/2007, of May 9, by the Leis n. ºs 59/2008, 11 of

september, and 64-A/2008, of December 31, by the Decree-Law No. 29-A/2011, of

March 1, by the Laws n. ºs 66/2012, of December 31, and 66-B/2012, of 31 of

December, and by the Decree-Law No. 36/2013 of March 11, in cases where the

license has duration lower than that provided for, respectively, in Article 85 (2) and

in Article 90 (5)

Article 37.

Amendment to Law No. 12-A/2008 of February 27

Article 33 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, 64-B/2011, of December 30, 66/2012, of December 31, and 66-

B/2012, of December 31, and by the Decree-Law No. 47/2013 of April 5, passes

next essay:

" Article 33.

[...]

1-[...].

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2-[...].

3-When the contract for indefinite time should cease by

collective dismissal or by dismissal of the extinction of the post of

work, the identification of workers with respect to which such

cessation should produce effects operates by application of the procedures

provided for in the Act in the event of a reorganisation of services and rationalization of

effective.

4-A The need for termination of the contract stems from the non-reaffection of the

worker involved in procedure of reorganization of services or

rationalization of effectives.

5-A confirmation of the need for termination of the contract stems from the no

restarting of worker roles placed in requalification situation

at the expiry of the term provided in the law.

6-Should the worker restart functions for indefinite time in any

organ or service to which the present law is applicable, the procedures for

cessation of the contract are filed without being practiced the

corresponding act.

7-Not taking place the restart of functions in the terms of the previous number, is

practiced the act of termination of the contract, pursuant to Art. 366 para.

Code of Work.

8-[ Revoked ].

9-[ Revoked ].

10-[ Revoked ]. "

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Article 38.

Amendment to Decree-Law No 74/70 of March 2

Article 1 of the Decree-Law No. 74/70 of March 2, amended by the Decrees-Laws

n. paragraphs 793/76 of November 5, 275-A/93, of August 9, and 503/99, of November 20, and

by Law No. 67-A/2007 of December 31, passes to have the following essay:

" Article 1.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) With the compensations provided for in the Law No. __/2013, de __de __ [Reg.

PL 211/2013], within the framework of the Central State Administration.

2-[...]. "

Article 39.

Amendment to Decree-Law No 139-A/90 of April 28

Article 64 of the Decree-Law No 139-A/90 of April 28, amended by the Decrees-Laws

n. ºs 105/97, April 29, 1/98, January 2, 35/2003, February 27, 121/2005,

of July 26, 229/2005, of December 29, 224/2006, of November 13, 15/2007, of

January 19, 35/2007, of February 15, 270/2009, of September 30, 75/2010, of 23

of June, and 41/2012, of February 21, goes on to have the following essay:

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" Article 64.

[...]

1-[...]:

2-[...].

3-On the initiative of the Administration, the mobility of lecturers may occur

for another establishment of education or teaching or pedagogical zone,

regardless of the contest, on the grounds of public interest

arising from the planning and organisation of the school network, being applied

the procedures defined in a diploma of their own.

4-[ Revoked ].

5-[ Revoked ]. "

Article 40.

Addition to the Decree-Law No 139-A/90 of April 28

It is added to the Decree-Law No. 139-A/90 of April 28, as amended by the Decrees-Laws

n. ºs 105/97, April 29, 1/98, January 2, 35/2003, February 27, 121/2005,

of July 26, 229/2005, of December 29, 224/2006, of November 13, 15/2007, of

January 19, 35/2007, of February 15, 270/2009, of September 30, 75/2010, of 23

of June, and 41/2012, of February 21, Article 64, with the following essay:

" Article 64.

System of requalification

1-The legal regime that institutes and regulates the requalification system is applied

lecturers entered in the career, with the specificities foreseen in

own diploma.

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2-A allotment in requalification situation is made by nominative list that

indicates the bond and remunerative index, approved by dispatching the

maximum leader of the service responsible for the management of human resources

of education, to be published in the Journal of the Republic .

3-The service responsible for the management of human resources of education

takes over the managements entity competences of the requalification system. "

Article 41.

Amendment to Decree-Law No 209/2009 of September 3

Articles 1, 14, 15 and 16 of the Decree-Law No 209/2009 of September 3, amended

by the Leis n. ºs 3-B/2010 of April 28, and 66/2012, of December 31, go on

next essay:

" Article 1.

[...]

1-[...].

2-[...].

3-The present decree-law shall also carry out the adaptation to the administration

municipal regime legal scheme of the requalification system of workers in

public functions.

4-[...].

Article 14.

[...]

1-[...].

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2-The regime of the requalification system, in the wake of processes of

restructuring of services and rationalization of effectives, applies to

municipal administration.

3-[...].

Article 15.

[...]

1-The references made in the Decree-Law No. 200/2006 of October 25 and in the

Regime of the requalification system, the member of the government, to the leader

maximum of the organ or service and to the leader responsible for the process of

reorganisation, consider themselves to be made, for the purposes of this decree-law:

a) [...];

b) [...];

c) [...];

d) [...].

2-[...].

Article 16.

System of requalification of workers

1-The exercise of the skills provided for the managing body of the system

of requalification competes in a managing entity of the requalification in the

authorities (EGRA) with respect to the respective reorganization processes

and workers, to be constituted in the scope of each metropolitan area and

intercity community.

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2-A The constitution and the functioning of the EGRA are determined in the terms

of the statutes of the respected metropolitan area or community

intermunicipal, by specific regulation, which is submitted to appear

previous member of the Government responsible for the area of the Administration

Public.

3-[ Revoked ].

4-The scope of the procedures laid down in the scheme of

requalification is that of the area of the public entity referred to in paragraph 1.

5-The concursal procedure itself provided for restarting functions in the

terms of the requalification regime, operates, in the first place, for the

workers in the situation of requalification within the area of the area of respect

metropolitan area or intercity community.

6-The payment of the allowance provided for in Article 34 of Law No __/2013, of __

from __ [Reg. PL 211/2013], compete for the public entities to which they refer

the points a ) a d ) of paragraph 1 of the previous article, concerning workers

that to these were found to be bound. "

Article 42.

Addition to the Decree-Law No. 209/2009, of September 3

It is added to Decree-Law No. 209/2009 of September 3, as amended by the Laws

n. ºs 3-B/2010, of April 28, and 66/2012, of December 31, Article 16, with a

next essay:

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" Article 16.

Subsidiary managing entities

In case the EGRA is not constituted on the date of the approval, by any of the

entities referred to in the ( a) a d) of Article 15, of the nominative list of the

workers who are placed in the situation of requalification, that entity

assumes the position of EGRA for all the effects provided for in the previous article,

with the following specificities:

a) The scope of paragraph 4 of the preceding Article shall be that of the area of

respects public entity;

b) The concursal procedure itself predicted for restarting functions

under the terms of the requalification regime operates in the first place for

the workers in the situation of requalification in the context of the respect

public entity. "

Article 43.

Amendment of the Epigraft of the Decree-Law No. 209/2009 of September 3

The epiggrafe of Chapter III of the Decree-Law No. 209/2009 of September 3, amended by the

Laws n. 3-B/2010 of April 28, and 66/2012, of December 31, it shall have the following

essay writing: "Reorganization of services and system of requalification of workers".

Article 44.

Addition to the Decree-Law No. 132/2012, of June 27

They are deferred to Decree-Law No. 132/2012 of June 27, Articles 49-49-B, 49-

C, 49.-D, 49.--E, 49.-F, 49.-G and 49. º-H, with the following essay:

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" Article 49.

Nature

This section regulates the mobility provided for in Article 64 (3) of the ECD.

Article 49-B

Scope of application

1-The procedures provided for in this section are applied to lecturers

of the grouping or school boards not grouped or provided in

frame of pedagogical zone without a leaching component.

2-It's up to the Director General of the School Administration to effect the present

mobility.

Article 49-C

Geographical scope

1-A mobility of cluster or school board lecturers not

grouped takes place within the geographic space corresponding to the frame of

pedagogical area where the establishment of teaching or of the

pavement education.

2-A mobility of pedagogical zone frame lecturers, in addition to their

placement framework, takes place within the second framework of the pedagogical zone

identified in Article 9 (4) of this Decree-law.

3-A mobility may be for the duration of 4 years, as long as the lecturer keeps the

letiva component.

4-The lecturers identified in paragraph 1 of this article may apply for the

return to the establishment of origin, provided that there is an existence of

time with leaching component.

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Article 49-D

Identification of lecturers

The identification of the lecturers to whom the procedures of the

mobility obeys the following rules:

a) If there is in the grouping of schools or school not grouped together anymore

lecturers interested in the mobility that the necessary ones, the

candidates are identified by descending order of graduation

professional;

b) If there is in the grouping of schools or school not grouped one

insufficient number of lecturers interested in mobility, the

lecturers are identified by ascending order of their graduation

professional.

c) In the identification of pedagogical zone frame lecturers applies

the provisions of the previous points, considering the undergraduate list

by frame of pedagogical zone.

Article 49-And

Manifestation of preferences

1-For the purposes of this procedure, may the lecturers express

preferences in accordance with the provisions of Article 8 (2) as to the

groups for which they have professional habilitation and in the terms of the

article 9 of this Decree-law, without prejudice to the provisions of paragraphs 1 and 2 of the

article 49 .ºC.

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2-After the application of the procedures laid down in this section and

verified the conditions for mobility, can the School Administration

apply the provisions of Article 61 of the Law No 12-A/2008 of February 27,

changed by the Laws n. ºs 64-A/2008, December 31, 3-B/2010, from 28 of

April, 34/2010, of September 2, 55-A/2010, of December 31,

64-B/2011, of December 30, 66/2012, of December 31, and 66-B/2012,

of December 31, and by the Decree-Law No. 47/2013 of April 5.

Article 49-F

Procedures

The procedures for placement in mobility are set out in

opening notice to be published on the electronic page of the School Administration ".

Article 49-G

Requalification

1-Without prejudice to the provisions of the preceding Articles, the requalification system

provided for in Article 64 of the ECD is applied to career lecturers who

do not get placement through the internal mobility contest until 31

of January of the current school year.

2-It is up to the lecturer who finds himself in the situation of requalification manifest

interest in keeping on the list of not placed for the purpose of

concursal procedures aimed at satisfaction of needs

temporary until the end of the current school year.

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3-The lecturers who are in the situation of requalification at the date of

opening of the internal contest or the contest intended for the satisfaction of

temporary needs are opponents in the 1 th priority in the terms of the

present decree-law.

Article 49-H

Suptive regime

In anything that is not provided for in this section, the general scheme shall apply

of the requalification applied to the Public Administration. "

Article 45.

Systematic amendments to Decree-Law No. 132/2012 of June 27

1-To Chapter IV of the Decree-Law No. 132/2012 of June 27 is added to the section

IV with the following epiggrafe: "Mobility on the initiative of the Administration", which

integrates articles 49.-A to 49-.º-F.

2-To Chapter IV of the Decree-Law No. 132/2012 of June 27 is added to section V

with the following epiggrafe: "Requalification", which integrates articles 49.-G and 49 .º-H.

Article 46.

Abrogation standard

They are revoked:

a) The Law No. 53/2006 of December 7, amended by the Laws No. 11/2008, of 20

from February, 64-A/2008, from December 31, and 64-B/2011, from 30 of

December;

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b) Paragraphs 8 a to 10 of Article 33 and Article 88 (4) of the Law No 12-A/2008 of

February 27 amended by the Leis n. ºs 64-A/2008, December 31, 3-

B/2010, of April 28, 34/2010, of September 2, 55-A/2010, of 31 of

December, 64-B/2011, of December 30, 66/2012, of December 31, and

66-B/2012, of December 31, and by the Decree-Law No. 47/2013, 5 of

april;

c) Article 64 (64) and (5) of the Decree-Law No. 139-A/90 of April 28,

changed by Decrees-Laws n. ºs 105/97, of April 29, 1/98, of 2 of

January, 35/2003, of February 27, 121/2005, of July 26, 229/2005,

of December 29, 224/2006, of November 13, 15/2007, of 19 of

January, 35/2007, of February 15, 270/2009, of September 30,

75/2010, of June 23, and 41/2012, of February 21;

d) Paragraphs 2 and 3 of Article 16 of the Decree-Law No 209/2009 of September 3,

changed by the Leis n. ºs 3-B/2010, April 28, and 66/2012, from 31 of

december.

Article 47.

Standard of prevalence

The provisions of this Law shall prevail over any other standards, special or

excecional, on the contrary and on instruments of collective regulation of work and

work contracts.

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Article 48.

Standard of adaptation

1-Without prejudice to the provisions of the following number, the amendments made by the present

law apply to workers in special mobility situation at the date of entry into

vigour of this Law, these being placed, by virtue of this provision and in the

terms of the present diploma, at the beginning of the requalification situation, maintaining the

remuneration earned on that date.

2-It is affection to the INA all workers in special mobility situation at the date of

entry into force of this diploma.

3-For the purpose of the provisions of the previous figures are the transfers

budget that are justified.

4-A affection provided for in the previous figures is effected without prejudice to the maintenance of the

situations prevailing on unpaid leave or without pay, applying to the

workers in these situations, with the necessary adaptations, the provisions of this Law.

5-Workers to whom extraordinary leave has been granted under the article

32 of Law No. 53/2006 of December 7, amended by Laws No. 11/2008, 20 of

February, 64-A/2008, of December 31, and 64-B/2011, of December 30, holds

in that situation, applying to them the scheme provided for in that provision, and may not

there being place the extension of the permit.

Article 49.

References

All references made to Law No. 53/2006, December 7, and to " mobility

special ", they consider themselves to be made, respectively, for the present law and the" requalification ".

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Article 50.

Entry into force

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

Seen and approved in Council of Ministers of June 6, 2013

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs