Labour Law.01

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IMPRENSA NACIONAL E.P. - 2011


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GENERAL LABOUR LAW


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INDEX

Page

No.

Act No. 2/00.................................................................................................................15

CHAPTER I

General Principles........................................................................................................ 16

CHAPTER II

Constitution of the legal and employment relationship ..........................19

SECTION IContract of Employment..............................................................................................19

SECTION IISpecial modalities of Contract of Employment...........................................................26

SECTION IIIContract of Learning and Contract of Professional Apprenticeship.30

CHAPTER III

Content of the legal and employment relationship....................................................32

SECTION IPowers, Rights and Duties of the Parties.....................................................................32

SECTION IILabour Discipline.........................................................................................................38

SECTION IIIRegulations................................................................................................................ .44

CHAPTER IVModification of thelegal and employment relationship.................46

SECTION IChange ofEmployer............46

SECTION IITransfer for Different Functions or to a New Workstation.........................................47

SECTION III

Change of Center or Workplace...................................................49


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CHAPTER V

Conditions of Work Provision...................................................................51

SECTION ISafety and Occupational health..................................................... ..51

SECTION II

Occupational health services.................................................... .54

CHAPTER IV

Duration and Temporary Organization of work.................... ..55

SECTION INormal period of Work........ ..54

SECTION IINight work. .57

SECTION IIIOvertime.. 58

SECTION IVExemption of Working hour.. 60

SECTION VSpecial Regimes of Working hour.. 61

SECTION VIWorking hour..... 66

CHAPTER VII

Suspension of Work Provision... 67

SECTION IDaily spread-over and weekly rest period ...... .67

SECTION II

Public Holidays. .69

SECTION IIIVacations........................................ .70

SECTION IVLicense without Remuneration.. ...74

SECTION VAbsence from work..................................... ..75

CHAPTER VIIIRemuneration of work and Other Economic Rights of the Worker..... ..80

SECTION IGeneral principles..80


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SECTION IINational Minimum Wage............................................................................................. ..84

SECTION IIIClearance sale and Payment of the Wage.................................................................... .85

SECTION IV

Compensation and Discounts On the Wage................................................................ .87

SECTION VProtection of the Wage............................................................................................. ...89

SECTION VIEconomat.................................................................................................................... .90

SECTION VIIOther Economic Rights of the Workers....................................................................... ..92

CHAPTER IX

Suspension of the Legal and employment Relationship......................................... ...94

SECTION IGeneral dispositions................................................................................................... ..94

SECTION IISuspension of the Contract for a Fact Related to the Worker.............. .95

SECTION IIISuspension of the Contract for a Reason Related to the Employer........... .96

CHAPTER X

Extinction of the legal and employment relationship.......... 98

SECTION IGeneral dispositions. ..98

SECTION IICaducity of the Contract for Objective Causes. ...100

SECTION IIICeasing of the Contract by Agreement between the Parties.... 101

SECTION IVIndividual dismissal for Fair Cause... .102

SUBSECTION IGeneral principles .102

SUBSECTION IIDismissal for Discipline... .102

SUBSECTION IIIIndividual dismissal for Objective Causes......... .105


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SECTION VCollective Resignation.... ...109

SECTION VIRescission of the Contract by Workers Initiative... .113

SECTION VIIExoneration of the Nominated Worker... 105

SECTION VIIILiquidated Damages and Compensations. .117

CHAPTER XI

Applicable conditions to Specific Groups of Workers. ..119

SECTION IWoman Work 119

SUBSECTION I

Applicable Specific conditions for Woman... ...119SUBSECTION II

Maternity Protection.... 121

SECTION IIWork of Minors. ...124

SECTION IIIWorkers with Reduced Work Capacity . ..127

CHAPTER XII

Social and Cultural promotion of Workers... ...128

CHAPTER XIII

Guarantee of Emerging Rights of the legal and employment relationship.. .130

SECTION I

Prescription of Rights and Obsolescence of the Right of Action... 130

SECTION II

Prescription of Rights and Obsolescence of the Right of Action. ..131

SECTION III

Conciliation in the Individual Work Conflicts 132

CHAPTER XIV

Final provisions..... 138

ENCLOSED141

RECTIFICATION -

To the Law no. 2/00, of February 11, published on the Diary of the Republic

no. 6, 1st series, which approves the General Labour ....,... .145


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Decree no. 11/03 -

It establishes the regime of the fines for misdemeanor to the determination in the Law

no. 2/00, of February 11 General Labour Act and

Complementary legislation................................................................... .147

CHAPTER I

General dispositions,.. ...147

CHAPTER II

Misdemeanors and Respective Sanctions... ..148

SECTION I

Workers Fundamental rights ..148

SECTION II

Constitution of the Legal and Employment Relationship.... .148

SECTION III

Content of the Legal and Employment Relationship .. 150

SECTION IV

Modification of the Legal and Employment Relationship .. ...151

SECTION V

Conditions for Work Provision.......151

SECTION VI

Duration and Temporary Organization of Work.. ....152

SECTION VII

Suspension of Work Provision... ...153

SECTION IIIRemuneration for work ...154

SECTION IX

Extinction of the Legal and Employment Relationship. .155

SECTION X

Applicable conditions to Specific Groups of Workers.... ..157

CHAPTER IIIFinal and Transitory provisions . 158


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ACT NO. 2/00GENERAL LABOUR LAW


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NATIONAL ASSEMBLY

Act no. 2/00

of February 11

The General Labour Law of 1981, was covered of characteristics that fastened in a

historical context, socioeconomic and politic that today she show messed up, face to

the juridical-constitutional postulates in practice, being to highlight -

a) The role Intervener of the trade union organization in all the domains of the

development of the legal and employment relationship;

b) adoption of solutions juridical-work inadequate to the economic and socio-labour

reality;

c) the excessive inclination of background rectors law of legal principles and

employment regime, but inapplicable in the daily lives of the legal and employment

relationships due to regulation absence.

Considered that the present law seeks to overcome the pointed negative

characteristics with the objective of turning immediately applicable in the generality of

the cases;

Considered that the present law applies to the work rendered in the extent of the

public companies, mixed, public, cooperatives and of social organizations not

integrated in the Public administration;

In these terms, under subparagraph b) of article 88 of the Constitutional law, the

National Assembly approves the following -


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GENERAL LABOUR LAW

CHAPTER I

General principles

Article 1

(Application extent)

1. The General Labour Law is applied to all the workers rendering paid services

due to an employer, in the extent of the organization and under the authority and his

direction.

2. The General Labour Law is alsol applied -

a) to the apprentices and trainees put under the authority of an employer;

b) to the work rendered abroad by national or contracted resident foreigners in the

country to the service of national employers, without damage of the most favorable

dispositions for the worker and of the applicable public order dispositions in the

workplace.

3. The present law is applicable in a suppletive to the nonresident foreign

workers.

ARTICLE 2

(Exclusions of the application extent)

They are excluded of the extent of application of this law -

a) the public officers or workers exercising their professional activity in the Public

administration Central or local, in a public institute or any other organism of the state;

b) all the workers with permanent bond to the service of the diplomatic

representations or consular from another countries or of international organizations -

c) associated of the cooperatives or nongovernmental organizations, being respectivework regulated by the statutory dispositions, or in it absence, by the dispositions of the

mercantile law;

d) family work;

e) occasional work;

f) activity of people that intervene in trade operations, if personally forced to answer

for the result of operations, assuming the respective risk;

g) consultants and members of the administration organ or of direction of companies

or social organizations, since they just accomplish inherent tasks to such positions

without subordination bond titled by labor contract.


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ARTICLE 3

(Right to work)

1. all citizens are entitled to the freely chosen work, with equality of

opportunities and without any based discrimination based on race, color, sex, ethnicorigin, marital status, social condition, political or religious ideas, syndical filiations or

language.

2. the right to the work is inseparable of the duty of working, except for those who

suffer of capacity decrease, for reasons of age, disease or invalidity.

3. all citizens are entitled to the free choice and profession exercise, without

restrictions, except for the exceptions foreseen by law.

4. the conditions that the work is rendered should respect the freedoms and

the worker's dignity, allowing to normally satisfy his needs and that of his family, toprotect their health and to enjoy decent life conditions.

ARTICLE 4

(Prohibition of forced or compulsive labour)

1. forced or compulsive labour is prohibited.

2. it is not forced or compulsive labour -

a work or service rendered because of the military laws or civic service of general

interest;

b) prison work in penitentiary institutions;

c) the small communal works or of village, considered normal civic obligations, decided

freely by the community or since their members or direct representatives have been

consulted about the necessities of the same works;

d) work or service demanded in cases of larger force, namely war, floods, hunger,epidemics, invasion of animals, insects or harmful parasites and in general all of the

circumstances that put in danger or present the risk of putting in danger the normal

conditions of life of the group or a part of the population.

ARTICLE 5

(Government Obligations Related to the right to work)

1. to guarantee the right to work, it competes to the State, through plans and

programs of politics, economic and social, to assure the execution of a politics offomentation of the productive and freely chosen employment and the creation of

systems and of material attendance for those who are in the situation of involuntary


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unemployment and in impossibility situations of, with their work, obtain means for of

his satisfaction and the needs of his family.

2. in the execution of the politics of fomentation of job, the State develops, in

terms of own law, activity of -

a) placement;

b) job market research;

c) job promotion;

d) information and professional orientation;

a) professional training;

f) professional rehabilitation;

g) protection of the job market for the national citizen.

ARTICLE 6

(Rights Related to the right to the work)

1. besides the right to the work and the free exercise of the profession, they

constitute the workers' fundamental rights -

a) the trade union freedom and consequently right to the organization and the

exercise of the syndical activity;

b) the right of collective negotiation;

c) the right to strike;

d) the right to meeting and of participation in the activity of the company;

2. The rights foreseen in the previous number are exercised in accordance with the

constitutional dispositions and the laws that specifically regulate them.

ARTICLE 7

(Regulation sources of the right to work)

1. The conditions related to the provision of work are regulated by -

a) Constitutional law;b) international conventions of the work regularly ratified;

c) laws and their regulations;

d) conventions collective of the work;

a) employment contract;

f) local custom and usage, professionals and of company.

2. The application of the sources mentioned in the previous number follows the

principle of the hierarchy of the normative acts, but in case of conflict among the

dispositions of various sources, it prevails the solution that, in their group and ingeneral computation related to the


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quantifiable dispositions, to be more favorable to the worker, except if the dispositions

of superior level are imperative.

3. The customs and usage are only applicable in case of lack of rules of law or

conventional or by their remission.

CHAPTER II

Constitution of the Legal and employment Relationship

SECTION I

Contract of Employment

ARTICLE 8

(Constitution)

1. The legal and employment relationship is constituted with the celebration of

the contract of employment and it turns mutually demandable the rights and the

worker's duties and that of the employer who are part in the contract.

2. Exceptionally, in the cases foreseen in this law, the legal and employment

relationship is constituted by nomination.

ARTICLE 9

(Special character Relationships)

1. They are legal and employment relationship of special character the ones

respecting to the following work modalities -

a) domestic service;

b) prison work in penitentiary institutions;

c) professional sport activity;

d) artistic activity in public shows;

e) intervention in commercial transactions due to an or more companies, without

assumption of the risk for the operations result;

f) any other work that is declared by law as employment relationship of special

character.

2. The regulation of the relationships employment relationships of special

character respects the fundamental rights recognized in the Constitution and in the

laws and still the underlying principles to the General Labour Law.

ARTICLE 10(Subjects)


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They are subject of the contract of employment and of legal and employment the

employee and the employer.

ARTICLE 11

(Capacities)

1. The legal and employment relationship established with minors of 14 to 18

years old is valid, as long as it is authorized by the legal representative or in their lack,

by the Center of Job or suitable institution.

2. The contract of employment celebrated without the authorization foreseen

in the previous number is voidable at the request of the minor or respective

representative.

ARTICLE 12

(Object of the contract of employment)

1. The contract of employment grants the worker the right of occupying a

workstation, in accordance with the law and the collective work conventions and that

should be, inside the type of work to which he was contracted, the most appropriate

to his aptitudes and professional preparation.

2. The contract of employment obligates the worker to accomplish the

functions and inherent tasks to the workplace he was placed and to observe the labour

discipline and the other current duties of the legal and employment relationship.

3. contract of employment obligates the employer to attribute anoccupational category and a professional classification adapted to the functions and

inherent tasks to the workplace, to assure him effective occupation, to pay him a wage

according to his work and the legal and conventional applicable dispositions and to

create the necessary conditions for the obtaining of larger productivity and for the

worker's human and social promotion.

4. The activity to which he worker assumes an obligation by the contract of

employment can be predominantly intellectual or manual.

5. Without damage of the inherent technical autonomy to the activities

exercised usually as liberal profession, may the respective exercise, not having legaldisposition in opposite, to be contract of employment object.

6. When the activity of the employee implicates the practice of legal

transactions on behalf of the employer, the contract of employment involves the

concession of the necessary powers of attorney, except in those cases to which the law

demands procurement with special powers.

ARTICLE 13

(Forms of contract of employment)

1. The celebration of the contract of employment is not subject to writing

form, except in those cases in which the law expressly determines the contrary.


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2. The proof of the existence of the contract of employment and their

conditions can be made by all possible means admitted by law, being supposed their

existence among what renders services due to somebody else and what receives.

3. The worker is always entitled of demanding the reduction of the contract

the writing, owing this to contain, at least, the following mentions -

a) full name the habitual residence of the contracting parties;

b) professional classification and the worker's occupational category;

c) workplace;

d) weekly duration of the normal work;

e) amount, forms and period of wage payment, and mention of the accessory or

complementary salary installments and of the attributed in generic, with indication of

the respective values or calculation bases;

f) it dates at the beginning from the installment of the work;g) place and date of the celebration of the contract;

h) signature of the two contracting parties.

4. in the cases in that for law the reduction is demanded from the contract of

employment to written, it can the Minister that has their position the administration of

the work or the entity on whom this to delegate, to approve for respective models.

5. The contract of the work with foreign workers is obligatorily reduced to

written.

6. The lack of reduction of the contract the writing, presumes her of the

responsibility of the employer.

7. In all of the cases of contract of employment celebration whose conceited

duration is superior to three months, independently of the form adopted, it owes the

employer, to the moment of the celebration or during the experimental period, to

demand of the worker document doctor stating that he possesses the physical

requirements and of health adapted to the work or to submit him/it to medical

examination for the same effects

ARTICLE 14

(Duration of the contract of employment)

1. The contract of employment is celebrated in rule by uncertain time

integrating the worker in the picture of the permanent personnel of the company.

2. The contract of employment can be celebrated by certain time for execution

of a work or certain service and it is obligatorily reduced to written, including, for

besides the mentions the one that refers no. 3 of the article 13, they will indicate her

needs of their term or of the conditions the one that this is subject, as well as of the

decisive reasons of the recruiting for certain time.

3. In the lack in a written way or of the mentions demanded in the previous

number, the contract is considered for uncertain time, except for in the situations the

one that refers the n3 of the following article.


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4. safe expressed disposition in opposite, to the contracted workers for certain

time all are applied of the legal dispositions or you stipulate relative to the work

installment for uncertain time.

5. They are forbidden the contracts been celebrated for a lifetime of the

worker.

ARTICLE 15(Contract of employment for a determined time)

1. The contract of having worked per determined time can be celebrated only

in the following situations -

a) worker's substitution temporarily absentee;

b) increment temporary or exceptional of the normal activity of the company, resulting

from increment of tasks, excess of orders, market reasons or seasonal reasons;

c) accomplishment of occasional and punctual tasks that don't enter in the picture of

the average activity of the company.

d) I work seasonal;

e) when the activity to develop, for being limited temporarily, doesn't advise the

enlargement of the picture of the permanent personnel of the company;

f) execution of necessary urgent works to avoid accidents, to repair material

deficiencies or to organize safeguard's of the facilities measures or of the equipments

and other goods of the form company to impede risks for this and for their workers;

g) release of new activities of uncertain duration, start of work, restructuring or

enlargement of the activities of a company or work center;h) I use of having decreased physical, senior, candidates to first job and unemployed

have more than one year or elements from another social groups included by legal

measures of insert or reinsert in the active life;

i) execution of very certain tasks, periodic in the activity of the company, but

discontinuous character;

j) execution, direction and building site fiscalization and public works, assemblies and

industrial repairing and other works of identical nature and temporality;

k) learning and practical professional formation.

2. the contract of employment for certain time can be celebrated certain ontime, that is, with fixation needs the date of their conclusion or of the period why is

celebrated it or in the case of the subparagraphs a), c), d), a), f), i) and j) of the

previous number, to uncertain term, that is,

being their term conditioned to the needlessness of the provision of the work by

ceasing of the reasons that justified the recruiting for certain time.

3. In spite of the determination in no.3 of the previous article, the reduction of

the contract is spared the writing in the situations the one that refer the

subparagraphs c), d), a) and f) of no.1.

4. It is null the term stipulation, certain or uncertain, done in fraud to the law.


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ARTICLE 16

(Duration of the contract for certain time)

1. The contract of employment for certain time can exceed -

a) Six months, in the situations the one that refers the subparagraphs d) and f) of no. 1

of the previous article;

b) 12 months, in the situations referred in the subparagraphs b), c) and a) of the samearticle;

c) 36 months, in the situations referred in the subparagraphs a), g), h), J) and k) of the

same article;

2. in the situations the one that refers the subparagraphs a), h) and j) of no. 1

of the previous article, it can General Inspection of the Work to authorize the

prolongation of the duration of the contract for besides 36 months, by based

application of the employer, accompanied of declaration of the worker's agreement,

namely if -

a) the worker's return temporarily absentee doesn't have room inside of that period;

b) the duration of the building site works and compared activities goes or to become

superior to three years;

c) the legal measures of employment policy of the social groups the one that refers the

subparagraph h) of the previous article they are still in application to the date of term

of the 36 months of the contract.

3. The application the one that refers to the previous number should be

presented up to 30 days before the term of the contract.

4. The prolongation of the duration of the contract, the one that refers no. 2, it

cannot be authorized for more than 24 months.

ARTICLE 17

(Renewal of contract for certain term )

1. Being the right forward contract been celebrated by inferior period to the

established limits in no. 1 of the previous article, successive renewals can be

accomplished to the limits above referred.

2. the renewal of the contract for duration period same to the initiallyestablished it is verified whenever, until two weeks before their term, the employer

doesn't inform the worker of the caducity in writing and this doesn't intend its

prevalence.

3. The renewal for contract for period different from the initial, it can only be

done in writing signed by the two parts.

ARTICLE 18

(Conversion of the contract)

1. The continuation of the worker to the service after the continuation of the

applicable maximum period in the terms of the subparagraphs a) and b) of no. 1 of the

article 16., in the case of the forward contracts certain or their permanence to the


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service elapsed 15 days on the conclusion of the works or the return of the substituted

without to the worker notice it was given, in the case of the uncertain forward

contracts, it converts the contract for certain time in contract for uncertain time.

2. the warning foresaw due to the contracted worker to we have uncertain it is

of 15, 30 or 60 following days, as the execution of the contract has lasted to one year,

of one to three years or more than three years.

3. The lack of execution of the notice of the uncertain forward contract, in the

whole or partly, it constituted the employer in the obligation of paying to the worker a

compensation made calculations in we have him/it of the article 257.

4. Happening the conversion the one that refers to no.1, the antiquity of the

work is counted starting from the beginning of the contract by certain time.

ARTICLE 19(Probation period)

1. In the contract of employment for uncertain time there is an experimental

period corresponding to the first 60 days of work provision, being able to the parts, for

written agreement, to reduce or to suppress it.

2. The parties can increase the duration of the experimental period, in writing

up to four months, in the highly qualified workers' case that effects complex works and

of difficult evaluation and to six harvests in the workers' case that effects works high

technical complexity or that you/they have administration functions and direction, for

whose exercise the formation academic of the superior level is demanded.

3. In the duration contract of employment determined there is only

experimental period if it be established in writing, not exceeding their duration of 15

days or 30 days, as it is unqualified workers.

4. The probation period is destined to the appreciation of the quality of the

worker's services and of their income, on the part of the employer and on the part of

the worker, to the appreciation of the work conditions, of life, of remuneration, of

hygiene and safety and of the social atmosphere of the company.

5. During the probation period any of the parts can make to interrupt thecontract of employment, without notice obligation, compensation or justification

presentation.

6. Elapsed the probation period without any of the parts to do the use of the

determination in the previous number, the contract of employment consolidates,

being counted the antiquity since the beginning of the provision of the work.

ARTICLE 20

(Nullity of the contract of employment and of the contractual terms)

1. It is null and of any fact the contract been celebrated in an of the following

situations -


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a) to be their object or end contrary to the law, to the public order or offensive the

law, the public order or offensive of the good habits;

b) to treat of activities for whose exercise the law demands the title professionals'

ownership and the worker doesn't go holder of the same title;

c) to be the contract legally subject the visa or previous authorization to the beginning

of the provision of the work and the same have not been obtained.

2. they are null the terms or stipulations of the contract that -a) they contradict imperative rules of law;

b) they contain discriminations to the worker in reasons of the age, job, professional

career, wages, duration and other work conditions, for race circumstance, color, sex,

citizenship, ethnic origin, marital status social condition, ideas nuns or political,

syndical filiation, blood tie with other workers of the company and language.

3. in the case of the nullity of the contract to result of the referred situation of

the subparagraph c) of no. 1 of this article, the employer is constituted in the

compensation obligation the worker in we have established him/it in the article 265

ARTICLE 21

(Effects of the nullity)

1. The nullity of terms no afecta the validity of this, except for if the part drug

addict not to be supplied and you/he/she is not possible without her to accomplish the

ends that the contracting parties if they propose when celebrating him/it.

2. The null terms are substituted by the applicable dispositions of the superior

sources referred in no. 1 of the art. 7.

3. The terms that settle down conditions or special remunerative provisions as

compensation of established provisions in the null part, stay suppressed, in the whole

or partly, in the sentence that declares the nullity.

4. The null contract or annulled produces effects produces effects as if it was

valid while if it maintains in execution.

5. The nullity can be to declare for the tribunal at every time, officially or at the

request of the parts or of General Inspection of Work.

6. the nullity can be invoked by the part in favor of who the law she establishes,

inside of the period of six counted months of the celebration of the contract.7. Interrupting the cause of the nullity during the execution of the contract, this

is authenticated since the beginning. But if I negotiate is null, the authentication only

produces effects from to the ceasing of the cause of the nullity.

SECTION II

(Special modalities of Contract of employment)

ARTICLE 22

(Special contract of employments)

1. They are special contract of employments -


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a) the group contract;

b) the turn-key construction agreement or task;

c) the learning contract and the apprenticeship contract;

d) the contract of employment on board of embarkations of I trade and of fishing;

a) the contract of employment on board of aircrafts;f) the contract of employment in the home;

g) the civil workers' contract of employment in military industrial establishments;

h) the rural contract of employment;

i) foreigner's contract of employment no residents;

j) the temporary contract of employment;

k) other contracts as such declared by law.

2. To the special contract of employments the dispositions common of this law

are applied, with the exceptions and established specialties in the following goods andin specific legislation.

ARTICLE 23

(Group Contract)

1. If an employer celebrates a contract with a group of workers, considered in

their totality, it doesn't assume the employer quality in relation to each one of their

members, but just in relation to the boss of the group.

2. The boss of the group assumes the representation of the members of this inthe relationships with the company, answering for the inherent obligations to

mentioned her representation and the employer quality in relation to the members of

the group

3. The company is responsible solemnly for the length of the duties of content

economic that the boss of the group has to the members of this.

4. if the worker, authorized in writing or according to the custom and usage, to

associate an auxiliary or assistant to the accomplishment of their work, the employer

of the first be-scan- also of the second.

ARTICLE 24

(Task contract)

1. the contractor or the proprietor answers solemnly with the worker for the

values of wages and compensations that the contracted workers for this they are

accrediting, tends this responsibility as limit the salary values and of compensation

that the contractor proprietor either practices in relation to their workers of identical

professional classification or in case it doesn't possess them, the obligatory minimum

values.


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2. in equal solidarity situation he/she answers for the debts of contributions

that the worker contracts to the Social security, being exempt of this responsibility if,

to the beginning of the task, he/she has obtained of the Social security certificate that

the worker is enrolled as taxpayer and it is not indebted or if, requested the certificate,

in advance low of 15 days, this it is not him/her last to the beginning of the task.

3. the contractor's responsibility or proprietor for the it divides from the workerto the workers has as the limit the value of the credits that you/they are claimed to the

fifth subsequent day to the of the conclusion of the works for the workers, after having

corrected in the terms of no. 2 of this article if, until 7 days before that date, he/she

has made to stick at the places where the works are executed or supplied services,

"warning" inviting the workers to present her the respective credits and noticing them

that their responsibility doesn't include the credits no complained.

4. the proprietor is not responsible solemnly for the workers' credits in relation to the

worker, when the contracted activity respects inclusively to the construction or

repairing that a head of the family orders to execute for or in the residence of thefamily or when the proprietor of the work, establishment or you/he/she elaborates

doesn't exercise identical activity or similar to the one of the worker.

ARTICLE 25

(Learning contract and of apprenticeship)

1. The learning contracts and of I work as a trainee should be been celebrated

in writing, with subjection to the established rules in the art. 33. at 37. o'clock andthey should be submitted to visa of General inspection of the Work.

2. To the learning contracts and of apprenticeship it is applied, especially, the

dispositions of the section III of this chapter and the general dispositions on minors'

works, if the apprentice or trainee has less than 18 years.

3. The regime of the defined contracts in this article is not applied, except for

expressed redemption of the respective juridical regimes to the learning situations and

of professional formation promoted by the competent official services in the terms of

no. 2 of article 5.

ARTICLE 26

(Contract of employment on board of embarkations)

1. the contract of employment on board should be been celebrated in writing

and written in clear terms, in way to not to leave any doubt to the contracting parties

about their rights and mutual obligations and the recruiting should be indicated is

concluded by time uncertain or certain, or for only one trip.

2. Se the contract is celebrated by only one trip, it should indicate the foreseenduration of the trip and to identify, in a necessary way, the port where the trip finishes

and the moment of the commercial transactions and marine the effect in the destiny

port in that the trip is considered concluded.


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3. The reduction is spared to written of the contract of the work on board of

fishing embarkation whenever the duration of the exit to the sea is foreseen for up to

21 days.

4. The contract of employment on board should indicate the service and

functions so that the sailor or fisherman is negotiated, the amount of the wage andaccessory remuneration or the calculation bases of the wage to the income, even if is

fastened by calculation of the wage to the income or that it is fastened by participation

in the result of the trip and it is sought by the capital of the competent port that can

refuse the visa when the contract contains terms contrary to the public order or to the

law.

5. The place and the date of the sailor's embarkations should be logged in the

list of the equipage.

6. the special conditions of recruiting for the work on board are established for

executive ordinance of the Minister that has to their position the Administration of theWork and of the Minister of the Transports or of the Minister of the Fis+hings, as the

case, with respect for the work international conventions rectified and for the

Regulation of Marine Registration and they should treat to following matters -

a) regulation of the work the on board including the organization of work;

b) the trapper's obligations in what respect him/it namely to the places and time of the

clearance sale and in the payment of the wages and accessory remunerations and way

of joy of the rests;

c) warranties and privileges of the sailors' credits;d) feeding conditions and lodging;

a) attendance and due compensations in case of accidents or diseases assisted on

board;

f) eventual conditions of repatriation in the cases in that the trip finishes in foreign

port or in port different from the one of departure;

7. The special conditions of recruiting should be put by the trapper to the

sailors' disposition, they should be explained by the marine authority in the moment of

the sailor's first registration in the equipage list and they should be stuck at the

equipage places.

ARTICLE 27

(Contract of work on board of aircrafts)

1. The contract of employment on board of aircraft of the commercial aviation

is regulated by the dispositions of this law in the aspects no subjects to the applicable

international standards to the civil aviation and no expressly foreseen in united

executive ordinance of the Ministers of protection of the work, of the Transports andof the Communications.


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ARTICLE 28

(Contract of employment in the home)

1. The contract been celebrated in writing with application of the

determination in no. 6 of the article 13. is sought by General Inspection of the work

that is with a copy in order to supervise the necessary hygiene rules and safety in the

work.

2. The wage fastened through income tariff that should respect the

determination in the no. 5 article 164.

3. it is compared to the contract of employment in the home that in that the worker

buys the raw materials and it supplies the finished products to the salesperson of

those, for certain price, whenever the worker should be considered in the buyer's of

the finished product dependence economic.

4. Every employer that occupies workers in the home should put the disposition

of these a document of control of the labour activity that accomplish, with indication

of the worker's name, nature of the work to accomplish, amounts of raw materials

given, awake tariffs for the determination of the wage, and reception of the produced

goods and you date from delivery and of reception.

ARTICLE 29

(Contract of employment in military establishments)

The contract of employment been celebrated by civil workers in militaryestablishments is subject to this law, without damage of what establish the military

laws and the regime to discipline applicable in those establishments.

ARTICLE 30

(Rural contract of employment)

1. the contract of the rural work for certain time doesn't lack of being reduced

to written, being the situations in that it is lawful their celebration regulated according

to the uses of the area, except for in the cases in that the worker is moved, for havingtheir habitual residence in several area of that where he locates the work center.

2. the duration of the rural work cannot exceed the 44 weekly hours, made

calculations in medium terms in relation to the duration of the contract, if inferior to

one year or in annual medium terms, in otherwise. In function of the needs of the

cultures, activities and conditions climacterics, the period of normal work can be

variable, since it doesn't exceed the 10 hours daily rates and the 54 weekly hours.

3. The working hour is subject, with the necessary adaptations, to the

determination in the no. 2 of the article 117.

4. The annual vacations are funny in date to fasten for agreement, but always

inside of the periods in that the working hour, inside of the referred variability of the

no. 2 of this article it doesn't exceed 44 weekly hours.


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5. at the request of the worker, the wage it can be pay, to the limit of 50% of

their value, in produced goods or nutritious type of first need, with application of the

determination in the goods 173. and 176.

6. The regime of the rural contract of employment can be enlarged by

ordinance to regulate the workers of other activity, narrowly linked to the agriculture,

forestry and livestock, or the fishing, since the exercise of such activities is dependent

of the climatic conditions or be of seasonal nature.

ARTICLE 31

(Contract of employment of non-resident Foreigners)

The foreigners' contract of employment no residents are regulated by this law, in

the aspects no meditated by special law or in bilateral agreements.

ARTICLE 32.

(Temporary contract of employment)

1. it is celebrated temporary contract of employment him among an employer whose

activity consists of the temporary cedncia of the workers' use to third, designated

seasonal job company and a worker, for which this he/she assumes an obligation, by

retribution he/she pays for theiremployer, to render theirprofessional activity

temporarily to a third party, designated by utilizador.

2. the activity of worker's temporary cadence can only be exercised for who stops

previous authorization of the Minister that has theirposition the Administration of the

Work to grant in the terms to regulate.

SECTION III

(Contract of Learning and the contract Professional Apprenticeship)

ARTICLE 33.

(Content)

1. the learning Contract and the contract apprenticeship, defined in the article 25.,

they should contain, especially -

a) name, age, home and activity of the employer, or social denomination being treated

of person collective;

b) name, age, home and the apprentice's qualifications school or technical or trainee

and the name and home of the responsible for the smallest, being taken care of

apprentice;

c) the profession so that it is made learning or apprenticeship;

d) the conditions of remunerations and in the case of the apprentices, of feeding and

lodging, if it is to live with the employer;


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a) the date and duration of the contract and the place where the learning or

apprenticeship is accomplished;

f) the authorization of the responsible for the smallest.

2. copies of the learning contract or of the apprenticeship contract they are sent, in the

five following days to the celebration, to General Inspection of the work and the

Center of Job.

ARTICLE 34.

(Restrictions)

1. the and individual employer and the artisan can only receive apprentices if they

have more than 25 years of age.

2. the employer or single artisan, widower, divorced or separate it cannot receive

smaller apprentices of the opposite sex, with lodging.

ARTICLE 35

(Right and special duties)

1. to the apprentice and the trainee works and strange services should not be

demanded to the profession so that the learning is supplied, nor services that demand

great physical effort or that in some way are susceptible of harming their health and

physical and mental development.

2. the employer should treat the apprentice or trainee as head of the family and to

assure him/her the best learning conditions and, if it is the case, of feeding and

lodging.

3. if the apprentice has not concluded the obligatory education or if she finds enrolled

in a course technician-professional or professional, the employer should allow him/her

the time and necessary means for the frequency of the respective courses.

4. the employer should teach in a progressive and complete way the profession that

constitutes contract object and in the end of this should give a declaration certifying

the conclusion of the learning or apprenticeship and mentioned if the apprentice or

trainee meets capable for the exercise of the profession.

5. the apprentice or the trainee owes obedience and respect to the employer and he

should dedicate all their capacity to the learning.

6. the employer can dispose and to market the goods produced by the apprentice ortrainee during the learning.


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7. in the relationships of the employer with the apprentice or trainee are applicable, in

everything that is not incompatible with the previous numbers, the dispositions of the

goods 43., 45. and 46.

8. declaration copy the one that refers no. 4 is sent to the Center of Job, inside of the 5

following days to their delivery.

ARTICLE 36.

(Remunerations)

1. the apprentice's remuneration has as minimum limit 30%, 50% and 75% of the due

remuneration to the worker of the respective profession, respectively the 1., 2. and

3. years of learning.

2. the trainee's minimum remuneration is, in the same situations of 60%, 75% and

90%.

ARTICLE 37.

(Ceasing of the contract)

1. the learning contract or of I work as a trainee can cease freely for initiative of any of

the parts, during the first six months of their duration and freely for the trainee's

initiative or apprentice, after having elapsed that period.

2. elapsed the first six months of I work as a trainee or learning, the employer can only

make in writing to interrupt the contract before their term in case of serious infraction

to the established duties in no. 5 of the article 35. communicating him/it to the

apprentice or trainee, to General Inspection of the Work and the Center of Job.

3. in the apprentice's case or the trainee to come to be dismissed in the picture of

personnel of the employer as soon as concluded the learning or apprenticeship, the

time of the respective duration is counted for antiquity effects.

CHAPTER III

Content of the Relationship Legal and employment

SECTION I

Powers, rights and duties of the Parts


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ARTICLE 38.

(Powers of the employer)

1. they are powers of the employer -

a) to drive the activity of the company and to organize the use of the production

factors including the human resources, for form to accomplish the objectivos of the

company, to take advantage with efficiency the installed working power, to assure the

progressive increase of the production and of the productivity, the development

economic of the company and development economic and social of the country;

b) to organize the work in agreement with the level of reached development, for form

to obtain high levels of effectiveness and income of the working power of the companyand of use of the technical and professional qualifications and of the workers'

aptitudes, tends in bill the characteristics of the technological process;

c) to define and to attribute the tasks to the you work, in agreement with their

qualification, aptitude and it experiences professional and with execution of the rules

of law;

d) to elaborate internal regulations and other instructions and necessary norms to the

organization and discipline of the work;

a) to do to vary the work conditions and the workers' tasks, for technical reasons,

organizing or productive;

f) to assure the discipline in the work;

g) to exercise could discipline on the workers.

2. the powers of the employer directly are exercised by him, for the direction and for

the responsible of the several sectors of the company, inside of the competence

delegation the one that that proceeds.

ARTICLE 39.

(Organization of work)

The organization of work power includes the right of establishing the period of

operation of several sectors of the company and of establishing the workers' working


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hours, to allow the execution of the objectives of the company and to satisfy the

technological needs, inside of the established conditions for law.

ARTICLE 40.

(Internal regulation)

The internal regulation and other intrusions obey the established norms in the Section

III of this chapter.

ARTICLE 41.

(Alteration of the work conditions)

1. the alteration of the work conditions and of the workers' tasks it respects the

following principles -

a) incidence about duration of the work, schedule of the work, remuneration system,

the workers' tasks and workplace;

b) subjection to the limits and established rules in this law.

2. alteration of the workers' tasks and of the workplace they are regulated

respectively by the goods 76. at 84. o'clock

3. of the alteration of tasks, place and of more work conditions, it cannot result a

permanent and substantial alteration of the situation legal and employment of the

worker, except for in the sense of their professional evolution or in the cases and

conditions expressly regulated.

ARTICLE 42.

(It disciplines of the work)

1. in what it respects to the discipline of the work can the employer, especially -

a) adopt the measures considered necessary of surveillance and I control to verify the

length of the obligations and duties work, assuring in their adoption and application

the consideration owed the workers' dignity and tends in attention the capacity

effective of work of the decreased physical;

b) to verify, if intending, the state of disease and of accident or other reasons

presented for the justification of the absences of the service.


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2. the discipline in the work respects to the depositions of the section II of this chapter.

ARTICLE 43.

(Duties of the employer)

They are duties of the employer -

a) to treat and to respect the worker as their collaborator and to contribute for the

elevation of their cultural material level and for their human and social promotion;

b) to contribute for the increase of the productivity level, providing good work

conditions and organizing him/it in a rational way;

c) to pay to the worker on time the fair and appropriate wage to the accomplished

work, practicing salary regimes that you/they assist to the complexity of the

workplace, to the level of the qualification, knowledge and the worker's capacity, to

the form as he/she interferes in the organization of work and to the results in the

developed work;

d) to favor good work relationships inside of the company, to assist insofar as possibleto the interests and the workers' preferences when of the organization of work and to

contribute for creation and maintenance of conditions of social peace;

a) to collect and to consider them criticizes, suggestions and proposed of the relative

workers to the organization of work and to maintain him/it informed of the decisions

taken in all of the subjects that directly respects them or that can result alterations in

the conditions of provision of the work;

f) to provide to the workers formation means and professional improvement, namely

elaborating formation plans and professional and adapting the necessary measures to

their execution;

g) to take to measured appropriate of hygiene and safety in the work, to accomplish

strictly and to veil for the length of the rules of law and of the directive of the

competent entities on hygiene and safety and on medicine in the work and to instruct

the workers constantly on the execution of the norms and hygiene rules and safety in

the work;

h) to assure the consultation of the organs of the workers' representation in all of thematters in that the law establishes the obligation of they be informed and ears and to

facilitate, in the legal terms, the exercises of syndical functions and of the workers'

representation;


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i) not to be celebrated nor to adhere to agreements with other employers in the sense

of reciprocally limit the workers' admission that you/they have rendered services to

them and not to negotiate, under civil liability form, workers still belonging to the

picture of personal of another employer, when of that recruiting it can result unfair

competition;

j) to accomplish all the other legal obligations related with the organization andaccomplishment of the provision of the work.

ARTICLE 44.

(Formation and professional improvement)

1. the professional formation is destined from a systematic way to give to the workerstheoretical general formation and practice with view to the obtaining of a qualification,

training for the exercise of the inherent functions to the workplace or the of other

production sectors and services and to the elevation of their professional technical

level.

2. the improvement practical professional or professional formation is destined to

allow the permanent adaptation of the workers to the changes of the techniques and

of the work conditions and to favor the professional qualification.

ARTICLE 45.

(The worker's rights)

1. besides the fundamental rights foreseen in the article 6. and others established in

this law, in the conventions work collectives and in the individual contract of work, to

the worker they are insured the following rights;

a) to be treated with consideration and with respect for their integrity and dignity;

b) to have occupation effective and conditions for the increase of the productivity of

labor;

c) to be him/her guaranteed stability of the job and of the work and to exerciseappropriate functions inside to their aptitudes and professional preparation of the

gnero of the work so that it was contracted;


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d) to enjoy effectively the rests daily, weekly and annual guaranteed for law and not to

render extraordinary work out of the conditions in that the law turns legitimates the

demand of their provision;

a) to receive a fair and appropriate wage to the if I work, to be I paid regularly and

punctuality, not could be reduced, except for in the exceptional cases foreseen by law;

f) to be included in the execution of the plans of professional formation, for the

professional's improvement;

g) to have good hygiene conditions and safety in the work, the physical integrity and to

be protected in the case of occupational accident and occupational diseases;

h) not to accomplish, during the normal period of work, meetings of supporting nature

in the work center;

i) to exercise the complaint right and resource individually in what respects to the work

conditions and the violation of their rights;

j) to be included to acquire the goods or to use services supplied by the employer or

per person for this indicated.

ARTICLE 46.

(The worker's duties)

They are the worker's duties -

a) to render the work with diligence and devotion in the form, time and established

place, taking advantage the time of work and working power fully and contributing to

the improvement of the productivity;

b) to accomplish and to execute the orders and instructions of the responsible, relative

to the execution, it disciplines and safety in the work, except for if contrary to their

guaranteed rights for law;

c) to attend the work with regular attendance and punctuality and to inform the

employer in case of presence impossibility justifying the reasons of absence whenever

requested;

d) to respect and to treat with respect and loyalty the employer, the responsible, the

work companions and the people that you/they are or enter in contact with the

company and to render aid in case of accident or danger in the workplace;

a) to use in an appropriate way the instruments and materials supplied by the

employer for the accomplishment of the work, including the equipments of individual

protection and collective and to protect the goods of the company and the results of

the production against damages, distributions, losses and deviations;


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f) to accomplish the rules and instructions of safety and occupational health strictly

and of prevention of fires and to contribute to avoid risks that can put in danger their

safety, of the companions, of third and of the employer, the facilities and materials of

the company.

g) to keep professional secrecy, not publishing information on the organization,

methods and production techniques, businesses of the employer and to keep loyalty,

not negotiating or working independently or for bill it alienates in competition with thecompany;

h) to accomplish the other obligations imposed by law or convention work collective or

established by the employer inside of their direction powers and of organization.

ARTICLE 47.

(Restrictions to the work freedom)

1. it is lawful the clause of the contract of employment for the which the worker's

activity is limited by a period of time that cannot be superior to three years to count of

the ceasing of the work in the cases in that you/they happen the following conditions

together -

a) to consist such clause of the contract of the written work or of additional to the

same;

b) to treat of activity whose exercise can cause damage effective to the employer and

to be characterized as unfair competition;

c) to be attributed to the worker a wage, during the period of limitation of the activity,

whose value will consist of the contract or additional, in whose fixation will be assisted

to the facto of the employer to have accomplished significant expenses with the

worker's professional form.

2. the limitation of the activity the one that of he/she refers previous no. is only valid

inside of a counted of the place ray of 100 km where is the work center in that the

worker exercised their activity.

3. it is also lawful, since reduced to written, the clause for the which a workerformation beneficiary or improvement high professional level, with the costs

supported by the employer, he/she assumes an obligation to stay to the service of the

same employer during a certain period to count of the term of the formation or

improvement, since this period doesn't pass the three years.

4. in the case of the previous number, the worker can be exempted from the

permanence to the service, returning the employer the value of the done expenses, in

proportion of the time that still lacks for the term of the awake period.

5. the employer that admits a worker inside of the period of limitation of the activity or

of permanence in the company, it is responsible solemnly for the damages caused bythat or for the importance for him no returned.

SECTION II


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Discipline Laboral

ARTICLE 48.

(To discipline)

1. the employer has power to discipline on the workers to their service and it

exercises him/it in relation to the infracctions discipline for these committed

2. could discipline directly is exercised by the employer or for the responsible of thecompany, by delegation of expressed competence.

Article 49.

(Disciplinary measures)

1. for the infraces you discipline practiced by the workers, it can the employer to

apply the following disciplinary measures -

a) simple admonishment;

b) admonishment registered;

c) temporary demotion of category, with decrease of the wage;

d) temporary transfer of the work center, with demotion and wage decrease;

a) immediate dismissal

2. the temporary demotion of category with wage decrease can be fastened between

15 days and 3 months.

3. the temporary transfer of work center with low category and decrease of the wage

can, according to the gravity of the infraction, to be graduate between an and three

months or among three six months.

4. not being possible in the company or work center and because of the organization

of work the application of the measure of the subparagraph c) of no. 1, it can the

employer to substitute her/it for the measure of reduction of 20% in the wage, for the

time of the duration fastened for the measure, not being, however, possible the

processing of inferior wage to the legal minimum in energy for the respectiveprofessional category.

5. not being possible the transfer of work center, the measure of the subparagraph d)

of no. 1 it is substituted by demotion with wage decrease, in the same work center,

with elevation of the limits to the double of those foreseen of no. 3.

6. if simultaneously with the inexistence another workplace the worker can be where

transferred disciplinarmente to happen the situation foreseen in no. 4 of this article

the disciplinary measure, with the established limits in the previous number, it can besubstituted by reduction of 20% in the wage during the period in that it is fastened,

with respect for the warranty consecrated in the final part of same no. 4.


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7. the values of the wage no pagos to the worker because of the reduction the one

that refers no. 4 and 6 of this article are deposited by the employer in the bill of the

Social security, with the mention "Disciplinary measures" and the worker's name,

should also happen on those values the worker's contributions and of the employer for

the Social security.

ARTICLE 50.

(Procedure to discipline)

1. the application of any disciplinary measure, except for the simple admonishment

and admonishment registered, is null if it be preceded of the worker's previous

audience, according to the established procedure in the numbers and following goods.

2. when the employer considers to apply a new disciplinary measure, it should

summon the worker for an interview, including in the convocation -

a) the detailed description of the factors that the worker is accused;

b) the day, hour and interview place, that should have room before having elapsed 10

working days on the date of delivery of the letter;

c) the information that the worker can be made to accompany, in the interview, for a

person of their trust, belonging or not to the picture of the personnel of the company

or to the investigated in that it is adopted.

3. the convocation can be given to the worker against receipt in the copy, in the

presence of two witness or with sending for mail registered.

Article 51.

(Glimpsed)

1. in elapsing of the interview, in that the employer can be made to attend for a

belonging person

to the company or the organization patronal in that one find enrolled, the employer ortheir representative exposes the reasons of the disciplinary measure to apply and she

hears the explanations and justifications presented by the worker, as well as the

arguments presented by the person that attends him/it

2. the interview should be reduced to written.

3. if the worker lacks to the interview but the person for him chosen to attend, in

function of the justification for this presented, it can the interview to be postponed

inside of 5 working days, being the worker notified in theirrepresentative's person.

4. if it doesn't attend nor the worker nor theirrepresentative and that not to justify the

absence within three following days, it can the employer, I finish this period, to decidethe disciplinary measure immediately to apply.

ARTICLE 52.

(Application of the disciplinary measure)


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1. the disciplinary measure cannot be resolved validamente before having elapsed

three working days or after having elapsed 30 days on the date in that glimpsed q if it

accomplishes.

2. the applied measure communicated to the worker in writing in the 5 following days

to the decision for any of the means referred in no. 3 of the art. 50. , owing the

communication to mention the factos imputed to the worker and consequences ofthose factos, the result of the interview and to punishment final decision.

3. being the worker union representative or member of the organ of the workers'

representation, it is sent, in the same period, copy of the communication made to the

worker, to the union or the representation organ.

ARTICLE53.

(Graduation of the disciplinary measure)

1. in the determination of the disciplinary measure they should be considered and

considered all of the circumstances in that the infraco was committed, being

assisted theirgravity and consequences, to the degree of the worker's fault, to their

antecedents discipline and the all of the circumstances that worsen or lessen

theirresponsibility.

2. it cannot be applied more than a disciplinary measure by a same infraco or for the

infraces group committed to the decision.

3. the dismissal disciplinary measure can only be applied in the terms and with the

foundations foreseen in the goods 225. and following.

ARTICLE 54.

(Previous consideration to the disciplinary measure)

The period referred in the no. 1 of the article 52. of the present law is destined to a

reflection of the employer or theirrepresentative on the factos that it considers

constitute infraco to discipline and on the interrogated worker's defense, presented

in the terms of the no. 1 of the article 51. , for, to frame correctamente the factos, thedefense, the antecedents discipline and the circumstances that surrounded the factos

and that you/they are atendveis in the determination of the disciplinary measure.

ARTICLE 55.

(The worker's preventive suspension)

1. with the convocation for the interview, it can the employer to suspend

preventivamente the worker, if theirpresence in the workplace if it shows

inconvenience, without damage of the punctual payment of the wage.

2. if the worker goes union representative or member of the organ of the workers'

representation, the suspension is communicated to the organ the one that belongs


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and he cannot have as consequence to impede the access of the worker to the places

and activitys that are understood in the normal exercise of the representation

functions.

ARTICLE 56.

(Execution of the disciplinary measure)

1. the applied disciplinary measure for the employer begins to be executed starting

from theircommunication to the worker, unless the immediate execution presents

serious inconveniences for the organization of work, case in that the execution can be

postponed for no more than two months.

2. the determination in the final part of the previous number is not applicable to the

disciplinary measure of the dismissal that should be executed immediately.

ARTICLE 57.

(Registo and publicity of the disciplinary measures)

1. with the excepo of the simple admonishment, the applied disciplinary measures

are always registadas in the worker's individual process, being assisted in the

determination of the antecedents discipline all the ones that have been applied there

is less than 5 years.

2. with the same excepo, the disciplinary measures can be publication object inside

of the company or work center.

ARTICLE 58.

(Complaint right and of resource)

1. of the disciplinary measure it can the worker to appeal, to understand each other

that he/she didn't practice the factos that it is accused, when the applied measure is

excessive for the practiced factos or for the guilt degree, or that the disciplinary

measure is null or abusive.2. to the resource the determination is applied in the subparagraph c) of n.os 1 and 2

of the article 63. and in the goods 307. and following.

ARTICLE 59.

(Abusive exercise of could discipline)

1. they are considered abusive the applied disciplinary measures for a worker's facto -

a) to have complained legitimately, in the use of the right that he/she refers him/herthe subparagraph h) of the article 45. , against the work conditions and violation of

their rights;


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b) to refuse to accomplish orders the one that doesn't owe obedience, in the terms of

the subparagraph b) of the article 46. ;

c) to exercise or to be candidate to the exercise of functions of syndical representation

or in the organ of the workers' representation or other functions of these resultants;

d) to exercise, to have exercised or to intend to exercise other rights recognized by

law.

1. until the proof to the opposite, they are presumed abusive the dismissal or theapplication of any other disciplinary measure, when he/she has room up to six months

after any of the factos referred in the subparagraphs a), b) and d) of previous no., or

up to two years after the term of the functions the one that refers the subparagraph

c), or after the candidacy the those functions, when it doesn't come them to exercise,

if to the date of the same factos the worker already maintained relationship legal and

employment with the employer.

3. it competes to the employer to refute the established presumption in the previous

number.

ARTICLE 60.

(Consequences of the abusive exercise of could discipline)

1. in the situations the one that refers the subparagraphs a), b) and d) of no. 1 of the

previous article, if the presumption of the applied disciplinary measure be not refuted

to be abusive, the employer is condemned -

a) if the disciplinary measure goes the one of the subparagraph c) of no. 1 of the article

49. , in indemnizao corresponding to five times the value of the wage that the

worker stopped receiving to the terms of n.os 2, 3 and 4 of the same article;

b) if the disciplinary measure is the subparagraph d) of the same disposition, in

indemnizao in indemnizao made calculations in the same terms, added of the

indemnizao for the excess of expenses caused by the transfer of work center;

c) if the disciplinary measure has been the one of immediate dismissal, in

indemnizao made calculations in the terms of the article 266. added of the wages

that he/she stopped receiving to the date of the sentence.

2. in the institutions the one that refers the subparagraph c) of no. 1 of the previous

article, the indemnizao for decrease of the wage, the one that refers the

subparagraphs a) and b) of the previous number it is increased for the double.

3. being treated of immediate dismissals, in the situations of the subparagraph c) of

no. 1 of the previous article, the worker is entitled of choosing among the immediate

reintegration, with the payment of the wages that stopped receiving to the

reintegration or to be indemnizado in the terms of the subparagraph c) of no.1 of this

article.

ARTICLE 61

(Responsibility material or penal competitive with the responsibility to discipline)


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The exercise of could discipline doesn't harm the right of the employer simultaneously

to demand of the worker indemnizao for the suffered damages because of

theirguilty behavior or of promoting the penal aco, through complaint presentation,

if the behavior be typified as crime by the criminal law.

ARTICLE 62.

(Material responsibility)

1. the worker's material responsibility for damages or destruction of facilities, you

conspire, equipments, tools or other work means or of production, or for any other

material damages caused to the company, namely for violation of the established duty

in the subparagraph g) of the article 46. , it obeys the following rules -

a) if the damages are caused voluntarily, the worker answers for them and for the

emerging damages, in theirtotality;

b) if the damages be caused voluntarily by several workers, theirresponsibility is

solidary, being able to the employer to claim the totality of the damage of any of them

or of all, in proportionality regime and being the condemned worker in the

indemnizao for the totality of the damage with right to I return on their co-

responsible ones;

c) if the damages are caused involuntarily, or if they result of loss or misleading and

tools, equipments or work utensils entrusted to the worker for theirexclusive use or of

the perch or misleading of money, goods or values because it is responsible because of

the exercised functions, the worker just answers for the right damage and not for the

damage imergente;

d) in the case of the subparagraph c), the worker's responsibility is limited to the

amount of the monthly wage, except for in the following situations, in that the

responsibility for the right damage is demandable in the totality -

d.1) if he/she treats of the loss or misleading of tools, equipments or utensils or of

money, goods or values;

d.2) if the damages be caused in state of having drugged or of intoxication;

d.3)se in case of accident of traffic, this to result of access of speed, dangerous

maneuvers or in a general way, of serious fault of the driver.

a) being the involuntary damage caused by several workers there is no solidary

responsibility, answering each 1um in the proportion of theirfault, way and extension

of the participation and being supposed same to the degrees of fault of thrushes the

participant workers of the production of the damage.

2. the material responsibility is demanded in civil aco of indemnizao, attempted in

the competent tribunal or in civil request deduced in the penal aco, in the case of

criminal procedure it was established.

3. the agreements eventually been celebrated between the employer and the worker

on the amount of the indemnizao for this owed or about the modalities of repairing


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of the caused damages, for us to be valid, they have to be reduced to written and

submitted to previous visa of General Inspection of the Work.

ARTICLE 63.

(Period of prescription and caducity)

1. under penalty of caducity of the procedure and nullity of the applied disciplinarymeasure or of prescription of the infraco to discipline, the exercise of could

discipline this subjects to the following periods -

a) the procedure to discipline, initiate with the sending of the convocation the one that

refers the article 50. , he/she can only have room within 30 following days to the

knowledge of the infraco and of theirresponsible;

b) the infraco to discipline it prescribes elapsed one year theirpractice remains;

c) resource against the disciplinary measures has to be presented inside of the 30

following days to the notification of the same measures.

d) the citation should be made in the established periods in the criminal proceeding

law;

a) the aco of civil indemnizao should be attempted inside of the three following

months to the knowledge of the infraco and of their responsible, except for if

deduced in the penal aco.

2. Exceptua-if of the determination in the subparagraph c) of the previous number the

resource against the measure of immediate dismissal, to which you/they apply the

periods of the goods 300. and 301. ,

.

SECTION III

Regulations

Article 64.

(Internal regulation)

With view to the organization of work and discipline laboral, they can the employees

to elaborate internal regulations, directivas, instructions, administrative orders and

labor standards in that you/they are defined norms of technical organization of the

work, provision of the work and discipline laboral, delegation of competences,

definition of the workers' tasks, safety and occupational health, earned income

indicators, remuneration system, hours of operation of the several sectores of the

company or work center, I control of entrances and exits and of circulation in the

company, surveillance and I control of the production and other matters that don't

respect directly to the content of the relationship legal and employment.

ARTICLE 65.

(It consults)


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1. the internal regulation after having elaborated for the employer, with respect for

the legal dispositions or applicable conventions, it is presented to the organ of the

workers' representation, that on him they are pronounced in writing, in the period of

15 days whenever it is treated of matter referred in no. 1 of the following article.

2. for explanations, inside of the period referred in the previous number, it can theorgan of the workers' representation to ask to the employer the accomplishment of

the meeting that is marked immediately.

ARTICLE 66.

(Approval of General Inspection of the Work)

1. whenever the internal regulation or remaining modalities of norms foreseen in the

article 64. treat of provision of the work and discipline, of the remuneration systems,

of earned income or of safety and occupational health, it lacks the approval of General

Inspection of the Work, that it should be requested up to 30 days before the entrance

of the regulation and energy.

2. the lost of approval is accompanied of copy of the opinion of the organ of the

workers' representation or in case this has not pronounced in useful time, of copy of

the request of perishing.

3. the lack of communication of the approval ruling, or no approval inside of the period

of 30 counted days of the presentation of the request, he/she understands each other

as approval of the regulation.

Article 67.

(Publication)

1. approved the regulation, or elapsed period of 30 days without any has been

received communication to treat of the matters referred in no. 1 of the previous article

is published or stuck in the work center, in place frequented by the workers, in order

to they become aware of theircontent.

2. the regulation that treats and matters that don't demand theirapproval for General

Inspection of the Work are subject to the publicity forms the one that refers the

previous number.

3. the regulation can only go into effect after having elapsed seven counted days of

theirpublicity in the company.

ARTICLE 68.

(Effectiveness)

The regulation and other norms in energy in the company, the one that refers the

article 64. , it links the employer and the workers, being for this of obligatory

execution, in the terms of the subparagraph h) of the article 46.


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is surrogate in the rights and obligations of that, resultants of the relationships

juridical-work, even if have ceased before the change of the employer.

2. the workers maintain the antiquity and the rights to the service of the previous

employer.

3. the determination in no. 1 of this article is not applied if the workers continue to the

service of the first employer in another work center, in the terms of the determination

in the article 83.4. in the 30 days you proceeded to the change of the employer, the workers can say

good-bye, tends right to the indemnizao for dismissal indirecto if they provoke that

of the change to result damages for the relationship legal and employment.

ARTICLE 73.

(Co-responsibility of the employers)

1. the subrogation in the obligations of the previous employer is limited to the

contracted ones in the 12 months to the change, since until 30 days before that if

efectuar, the new employer informs the workers that should claim their credits to the

second day previous to the date foreseen for the change.

2. the warning the one that refers the previous number should be done by information

to the workers, stuck at the places habitually frequented by them in the company or

work center or by communication to the workers' representative organ, giving bill of

the foreseen change of the judicial status or of the titularidade, of the date in that this

happens, of the need of they be claimed the credits and of the date in that it finishes

the complaint.

3. for the credits no complained and for the due ones in moment previous to the

referred in the no. 1 of this article, it continues responsible just to the previous

employer.

4. the previous employer answers solemnly with the new for the contracted

obligations for this to the workers the 12 subsequent months to the transmission.

ARTICLE 74.

(Obligations of the new employer)

The new employer is forced to maintain the work conditions the one that for

convention collective or practice interns the previous was forced, without damage of

the alterations allowed in the terms of this law.

ARTICLE 75.

(Communication of General Inspection of the Work)

In the 5 following days to the change, the new employer is forced to communicate

her/it to General Inspection of the Work, with indication of theircause and of theworkers' destiny, tends in bill the determination in no. 3 of the article 72.


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SECTION II

Transfer for Different Functions or for New Workplace

ARTICLE 76.

(Temporary modification of functions for reasons respeitantes to the employer)

1. in circumstances of exceptional carcter in that it is necessary to avoid the stoppageof the production or other serious damages for the company, or in other situations

atendveis, it can the employer to transfer the worker of the workplace temporarily or

to entrust him/it of own services of different professional qualification and

occupational category since of the transfer it doesn't result substantial modification of

the situation legal and employment of the worker.

2. if to the busy workplace to correspond higher wage or the most favorable

treatment, the worker is entitled temporarily to that wage and treatment.

3. if the temporary transfer lasts more than 10 months in one year or 15 months in two

years, the worker is entitled of being put definitively at the new workplace or in the

new functions, except for if he treats of a worker's substitution temporarily impeded.

4. if to the busy workplace to correspond smaller wage, the worker continues

temporarily to receive the previous wage, if it goes I pay to the time or the medium

wage of the last six months, if it goes I pay for income,

Labour Law.01

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