Key Benefits:
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Proposal for Law No 321 /XII
Exhibition of Motives
The Law No. 2/2004 of January 15, which approved the status of the personal staff of the
services and bodies of the central, regional and local government of the state, establishes its
own application to the local administration, with the necessary adaptations, by decree-
law.
The Act No. 49/2012 of August 29, amended by Law No. 82-B/2014 of December 31,
which proceeded to adapt that law to the local administration, not only provides that with the exception
of section III of Chapter I, Law No. 2/2004 of January 15 applies to the official staff
of the municipal chambers and the municipalized services, with the adaptations laid down therein,
how it establishes that the status of the official staff of other municipal entities or
equiparades is regulated by special legislation.
In matters of organisation of services, Law No. 49/2012 of August 29, amended by
Law No. 82-B/2014 of December 31, did not establish any rule in respect of
intermunicipal entities.
For its part, Law No. 75/2013 of September 12, amended by the Laws No. 25/2015, of 30
of March, and [Reg. PL 134/2015], which established the legal regime of local authorities,
approved the status of the inter-municipal entities, established the legal regime of the
transfer of state competences to local authorities and to entities
inter-municipal and approved the legal regime of the municipal associativism, stipulates, in its
article 106, that inter-municipal entities can create technical support services and
administrative and that the respect of nature, structure and functioning are defined in
internal regulation, approved by the board of the inter-municipal entity, on a proposal from the
metropolitan executive committee or the inter-municipal executive secretariat.
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However, that law is silent on the leadership positions of the support services
technical and administrative of the inter-municipal entities.
The present proposed law thus comes to establish the legal regime of the organization of the
referred to services of the inter-municipal entities, taking into account the provisions of the rental
Article 106 of Law No 75/2013 of September 12, amended by Laws 25/2015, of 30
of March, and [Reg. PL 134/2015], and the status of the official personal respect.
Additionally, and with regard to the system of requalification of workers, whose
general regime is stated in the General Labor Law in Public Functions, passed by the Law n.
35/2014, of June 20, it is important to emphasize that at the municipal level, the skills in
requalification matter is exerted by the managing entities for the requalification in the
authorities (EGRA), which now go on to be taken over by the inter-municipal entities.
It was heard from the National Association of Portuguese Municipalities.
Thus:
In accordance with Article 2 (2) of Law No 49/2012 of August 29, amended by the Law
n 82-B/2014, of December 31, and of the d ) of Article 197 (1) of the Constitution, the
Government presents to the Assembly of the Republic the following proposal for law:
CHAPTER I
General provisions
Article 1.
Object
1-A present law establishes the legal regime of the organization of technical support services
and administrative of the inter-municipal entities, henceforth designated by services,
created under Article 106 of Law No 75/2013 of September 12, as amended by the
Laws n. 25/2015, of March 30, and [Reg. PL 134/2015].
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2-A present law further establishes the status of the governing staff of entities
intermunicipal, in accordance with the provisions of Article 1 (4) of the Law
n ° 2/2004 of January 15, and in Article 2 (2) of Law No 49/2012 of August 29,
amended by Law No. 82-B/2014 of December 31.
Article 2.
Scope of application
This Law applies to metropolitan areas and inter-municipal communities.
CHAPTER II
Reorganization of services of metropolitan areas and communities
intermunicipal
Article 3.
Reorganization of services
1-A The reorganisation of services is done by amending the internal regulation referred to
in Article 106 (2) of Law No 75/2013 of September 12, as amended by the Laws
n. ºs 25/2015, of March 30, and [Reg. PL 134/2015].
2-To the reorganization process referred to in the preceding paragraph, which comprises all the
operations and decisions necessary to bring about the changes introduced in the nature,
structure and operation of the service, the provisions of the Decree-Law No. 200/2006, apply,
of October 25.
Article 4.
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Competencies of metropolitan councils and inter-municipal councils
To metropolitan councils and inter-municipal councils, under proposal,
Respect, of the metropolitan executive committee and the executive secretariat
intercity, compete:
a) Approve the model of the organic structure of the respected services;
b) Approve the nuclear structure of the respected services by setting the correspondents
nuclear organic units;
c) Define the maximum number of flexible organic units;
d) Define the maximum total number of organic subunits;
e) Define the maximum number of multidisciplinary teams, as well as the status
remunerative of the heads of team;
f) Define the maximum number of project teams.
Article 5.
Competencies of the metropolitan executive committee and the executive secretariat
intercity
To the metropolitan executive committee and to the intermunicipal executive secretariat compete:
a) Create flexible organic units and define the respective assignments and
competences, within the limits set;
b) Creating multidisciplinary teams, within the limits set, to designate the respect
head of team and determine their remunerative status;
c) Create project teams, within the limits set;
d) Create, within the limits set, change and extinguish organic subunits;
e) Conforms to the internal structure of organic units and project teams and
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multidisciplinary, while also being given the affectation or reallocation of the staff of the
respect map.
Article 6.
Competences of the official staff
1-The holders of the direction positions of metropolitan areas and communities
intermunicipal, henceforth designated by leading positions, exercise, in respect
organic unity, the following competences:
a) Submit the dispatch of the metropolitan executive board or the secretariat
intermunicipal executive, properly instructed and informed, the subjects whose
decision competes in these bodies;
b) Collaborate in the elaboration of the instruments of forecasting and reporting and
accounts;
c) Studying the problems of which they are tasked by the chairmen of the council
metropolitan or the intercity council, or still by the first-
secretaries, and propose the appropriate solutions;
d) To promote the implementation of the decisions of the organs of the intermunicipal entities in the
subjects of the competence of the organic unit that drives.
2-Compete still to the holders of the leading posts:
a) Define the acting goals of the organic drive that drive, taking into account
the established general objectives;
b) Guide, control and evaluate the performance and efficiency of services in your
dependence, with a view to the implementation of the activities plans and the pursuit of the
results to be achieved;
c) Ensure the coordination of activities and the technical quality of the provision of the
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services in their dependence;
d) Manage, with rigour and efficiency, human, heritage and technological resources
affections to its organic unit, optimizing the means and adopting measures that
allow to simplify and speed up procedures and promote approximation to
society and other public services;
e) To ensure the technical quality of the work produced in your organic unit and
ensure compliance with deadlines appropriate to the effective provision of the service,
taking into account the satisfaction of the interest of the recipients;
f) Carry out professional monitoring in the workplace, supporting and
motivating employees and providing them with the appropriate knowledge
and professional skills necessary for the exercise of their duties, as well as the
procedures most appropriate to the increment of the quality of the service to be provided;
g) Disseminate to the employees the internal documents and standards of
procedure to be adopted by the service, as well as to debate and clarify the actions to
develop for the fulfillment of the objectives of the service, so as to ensure the
commitment and the assumption of responsibility on the part of employees;
h) Proceed objectively to the assessment of the merit of employees, in function
of the individual and group results and the way in which each engage in the
pursuit of the goals and the team spirit;
i) Identify the specific training needs of employees of your unit
organic and to propose the frequency of the training actions deemed appropriate to the
supply of the respects needs, without prejudice to the right to self-training;
j) Proceed to the effective control of the assiduity, punctuality and fulfillment of the
normal period of work, by the employees of their organic unit;
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k) Authorize the passage of filings of documents filed in the respect
organic unit, except when they contain classified matter, as well as the
restitution of documents to those interested.
Article 7.
Types of internal organization
1-A The internal organisation of the services shall be appropriate to the respective assignments and
obeys the following models:
a) Hierarchized structure;
b) Matrix structure;
c) Mixed structure.
2-When it is uniquely adopted the hierarchized structure, and as long as it is justified,
with a view to increasing flexibility and effectiveness in management, they can be created, by
reasoned deliberation of the inter-municipal council, under proposal of the respect
president, temporary project teams and with specified goals.
3-Whenever the mixed structure is adopted, the areas of activity are to be distinguished by
each of the other two models and shall, in particular, comply with the provisions of paragraph 1 of the
article 9.
Article 8.
Hierarchized structure
1-A The hierarchized structure consists of nuclear and flexible organic units.
2-A The nuclear structure of the service is composed of metropolitan departments or
intermunicipal, always corresponding to a fixed departmentalization.
3-A The flexible structure is composed of divisions.
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4-A creation, alteration or extinction of organic units within the framework of the flexible structure
aims to ensure the permanent suitability of the service to the operating needs and
of optimization of resources, taking into account the programming and judicious control of the
costs and results.
5-When they are predominantly in question functions of an executive nature, they may
be set up, within the framework of the organic units, by decision of the executive board
metropolitan or intermunicipal executive secretariat, and within the limits set,
respect, by the metropolitan or inter-municipal councils, subunits
organic co-ordinated by a technical coordinator, without prejudice to the provisions of paragraph 3
of Article 88 of the General Labor Law in Public Functions, passed by the Law
n. 35/2014, of June 20.
6-The act approving the nuclear structure of the service is published in the Journal of the Republic , under
penalty of legal ineffectiveness.
7-A organization by specialty should not impair the functional mobility of the
leaders and the remaining staff.
Article 9.
Matrix structure
1-A The matrix structure is adopted whenever the operative areas of the services are able
develop essentially by projects, owing to grouping themselves by nuclei of
well-identified skills or product, aiming to ensure the constitution of
multidisciplinary teams based on functional mobility.
2-A The designation of the chefias of the multidisciplinary teams is made from among effectors of the
service and published in the Journal of the Republic , together with a note on the curriculum
academic and professional of the nominee .
3-The heads of multidisciplinary teams can be committed the fixed skills
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for the holders of the leading posts.
4-A remuneration of the heads of multidisciplinary teams is established by equiparation
to the remuneration of the intermediate direction positions of 1. degree or lower.
CHAPTER III
Status of the official staff of the inter-municipal entities
Article 10.
Leading posts
1-The leading positions of metropolitan areas and inter-municipal communities are
the following:
a) Director of department, which corresponds to interim direction of 1. th
degree.
b) Head of division, which corresponds to the post of intermediate direction of 2. degree.
2-A The organic structure can predict the existence of intermediate direction positions of 3.
degree or lower.
3-In the case provided for in the preceding paragraph, it is up to the metropolitan executive committee or the
inter-municipal executive secretariat, the definition of the competences, of the area, of the
recruitment requirements, among which the requirement for graduation and the period of
appropriate professional experience, as well as the remuneration, which you owe
be fixed between 3 th and 6 nd remunerative positions, inclusive, of the general career of technical
top.
Article 11.
Recruitment and selection
1-The holders of the leading posts are recruited, by concursal procedure, from among
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workers with undetermined, licensed public employment bond, graduates,
endowed with technical competence and aptitude for the exercise of direction functions,
coordination and control, which meet six, four or two years of experience
professional in roles, positions, careers, or categories for whose exercise or
provement is required a degree, depending on whether it addresses directing positions
intermediate of 1. degree, 2 degree or 3 degree or lower, respectively.
2-In cases where the concursal procedure is deserted or in which none of the
candidates assemble conditions to be designated, the holders of the leading posts may
also be recruited, in subsequent concursal procedure, approved through
of deliberation of the metropolitan council or of the inter-municipal council, under proposal,
Respect, from the metropolitan executive commission or the executive secretariat
intermunicipal, from among licensed individuals with no link to the Public Administration that
meet the requirements set out in the preceding paragraph.
3-The concursal procedure is advertised on the public employment scholarship for 10 days,
with the indication of the formal requirements of the profiling, the required profile, the composition
of the jury and the selection methods, which include, necessarily, the achievement of a
final phase of public interviews.
4-A The advertiicitation referred to in the preceding paragraph is preceded by notice to be published in organ of
press of national expansion and in the Journal of the Republic .
5-The jury shall be constituted:
a) By the Prime Secretary metropolitan or the first-secretary
intermunicipal, which presides;
b) By a metropolitan secretary or by an intercity secretary, or, if this
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not exist, by personality of recognized professional merit, credibility and
personal integrity, the activity of which is or has been exercised preferentially
in the area of human resources or local municipal administration.
6-The elements of the jury referred to in the b ) of the previous number are assigned by the
first-metropolitan secretary or by the first intercity secretary,
respects.
7-To the element of the jury referred to in the second part of the b ) of paragraph 5, other than
linked to the Public Administration, is due remuneration in the terms set by the
metropolitan executive committee or by the inter-municipal executive secretariat, to which
may not be higher than the remuneration referred to in Article 21 (5) of Law No 2/2004,
of January 15.
8-The jury, finishes the concursal procedure, draws up the assignment proposal, with the
indication of the reasons why the choice has fallen in the proposed candidate, refraining from
order the remaining candidates.
9-The jury may consider that none of the candidates gathers conditions to be assigned.
10-The holders of the leadership positions are provided by deliberation of the executive board
metropolitan or the intermunicipal executive secretariat, in commission of service,
for the period of three years, renewable for equal periods of time.
11-A The designation deliberation, duly substantiated, is published in the Journal of the
Republic , together with a note relating to the academic and professional curriculum of the
designated, and it produces effects on the date on which it was taken, save if another date is
expressly fixed.
12-A The designation waives the authorization of the designated service or body of origin.
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13-The concursal procedure is urgent and of public interest, with no place to
hearing of interested.
14-A administrative challenge of the deliberation of designation or of any other act
practiced in the concursal procedure has no suspensive effect.
15-A proposition of cautionary providence of suspension of effectiveness of an administrative act
practiced in the concursal procedure does not have the effect of prohibiting the execution of that
act.
Article 12.
Paid status
1-A The base remuneration of department directors and division heads matches
to the one set out in the diploma referred to in Article 31 (1) of Law No 2/2004 of 15 of
January.
2-The holders of the intermediate direction positions of 1. and 2 degrees can be abated
representation expenses in the amount set for the managing staff of the administration
central.
3-The holders of the 3-degree or lower direction positions cannot be abated
representation expenses.
4-The holders of the leadership positions with ties to the Public Administration may opt,
where permission is expressed in the deliberation of designation, by maturity or
basis consideration of their function, job title or category of origin, provided that such
maturity or remuneration does not exceed the remuneration of the secretaries
metropolitans or intermunicipal secretaries, in which case the exercise of the right of
option becomes limited to this value.
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5-The holders of the Leaders without ties to the Public Administration cannot
opt for the maturity or basis consideration of your function, job title or category of origin.
6-The holders of the leading posts are awarded performance awards on the terms
provided for, with the necessary adaptations, for employees in public functions.
Article 13.
Entities managing the requalification in local authorities
1-Intermunicipal entities assume the functions of the managing entity of the system of
requalification in the local authorities referred to in Article 16 of the Decree-Law
no 209/2009 of September 3, as amended by the Laws n. 3-B/2010 of April 28,
66/2012, of December 31, and 80/2013, of November 28
2-A The constitution and the operation of the managing entity of the requalification system,
referred to in the preceding paragraph shall be approved by specific regulation, approved by the
metropolitan council or by the inter-city council, after appearing favorable
of the member of the Government responsible for the area of Public Administration.
3-The regulation referred to in the preceding paragraph is published in the Journal of the Republic , under penalty
of legal ineffectiveness.
4-The source entities of the workers in requalification transfer to the respective
intermunicipal entity the monies necessary for the payment of the remuneration of the
workers in the situation of requalification, as well as for severance compensation
of the bond by mutual agreement, provided for in the General Labor Law in Public Functions,
approved by Law No 35/2014 of June 20.
Article 14.
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Communication to the Directorate General of Local Authorities
The approval or amendment of the regulation referred to in Article 106 of Law No. 75/2013, of
September 12, amended by the Laws n. ºs 25/2015 of March 30 and [Reg. PL 134/2015], is
communicated to the Directorate General of Local Authorities, within 10 days, to the
respects publication in the Journal of the Republic .
Article 15.
Standard of adaptation
The intermunicipal entities approve or adapt the regulation referred to in Article 106.
of Law No. 75/2013 of September 12, amended by the Laws 25/2015 of March 30, and
[Reg. PL 134/2015], in accordance with the provisions of this Law, until December 31
of 2015.
Article 16.
Transient standard
The managing entity functions of the requalification system are assumed by the entities
intermunicipal on the date of the entry into force of the regulation referred to in Article 2 (2)
13.
Article 17.
Entry into force
This Law shall come into force on the day following that of its publication.
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Seen and approved in Council of Ministers of April 23, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs