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Proposal for Law No 255 /XII

Exhibition of Motives

The ratification by the Portuguese Republic of the Maritime Labor Convention, 2006, obliges

to the consecration of uniform rules to all workers covered by its rules,

specifically with respect to the level of guaranteed social protection.

The Foundations of Social Security and the legal planning of social security schemes

provide for the mandatory framing of workers who exercise activity

professional under contract of employment or to him equated in the general scheme of

social security of workers on account of outrain.

This proposed Act has in view appropriate national legislation, with respect to the

social security matter, to the Convention, by enshrining the principle of obligation of

framework in the general social security regime of the crewmembers of the registered vessels

in the MAR, with the necessary adaptation of the legislation in force in accordance with the

form of integration now operated, with a view to maintaining the rights already constituted of the

workers.

It is thus proposed to end the exclusion of the general framework rules in the general scheme of

social security of workers and respect employer entities, provided for in the

Diploma regulator of the International Register of Wood Ships (MAR).

The proposal to amend the standard in question is accompanied by the exception standards in the

access to the voluntary social insurance scheme that will enable enrolled workers

seafarers to maintain the global scope of social protection that, voluntarily, already

them was assured.

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Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Object

This Law makes the seventh amendment to Decree-Law No. 96/89 of March 28,

regulating the social protection of crewmembers of vessels registered in the International Register

of Madeira.

Article 2.

Amendment to Decree-Law No 96/89 of March 28

Article 25 of the Decree-Law No. 96/89 of March 28, passes the following essay:

"

" Article 25.

1-Crewmembers must be covered by a social protection regime

that compulsorily cover the eventualities of disease, disease

professional and parenthood.

2-A coverage of the eventualities referred to in the preceding paragraph may be made

by any social protection regime, save in the case of crewmembers

nationals or residents in national territory whose coverage is

mandatorily carried out by the inscription in the general security

social of workers on account of outrain.

3-In the case of enrolment in the general social security scheme of workers

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per account of outrain, the contributory fee is 2.7%, ending 2.0% à

employing entity and 0.7% to the worker.

4-Crewmembers can still register with the social insurance scheme

volunteer for protection in the eventualities of disability, old age and death. "

Article 3.

Regime of the transition

1-The crewmembers who, at the date of the entry into force of this Law, are covered

by the voluntary social insurance scheme under Art. 170 (1) of the Code of

Contributory regimes of the Previdential Social Security System, passed by the Law

n ° 110/2009 of September 16 remain in this regime only for protection in the

eventualities of disability, old age and death.

2-A change in the scope of social protection of workers provided for in the preceding paragraph

is made officiously by the relevant social security services as it

if you check your framework in the general scheme of employees on account of

listen.

Article 4.

Supplementary provision

Without prejudice to the provisions of the Code of Predictive Regimes of the Previdential System

of Social Security, approved by Law No. 110/2009, of September 16, and respect

regulation with respect to the obligation to communicate the admission of workers, the

enrollment in the general scheme of employers and employees who are already

find at your service must be carried out within 30 days after the date of entry into

vigour of this Law.

Article 5.

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Abrogation standard

It is repealed at para. c ) of Article 170 (1) of the Code of Contributive Regimes of the

The Previdential Social Security System, approved by Law No. 110/2009, of 16 of

September.

Seen and approved in Council of Ministers of October 9, 2014

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs