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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 I Contract of Employment..............................................................................................19 SECTION II Special modalities of Contract of Employment...........................................................26 SECTION III Contract of Learning and Contract of Professional Apprenticeship……………………….…30 CHAPTER III Content of the legal and employment relationship....................................................32 SECTION I Powers, Rights and Duties of the Parties.....................................................................32 SECTION II Labour Discipline.........................................................................................................38 SECTION III Regulations................................................................................................................ .44 CHAPTER IV Modification of the legal and employment relationship…………………………….................46 SECTION I Change of Employer……………………………………………………………………………………............46 SECTION II Transfer 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 I Safety and Occupational health……………………………..................................................... ..51 SECTION II Occupational health services…………….……………………................................................... .54 CHAPTER IV Duration and Temporary Organization of work……….……………………………................... ..55 SECTION I Normal period of Work……………….…...…………………………….……………………………………... ..54 SECTION II Night work………………………………………………………………………………………………….…………… .57 SECTION III Overtime…………………………………..…………………………………………………………… …58 SECTION IV Exemption of Working hour……………………………………….……………………………………….… …60 SECTION V Special Regimes of Working hour…………………………………………………………….……………. …61 SECTION VI Working hour………………………………………………………………………..……………………...……… …66 CHAPTER VII Suspension of Work Provision…..………………………………………….……………………………… …67 SECTION I Daily spread-over and weekly rest period ………………………………...……………...…………… .67 SECTION II Public Holidays…………………………………………………………………………………………………….… .69 SECTION III Vacations…………………………………………………………………………........................................ .70 SECTION IV License without Remuneration…………………………………………………………………………….. ...74 SECTION V Absence from work..……………………………………………………………................................... ..75 CHAPTER VIII Remuneration of work and Other Economic Rights of the Worker……………....………. ..80 SECTION I General principles……………………………………………………………………………………………….. …80
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SECTION II National Minimum Wage............................................................................................. ..84 SECTION III Clearance sale and Payment of the Wage.................................................................... .85 SECTION IV Compensation and Discounts On the Wage................................................................ .87 SECTION V Protection of the Wage............................................................................................. ...89 SECTION VI Economat.................................................................................................................... .90 SECTION VII Other Economic Rights of the Workers....................................................................... ..92 CHAPTER IX Suspension of the Legal and employment Relationship…......................................... ...94 SECTION I General dispositions................................................................................................... ..94 SECTION II Suspension of the Contract for a Fact Related to the Worker………….…………............. .95 SECTION III Suspension of the Contract for a Reason Related to the Employer…..………......... ….…96 CHAPTER X Extinction of the legal and employment relationship…….…………………..…………....... …98 SECTION I General dispositions………………………………………….…………………………………………… ..……98 SECTION II Caducity of the Contract for Objective Causes.………………………………………………… ...100 SECTION III Ceasing of the Contract by Agreement between the Parties..….………………….… ……101 SECTION IV Individual dismissal for Fair Cause……………………..…………………………………………….… .102 SUBSECTION I General principles…………………………………………………………………… ………………………….102 SUBSECTION II Dismissal for Discipline…………………………………………………………………………………..…. .102 SUBSECTION III Individual dismissal for Objective Causes.……………………...……………………….....…… .105
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SECTION V Collective Resignation………………………………………………………………….…………………... ...109 SECTION VI Rescission of the Contract by Worker´s Initiative……………….…………………………..…… .113 SECTION VII Exoneration of the Nominated Worker…………..…………………………….…………………… …105 SECTION VIII Liquidated Damages and Compensations………………………………………….………………… .117 CHAPTER XI Applicable conditions to Specific Groups of Workers…………………………………………. ..119 SECTION I Woman Work ……………………………………………………………………………………………………… 119 SUBSECTION I Applicable Specific conditions for Woman…………………..……………………………………. ...119 SUBSECTION II Maternity Protection……………………………….………………………………………………………... …121 SECTION II Work of Minors……………………………………………………………………….………………………… ...124 SECTION III Workers 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 ENCLOSED……………………………………………………………………………………………………………141 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 III Remuneration for work…………………………………………………………………………………… ...154 SECTION IX Extinction of the Legal and Employment Relationship………………………………….…… .155 SECTION X Applicable conditions to Specific Groups of Workers………………..………..…………… ..157 CHAPTER III Final and Transitory provisions ……………………………………………….……………………… …158

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ACT NO. 2/00 GENERAL 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 respective work 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, ethnic origin, 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, to protect 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 of fomentation 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 in general 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 an occupational 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 legal disposition 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 nº3 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 on time, 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 same article; 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 initially established 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.º, 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.º 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 the contract 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 24

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 25

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 and in 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 in the 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-á 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 worker to 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 the family 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.º at 37.º o'clock and they 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 foreseen duration 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 and accessory 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 the Work 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 and of 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.º 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 military establishments 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 having their 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.º and 176.º 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.º (Temporary contract of employment) 1. it is celebrated temporary contract of employment him among an employer whose activity consists of the temporary cedência 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.º (Content)

1. the learning Contract and the contract apprenticeship, defined in the article 25.º, 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.º (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 or trainee 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.º, 45.º and 46.º 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.º (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.º, 2.º and 3.º years of learning. 2. the trainee's minimum remuneration is, in the same situations of 60%, 75% and 90%. ARTICLE 37.º (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.º 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.º (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 company and 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 possible to 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 the matters 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 and accomplishment 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 workers theoretical 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 exercise appropriate functions inside to their aptitudes and professional preparation of the género 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 the company; 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 worker formation 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 by that 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 the company, by delegation of expressed competence. Article 49. (Disciplinary measures) 1. for the infracções 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 respective professional 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 be substituted 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 or their 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 decide the 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 of those 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 infracção 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 infracção or for the infracções 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 infracção 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, the defense, the antecedents discipline and the circumstances that surrounded the factos and that you/they are atendíveis 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 excepção 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 excepção, 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/her the 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 the application 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 indemnização 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 indemnização in indemnização made calculations in the same terms, added of the indemnização 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 indemnização 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 indemnização 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 indemnização for the suffered damages because of theirguilty behavior or of promoting the penal acção, 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 indemnização for the totality of the damage with right to I return on their coresponsible 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 acção of indemnização, attempted in the competent tribunal or in civil request deduced in the penal acção, 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 indemnização 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 disciplinary measure or of prescription of the infracção 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 infracção and of theirresponsible; b) the infracção 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 acção of civil indemnização should be attempted inside of the three following months to the knowledge of the infracção and of their responsible, except for if deduced in the penal acção. 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 the organ 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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ARTICLE 69. (Nullity and substitute regime) They are null the dispositions of the regulation that treat of strange matters the suitable ones in the article 64. and they are substituted by the dispositions of the law or of the convention collective the ones that are not shown accordingly with these. ARTICLE 70. (Obligatory regulations) For convention work collective it is obligatory the elaboration of internal regulations on all or some matters referred in the article 64. , in the cases of company or work center with more hard-working de100. CHAPTER IV Modification of the Relationship Legal and employment SECTION I Change of the Employer ARTICLE 71. (Included situations) 1. the modification in the judicial status of the employer and the change in the titularidade of the company or work center doesn't extinguish the relationship legal and employment and it doesn't constitute dismissal just cause. 2. he/she understands each other for changes in the judicial status the succession, coalition, transformation, scission or other juridical alteration suffered by the company. 3. he/she understands each other for changes in the titularidade the conveyance, leasing cession or any other facto or acto that it involves transmission of the exploration of the company, work center or it leaves of this, for legal transaction been celebrated between the previous and the new titular. 4. if the change in the titularidade or in the transmission of the exploration of the company, work center or it leaves of this to result of sentence, the determination is applied in no. 1 of this article, being maintained the exercise of the previous activity and the sentence determining in an expressed way.

ARTICLE 72. (Stability of the relationship legal and employment) 1. the new employer since it maintains the activity continued before the change assumes the position of the previous employer in the contract of employments and it
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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 indemnização 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 the workers' 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 carácter in that it is necessary to avoid the stoppage of the production or other serious damages for the company, or in other situations atendíveis, 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, maintaining the remaining rights respeitantes to the previous workplace. 5. as soon as they interrupt the reasons of the transfer and with excepção foreseen in no. 3, the worker returns to the previous workplace. ARTICLE 77. (Temporary modification of functions for you reason respeitante to the worker) 1. the temporary transfer for the workplace or functions of lower wage can also happen at the request of the worker for serious reasons and this respeitantes, for reasons of disease or in the execution of the disciplinary measures foreseen in the subparagraphs c) and d) of no. 1 of the article 49. 2. in the case of the transfer to be done at the request of the worker or for reasons of disease, it starts to receive the wage corresponding to the new workplace or function, for the transfer time but this can only be authorized by the employer after having obtained approval of General Inspection of the Work, to who is requested with junction of the medical declaration emitted to the shelter of the determination in no. 4 of the article 95. 3. if the temporary transfer results of the disciplinary measure execution, the determination is applied in n.os 2 to the 7 of the article 49. ARTICLE 78. (Modification of functions with definitive carácter) 1. the worker can just be put definitively at workplace of inferior wage in an of the following situations 49

a) in the case of extinction of the workplace that occupied; b) for decrease of the capacity physical or psychic necessary for the acting of the inherent tasks to theirworkplace, be by accident or other cause; c) theirrequest, justified for powerful reasons. 2. in the case of the subparagraphs a) and b) of the previous number, the change of the workplace has to be acceptance for the worker, being applied in relation to subparagraph a) the determination in the subparagraph b) no. 1 of the article 83. 3. in the case of the subparagraph c), the transfer can only be made in the terms foreseen in no. 2 of the previous article. 4. in the situation the one that refers the subparagraph b) of this article, the worker continues to receive in the first 3 subsequent months to the transfer the wage corresponding to the previous workplace and to give birth of the 4. month the wage it corresponds to the new position. ARTICLE 79. (Workplace exchange) 1. whenever two workers of common agreement and authorized for the employer they change of workplace position, the exchange is made in writing, signed by the workers and for the employer. 2. the workers start to receive the wage corresponding to the workplace that you/they start to occupy and to accomplish the work conditions that respect them. SECTION III Change of Center or Workplace ARTICLE 80. (Workplace) 1. if the worker's professional activity is exercised predominantly in the exterior of the facilities of the company, he/she wants for working in center of works movable or itinerant, he/she wants for treating of activity expresses and variable as for the place of the respective provision, he/she is considered workplace the work center that he/she is administratively dependent to receive instructions as for the service to accomplish and to render bill of the developed activity. 2. the worker has the right and stability in the workplace, being him/her just demandable the alteration temporary or definitive of the place of or of provision of the work in the situations foreseen in the previous number and in the following goods. ARTICLE 81st (Change temporary of workplace) 1 for reasons technique and oganizativas, of production or other circumstances that the justifiqem, oempregador can transfer the worker temporarily out for workplace of the traabalho center, in a period no superior one year.
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2. the worker temporarily transferred has right to the reimbursement of the dislocation expenses, except for if the company assures the transprte. 3. if the new work locl if it places á distance not to allow to take the meals in the conditions habituias, he/she is still entitled to the payment of the ones that should be taken between the beginning and the term of the daily work. 4.Se new workplace to locate at place that impedes the return daily á residence, the employer surporta for theirdistance also the lodging expenses. 5.Se for the distance that is the new workplace, the trabalhodor not to enjoy the weekly rest in theirresidence, he/she is entitled for every three months of transfer to four days of license to enjoy in the residence added of the time of duration of the trips, which work tenpo is considered, being the trips of you go and return supported by the employer. 6.Quando the worker á temporary transfer, invcando just cause is opposed is the refusal presented á General Inspection of the work, without the worker's damage to accomplish the transfer order. 7.A General Inspection of the work, considered the razães invocadaspelo trabalhodor and for the employer, he/she decides in the period of 10 days, cuprimento is given theirimmediate á deçisão, if it goes in the worker's sense to return to theirwork center. ARTICLE 82nd (Workplace change for razães discipline) The trabalhodor can be transferred temporarily of the hundred of trabalho,em disciplinary measure execution that has been him/her applied in the terms of the no. 3 of the article 49th ARTICLE 83rd (Definitive Transferêrncia of workplace) 1.O employer can transfer the trabalhoador of the workplace, with definitive carácter, in the following situations a) change total or partial of the center for another place; b)extinção of the workplace, having in other center appropriate work á qualification profissionial and the worker's aptitudes; c)do no. 3 of the article 72nd; d) for technical reasons and organizativas or of production. 2.Na situation referred in the subparagraph a) of the number anterio, if the trabalhor doesn't accept the transfer, it can say good-bye, tends right á indemnização for dismissal indirecto, except for if the employer demonstrates that of the non transfer results serious damages. 3.Na situation of the subparagraph b) of the no. 1, if the worker doesn't accept the tansferência and there is not place á application of the regime of the no. 2 and 4 of the article 78th, the determination is applied in the article 230th and seguites. In the situation of the subparagraph c) of the no. 1, if the worker doesn't accept the transfer, the determination is applied in the goods 72nd a74 . 5. in the situation of the subparagraph d) of the n 1, the worker, if it doesn't accept the transfer, he/she is always entitled á indemnização for dismissal indirecto. ARTICLE 84th (The worker's rights in case of definitive transfer)
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To the worker transferred definitively, in the conditions foreseen in the previous article, they are him/her always insured the right seguites a) to be compensated of the excess of expenses direct-mind resulting from the tansferência; b) to be compensated of the excesse of expenses what place change to force, so much own as of the relatives to theirposition, in the terms arcordados for the two parts or in the lack of agreements, established nostermos for the tribunal; c) to a paid license of two weeks, to treat of the resudência change and of other family problems, resultants of the transfer, in the case of the previous subparagraph; d) the one that their relatives that I get live in table communion and house and that you/they work for the same employer, be also transferred if they want him/it. I CAPITULATE V Conditions of provision of the Work SECTION I Seguança and Occupational health ARTICLE 85th (General obligations of the employer) 1.Além of the established duties in this law, namely in the subparagraph g) of the article 43 ,são general obligations of the employer, in what it respects á safety and occupational health a) to take the necessary useful measures that ace conditions of the organization of the company or work center are adapted, so that this is accomplished in atmosphere and conditions that allow the workers' normal development physical, mental and social and that you/they protect against the occupational accidents and occupational diseases; b)segurar all the workers, apprentices and trainees against the risk of occupational accidents and occupational diseases; c) to organize and to give practical formation adapted as regards to safety and he giene in the work the all the workers that it negotiates, that you/they move from workplace, or of technique and work process that use new substances whose manipulation involves risks or that you/they return to the work after an absence superior á six months; d)cuidar that no worker is exposed á acção of conditions or agents physicist, chemical, biological, environmental or of any other naturesa or the psos, without being informed of the damages that can cause á health and of the means of avoiding; a) to supply to the workers clothes, shoe and equipment of individual protecção, when necessary se3ja for prevenir,na measured in that it is reasonable, the risks of accidents or of harmful effects for health and, impeding the access to the workers' workplace that you/they come without the equipment of individual protecção; f) to take the due note of the complaints and suggestions presented by the trabalhodores concerning the ambente and work conditions and the adoptar the convenient measures; g)colaborar with the authorities saniárias for the eradication of epidemics and situations local endémicas;
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h)aplicar measured appropriate displinares to the workers that violate culposamente and in an inexcusable way the rules and instrusções on occupational health; i) to accomplish all the other dispositions legal sobresegurança, hygiene and health in the work that you/they are him/her applicable, as well as the legitimate determiniçães of the general Inspection of the work and other competent authorities. 2.O employer that doesn't accomplish the determination in the subparagraph b) of the previous number or that he/she has stopped accomplishing the obligations imposed by the insurance contract, besides the sanctions the one that is subject, it is responsible directly for the consquências of the accidents and verified diseases. 3.O assigned social security organism of the protecção in case of occupational accidents and occupational diseases should render the workers in relation to the which the employer doesn't accomplish the determination in the subparagraph b) of the no. 1deste article the protecção foreseen by law, being in this case the employer obrigador to reimburse him/it importance fastened by the same organism, without damage of the responsibility referred in the previous number. ARTICLE 86th (collaboration among employers) Quamdo more than a company exercises a sua activity simultaneously in a same workplace, they owe all of the employers to collaborate in the application of safety's rules and hygiene foreseen in this section and in the applicable legislation, without damage of the responsibility of each one of them in relationship á health and safety of their hard-working propris. ARTICLE87 (The workers' obligations) Besides the established devers in this law, namely in the subparagraph f) of the article 46th, the workers are forced to use correctamente the devices and equipments of safety and occupational health, the not to remove them nor modifying without authorization of the employer. ARTICLE88 (Criminal liability) Without damage of the respnsabilidade civil estabecidoa in the n 2 of the article 85th, the employer answers criminalmente for the occupational accidents or diseases profissinais that, for serious it neglects of theirpart, suffer the trabalhodores, same protected by the insurance the one that refers the subparagraph b) of the n 1do same article. ARTICLE89 (Immediate obligations of the employer) In case of occupational accidents or Occupational diseases, the employer is forced the a) to render the worker damaged or sick the First Aid and to supply transports him/her appropriate to the medical center or unit hospital where it can be treated; b) to announce ace competent entities the accident or disease, since it provokes impossibility for the work, in the period and according to the procedure foreseen in the own legislation;
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c) to provide the investigation of the causes of the accident or of the disease, for adoptar the measures preventive aprppriadas. ARTICLE 90th (Other obligations of the employer) The employer is forced the a) to install in the centers of work conditions and sanitary facilities adapted and supply of drinking water accomplishing what is established in the applicable regulation to this respect; b) to assure that the dangerous subtâncias is stored in conditions of safety and that in the facilities of the work center if it doesn't accumulate garbage, residues and health, there be a suitcase of First Aid, with equipment demanded in the regulame

c)assegurar that in the work center where there is not health center, there be a suitcase of First Aid, with the equipment demanded in the applicable regulation; d)impedir the introduction or distribution of alcoholic drinks and of drugs in the places where the work is executed. ARTICLE 91st (competence of General Inspection of the work) The fiscalization of the execution of the legal dispositions regulate on safety and occupational health competes á General Inspection of the Work, that, she can make to attend or to hold for medical expert of the official services of health or for specialist doutras areas, with view to the apuramento of safety's conditions, hygiene and health of larger complexity. ARTICLE 92nd (It inspects of the facilities) The centers of work of constução nova,ou in that you/they are made modifications or settle new equipments, they cannot be used before having inspected for Inspection General dotrabalho and other services mentioned in the own regulation. ARTICLE 93rd (Commission of prevention of work acidenes) 1.Nos work centers where exercise industrial activitys or of transports, with a volume of workers no inferior to the minimum fastened in own legislation or that you/they fill out other requirements in the same foreseen, a commission of prevention of tabalho accidents is constituted, of composition paritária, destined to support the employer and responsible, the workers, General Inspection of the work and other autras authority with competence in this areas, in the application and development of the norms on atmosphere, safety and heiene and in the viigilância of theirapplication. 2. theircomposition, attributions and operation are regulated in own legislation. SECTION II Medicine in the tratrabalho ARTICLE 94th (Health center and pharmaceutical position) 1. with base in the apioio to be rendered on the part of the servços sanitary officials and in agreement with the type of risks aque estãosujeitos the workers, them
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possibility of public medical aid and the capacity aconómica of the employer, can this being thank you, for united ruling of the Ministers that they have to theirposition the administration of the work, of the health and sectorial, to install a health center or farmecêutico,destinado to their workers. 2. the health center, wants if he/she treats of medical poeto or of nursing, it should be installed in the work center or in theirproximity and the is destined a) to assure the workers' protecção against all of the risks for the health that you/they can resujtar of theirwork or of the conditions in that this is made; b) to contribute for the adaptation of the workplaces, of the techniques and of the rhythms of work á human physiology; c) to Contribute for the estabelecimrnto and for the maintenance in the highest possible degree of the good--to be physical and mental of the workers; d) to Contribute for the education sanitary of the workers and for the adopção of patterns of behavior, according to the norms and occupational health rules. 3.A organization, operation and means of acção of the health centers are fastened by ordinance to regulate that equally defines the apio that should be them insured for the serviçios sanitary officials. ARTICLE 95th (Medical examinations) 1. the workers' medical examinations are efectuados for the serviços of health, without damage of the exams and special cares demanded by the characteristics of certain work types, foreseen in the applicable regulation. 2. the busy workers in works unhealthy or dangerous or in the manipulation I manufacture, packing or expedition of alimentary products for consumption humano should be submitted á medical examination periodically. 3. the medical examinations are made without responsibilities for the workers. 4. when, for medical reasons, a worker's permanence be dissuaded in a position of trabalho,a company should try to transfer him/it for a compatible position with theirhealth condition, being aplicável the n 2 of the article 77th. 5. the medical examinations, the one that refers this article and other disosições of the law, they can be efectuados for the medical service of the employer, by the authorization of the official services. CHAPTER VI Duration and Organização Temporal of the Work SECTION I Normal period of work ARTICLE 96th (duration) 1.Com the execepções previstas in the law, the normal period of work cannot exceed the following limits weekly a)44horas; b)8horas diárias. 2.O normal period of weekly work can be enlarged up to 54 hours, in the cases in that the employer adopte the schedule regimes alternately or modulated schedule or
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variable, in that it is in execution a schedule of recovery or in that the work is inetermitente or of simple presence 3. the normal period of daily work can be enlarged a) up to 9 hours diary in the cases in that the work is imtermitente or of simple presence, in that the employer concentrates the normal period of weekly work in five consecutive days b) up to 10 hours daily rates in the cases in that the work is intermittent or of simple presence, in that the employer adopte the regimes of modulated schedule or varável, or that it is in excução a schedule of recovery. 4. the maximum limits of the period normal of daily and weekly work can be reduced for convention work collective or for united ruling of the Ministers that have to theirposition the administration of the work and of protection, in the activitys in that the work is rendered in particularly stressful, tiring or dangerous conditions or that you/they hold risks for the workers' health. 5.A redeução of the limits maximum of the period normal of work doesn't determine decrease of the workers' wage nor any alteration of the work conditions that if it turns unfavorable to the workers. 6.O time of work conta.se since in theirbeginning and term the trabelhador if encoontre in theirworkplace. ARTICLE 97th (Rest intervals) 1.O normal period of daily work should be interrupted by an interval for rest and meal, of duration no inferior á one hour nor superipr á two hours, so that the workers don't render consecutive nais of five normal working hour. 2.Na measure of the possible and safe agreement with the workers' representative organ, the interval is of one hour if in the work center it is at operation dining hall that supplies meals to the tralhadores or of two hours in case conrário. 3.A General Inspection of the Work can authorize the reduction of the rest interval and meal to the minimum of 30 minutes, when such it is shown favorable to the workers' interests or be justified for the conditions peculiar of work of certain activitys. 4.O rest interval and meal can be suppressed in exceptional situations, with carácter permanent or temporary, by it consults opinion poll to the organ representstivo dos workers and authorization of General Inspection of the work. 5.Por convention work collective can be established for the rest interval and meal a duration superior á two hours, as well as it can be established the frequency and duration from another rest intervals. 6.Entre the term of a period of daily work and I begin him/it of the work of the day seguiintes there is un interval of duration rest never inferiorá10 hours. SECÇÃOII Night work ARTICLE 98th (duration) The period of normal work of the trabalhodor nocturno cannot exceed eight hours daily rates. ARTICLE 99th
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(Additional Remuneção) 1.O night work checks him/it a remuneration corresponding additional á 25% of the due wage for identical work rendered during the day. 2. the additional remuneration foreseen in the previous number is not due in the case of the rendered work a) in activitys that are exercised exclusive or predominantemente during the period nocturno; b) em activity that, for theirnature or for legal disposition, they should necessarily work á disposition of the public during the same period and that you/they are defined in united ordinance of the Ministers that have to theirposition the administration of the work and of protection of the same activitys. 3.A additional remuneration for trabalho nocturno, in the cases in that it is owed, it can for convention trabalho,ser collective substituted by reduction corresponding of the time of work included in the period nocturno, whenever of this reduction they don't result inconvenience for the continued activity. ARTICLE 100th (Medical examinations to the workers nocturnos) 1.Os workers nocturnos of the industrial activitys owe, before beginning the provision of night work, to be submitted to medical examination with the purpose of proving theiraptitude for such work type. 2.Os medical exmes of the tabalhadores nocturno are repeated annually or whenever certain for the position médicodo work center or for General Inspection of the Work. 3.Se in the medical examination be considered necessary the transferência,temporária or definitiva,do tralhador for diurno,aplica-if the determination in the n 4 of the article 95th, whenever it goes possible comprovadamente. Section III I work extraordinary Article 101st. (excepções) Extraordinary work is not considered a) rendered HIM/IT in normal day of work for workers exempted of the working hour; b) rendered HIM/IT in recovery of previous activity suspensions or in other situations meditated in the n ses 2 and 3 of the article 96th. Inside of the limits and established conditions in the respective regulation. Article 102nd. (licitness of the resource to the extraordinary work) 1. the extraordinary work just to be rendered when imperious needs 2. they consist, namely, imperious needs a) the provision or elimination of the consequences of any accidents, natural calamities or other situations of larger force.

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b) the assembly, maintenance or repairing of equipments and facilities whose inactivity or stoppage causes serious damages to the company or cause serious upset the community; c) the temporary and unexpected occurrence of an abnormal volume of work; d) the workers' substitution that you/they don't come in the beginning of the respective work period, when this coincides with the term of the period of previous work; a) the movement, transformation or laboração of products easily deteriorated; f) the accomplishment of works preparatory or complemental that you/they should necessarily be executed out of the schedule of operation of the center of the work; g) THE work prolongation, to the limit 30 minutes after the closing, in the sale establishments to the public and of services rendered personnels or of general interest, to complete transacções or services in course, for apuramentos, arrangements and preparation of the establishment for the activity of the following period of opening. Article 103rd (Limits) 1.os limits maxima of duration of the extraordinary work are a) 2 hours a day normal of work; b)40 hours a month of work; c)200 annual hours. 2. the extraordinary work rendered in the situations the one that refers the subparagraph a) of the no. 2 of the previous article it is not subject to the established limits in the previous number and rendered him/it in the situation the one that refers the subparagraph d) to the established limit in the subparagraph a) of the same number. 3.nas remaining situations foreseen in the n 2 of the previous article, the limits fastened in the n 1 of this article can be only outdated by previous authorization of the general Inspection of the work to application of the employer that justifies the need of exceeding. 4. the maximum limits established in the n 1 of this article can be reduced for ruling of the Minister that has to be position the administration of the work, heard the protection Minister and the trade union organizations and of employers, for the particularly dangerous activitys or that you/they present special rich for the health. 5. if, for provision of extraordinary work and for application of the established in the n 5 of the article 97th. , the worker owes the following day to retake the work in subsequent moment to the beginning of theirnormal period of work, it is him/her due the wage for the time of service no rendered. 6.o application the one that refers the n 3 of this article is considered granted, if in the period of 5 counted working days of the presentation of the application, the employer be not notified of any decision. Article 104th (conditions and provision obligations) 1.A provision of extraordinary work should be previous and expressly certain for the employer, under penalty of not being demandable the own payment.
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2.salvo in the cases the one that refers the subparagraphs a),d) and g) of the n 2 of the article 102nd. The worker should be informed of the need of rendering extraordinary work with the largest possible antecedence and never after the beginning of the rest period or of rest interval and meal to the beginning of that provision. 3.salvo in the cases foreseen in the law or he/she manifests foundation lack for theirdemand, the provision of extraordinary work is obligatory for the worker, in the case of the obligation to be accomplished the one that refers number him previous. 4. the worker should be excused when it invokes and justify reasons atendível what she should prevail about the interests of the employer, namely, related with school obligations or with theirhealth condition. 5. safe in the cases the one that refers the subparagraphs a) and d) of no.2 of the article 102. or authorization of the general Inspection of the work, the provision of extraordinary work cannot be demanded to the workers nocturnos. Article 105. (Remuneration) 1.cada working hour extraordinary is remunerated with an additional of 50% of the value of the normal working hour to the limit of 30 hours a month. 2. the time of extraordinary work that it exceeds the established limit in the previous number is remunerated with an additional of 75%. 3. the additional ones established in the previous numbers add her/it others add due to the workers, namely, established in no.1 of the article 99. 4. for effects of payment of the extraordinary work a) they are not considered the fracções of inferior time to 15 minutes; b) they are counted about half hour the fracções of time of 15 to 44 minutes; c) they are considered about one hour the fracções of time of 45 to 60 minutes. 5. for extraordinary remuneration of work effects, the day or half day of weekly complemental rest is considered is considered normal day of work. Article 106. (administrative obligations) 1.O employee is forced to possess a registo of extraordinary work where, in every day, they are registado the beginning, the term and the foundation of the extraordinary work rendered by each worker. 2.A totality of the times of extraordinary work is weekly made by workers and for this sought. 3.O registo can be subject the approved model for ruling of the Minister of protection of the work, that can impose the inclusion from another elements. 4.O registo should be the general Inspection of the work whenever for this it is demanded. Section IV Working hour exemption Article 107. (functions exemption susceptíveis)

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1.Estão exempted of working hour not being them applicable the limits diary and weekly established in the article 99. the workers that exercise administration positions and of direction. 2.Podem,mediante authorization of the general Inspection of the work, to be exempted of schedule work s the workers that exercise positions of narrow trust of the employer or fiscalization positions, as well as the workers regularly exercise functions out of the center of fixed work, in places variables, without theirwork to be driven directly and controlled. Article 108. (authorization) 1.Os authorization requests for exemption of working hours are presented by the employer in the accompanied of declaration of the worker's agreement general Inspection of work, as well as necessary documents to prove the exercised functions. 2.A authorization exempt of working hour, except for inferior duration that settles down, it is valid for one year, could be successively renewed by new accompanied request of agreement declaration. Article 109. (limits of the exemption) 1.Os workers exempted of working hours are recognized the right to the day of weekly rest, to the holidays and the day or half day of rest completely weekly. 2.Os workers exempted of working hours by authorization of the general Inspection of the work don't work, on average more than 10 hours a day and they are entitled to a rest interval and meal of one hour during the time of daily work. Article 110. (exemption remuneration) 1.Os workers exempted of working hours by the authorization of the general Inspection of the work are entitled to an additional one to the wage, to fasten for convention work collective, or, in theirlack, corresponding to the value of a daily hour of extraordinary work. 2.Cessando the exemption of working hours, stops being due the additional referred in the previous number. Section V Regime special of working hours Article 111. (schedules of special works) They are considered special schedules the established ones in the following goods of the present law a) THE working hour alternately; b) THE working hour for recovery of activitys suspensions; c) THE modulated working hour; d) THE variable working hour; a) THE working hour in partial time; f) F) the regime of the readiness; g) THE schedule with alternation of time of work and time of rest;
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h) Other special modalities of schedules established by ordinance to regulate or for convention work collective, that you/they will always fasten the respective regimes and conditionings. Article 112. (working hours alternately) 1.Sempre that the period of operation of the company or establishment of the company exceeds the maximum duration of the daily period, spoilt for the subparagraph a) of no.3 of the article 96. they should be different organized type of you equip of workers that assure the work in the operation totality through the partial sobreposição or succession of schedules. 2.Os shifts can be fixed or rotative. 3.São rotative shifts those in that the workers are subject to the variations of schedules resulting from the work provision in all of the foreseen shifts. 4.Quando are organized three shifts, these are obligatorily rotative and one of them is entirely nocturno, being of the day the remaining two. 5.As teams of workers alternately are, insofar as possible, constituted in agreement with the interests and preference by those manifested. Article 113. (Duration of the schedule for shift) 1.A duration of the work in each shift cannot be superior to the maximum limit of normal period of work, not could exceed the 8 hours daily rates in the case of rotative shifts. 2.No case of rotative shifts, the rest interval and meal is of 30 minutes being considered time of work whenever, for the nature of the work, the worker cannot be absent of theirworkplace. 3.Quando, for the nature of the activity, be not possible to accomplish the determination in no.1 of this article, it will be able to the work duration to be respected in medium terms, for reference to a maximum period of three weeks, without the absolute duration of the work can exceed 56 hours in any of the weeks. 4.O willing in no.1 of this article when to the maximum duration of the daily work in case of rotative shifts, it cannot be applied situations foreseen in the article 121. in the case of include the organization of work alternately. Article 114. (remuneration) 1.a work provision in regime of rotative shifts checks the worker the right to an additional remuneration of 20% of base wage which is owed in as the worker meets subject to this work regime. 2.a established remuneration in the previous number includes the additional for night work and it compensates the worker for the variations of schedules and of rest the one that this subjects. 3.se the working hour goes in regime of two shifts, fixed or rotative or of schedules partially put upon desfasados, any additional remuneration is not owed, except for if it is established by convention work collective.
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Article 115. (Changes of shifts) The rotation or shift change can only be made after the day of the worker's weekly rest. 1.Quando happen stop of the activity with interruption collective of the work in a work center or it leaves of this for reasons of larger force than it is not resulting of strikes or other situations of conflict laboral, nor of vacations or holidays the lost working hours can be recovered in the six month following, in the following conditions a) the recovery is only possible if the employer has continued to guarantee the wage to the workers during the time of interruption; b) For force of the recovery, the weekly and daily duration of the normal work cannot exceed the fastened limits no.2 and in the subparagraph b) of no.3 of the article 96. ; c) Payment in the time of the work rendered in recovery this integrated in the base wage, being added of an additional remuneration of 50%; d) before initiate the schedule of recovery, the employer sends the general Inspection of the work copies of the communication that sticks in the work center, to inform the workers of the causes and duration of the interruption collective of the work, and of the beginning, modalities and defined duration for the recovery, as well as of the alterations during this period are introduced in the schedule of the normal work. 2.Aplica-if the determination in the previous number, not being, however, owed the additional remuneration foreseen in the subparagraph c) of the previous number in the cases in that, for agreement between the employer and the workers' representative organ, happen the suspension of the activity in day of intercalated work between a day of weekly rest or a holiday. Article 117. (modulation of the schedule) 1.Por convention work collective or agreement of the employer with the representative organ, of the worker, for the working hour to be organized in modulation system, with unequal partition of the working hours according to the weeks. 2.Sistema of schedule modulation are subject the following rules a) THE normal period of work cannot exceed the limits maximum fastened in no.2 and in the subparagraph b) of no.3 in the article 96. and, in medium terms, it cannot exceed the limits in no.1 of the same disposition; b) the medium duration of the normal period of weekly work is calculated by maximum reference of six months; c)O excess of time of work rendered in relation to the defined limits in no.1 of the article 96. is compensated inside with reduction corresponding of the working hour in other weeks of the reference period or with concession to the workers of the time of paid compensatory rest;
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d) THE wage stays stable along every established reference period in the terms of the subparagraph b); a) the following month to the term of the reference period, it is liquidated and I pay as extraordinary work the time that exceeds the medium limit of the normal work corresponding to the same period; f) it is included of the willing of the subparagraph previous of the work that in every day it exceeds 10 hours and in every week 54 hours, which it is liquidated and I pay as extraordinary work of the month in that it is rendered; g) Ceasing or being suspended the contract of employment or before accomplished her/it schedule reduction or concession of time of compensatory rest the one that refers the subparagraph c), to apply to the immediately the willing of the subparagraph a) of the present article; h)A general Inspection of the work is previously informed of the characteristics of the schedule modulated introduced. 3.É considered as modulated schedule him foreseen in no.3 of the article 30. Article 118. (flexible working hour) 1.Nos work centers in that the worker's professional activity is not directa and immediately conditioned by the activity from another, it can the employer to wake up with that, individually, the establishment of the flexible working hour. 2.O schedule of the variable work should obey the following conditions a)Respeitar the medium terms the established daily limit in the subparagraph a) of no.3 of the article 96. and it is executed inside of the period of operation of the contract of employment; b)Haver in every day at least two hours in the periods of the morning and of the afternoon in that the workers should be present in the respective workplaces, c)Ser the remaining time of long work freely for the worker before or after the period of obligatory presence with the variability that the worker intends so that in the end of four weeks the time of normal work is long; d) to Be the work no accomplished in the end of the established reference period in the previous subparagraph, considered time of absence to the work and discounted in the wage and the work rendered in excess to be considered as extraordinary work, it subjects to the established limits in the subparagraph b) and c) of no.1 of the article 103. 3.O square regulator of the work provision in flexible working hour the general Inspection of the work should be sent up to two weeks before the beginning of theirapplication. Article 119. (I work in partial time) 1.A occupation of the part-time employment can be turned obligatory for the employer in the cases expressly foreseen in the law, namely in it respects him/it to workers with family responsibilities, with work capacity reduced and that you/they frequent medium schools or superior. 2.Sempre that the activity of the work center allows can him the employer to make possible the workers' occupation on time partially.
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3.A work accomplishment in partial time it can happen, namely in the cases in that you/they advise him powerful reasons related with the lack of dining halls, the inexistence of appropriate establishments of feeding no proximities of the work center and the inexistence inoperacionalidade or removal of the public transportations. 4.Nos cases the one that refers the previous number the provision of the work in partial time is subject to the following rules resolved a)Ser for the employer after consultation to the workers' representative organ and previously communicated the general Inspection of the work; b) Safe ponderous technical inconvenience, the workers are divided in two equip so that they work respectively in the part of the morning and in the part of the afternoon; c) the duration of the work in partial time it cannot be inferior at the five hours daily rates; d)A accomplishment of the work in partial time it is understood as transitory and it ceases as soon as outdated the reasons that justify her. Article 120. (regime of readiness) 1.O regime of readiness can only be practiced in centers of works that render permanent services to the colectividades, namely transports and communications, reception transports and distribution of water and production, transport and distribution of energy and laboração companies continue in that it is dispensable for technical reasons, to maintain the regularity and normality of the operation of the equipments and facilities. 2.Salvo special dispositions established by ordinances regulate or for convention work collective, the regime of readiness is subject to the following rules a) THE worker is designated for the regime of readiness by scale to fasten with the minimum of two weeks of antecedence; b) THE worker cannot be climbed for regime of readiness in following days; c) THE period of readiness cannot be superior to the normal period of the daily work; d) THE worker in regime of readiness should not stay in the facilities of the work center, it is forced to maintain the informed employer of the place where is, in order to be called for immediate beginning of the extraordinary provision of work; a) THE worker is entitled to an additional remuneration of 20% of theirbase wage in the days in that you/they are in regime of readiness; f) If during the period of readiness the worker be called to render the work efectivo, this is considered extraordinary work because of larger force and as such a paid one. Article 121. (working hour in alternation) 1.Mediante agreement with the workers can the employers adoptar a working hour regime constituted by a maximum period of four weeks of work efectivo following by a period similar of rest. 2.O work system the one that refers the previous number respects to the following rules a)O rest period includes the time spent in the departure trips and return to the work center;
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b)os days of weekly rest, weekly complemental rest and holidays included in the period of work efectivo are days of normal work, being theirjoy transferred for period of subsequent rest; c)O period of annual vacations is imputed to the rest periods since these don't have inferior duration to 15 consecutive days; d)A duration of the normal work can reach the limit of 12 hours daily rates that includes two rest periods, of 30 minutes each one, considered time of work, whenever the schedule is long in regime of shifts and happen the circumstance referred in the final part of no.2 of the article 113. ; e)Se, as a consequence of this work regime, the annual duration of work be exceeded, made calculations at the 44 weekly hours and after having deduced the normal period of vacations and the obligatory holidays on time surplus extraordinary work is considered and as such a paid one. Section VI Working hour Article 122. (working hour concept) 1.O working hour determines the hours of I begin and term of the normal period of daily work, the daily intervals of rest the meal to the day of weekly rest. 2.Nos have from the article 39. ,compete to the employer to establish the working hour, in agreement with the legal and conventional dispositions. 3.no establishment of the schedule of the work, the employer should respect the legal regime on the period of operation of the companies and services, and you organize him/it in way what the operation period is entirely insured in regime of normal work to equip as the established modalities in this law adapted for the effect. The workers' 4.O representative organ is always heard previously to the establishment of the working hour and of their alterations. Article 123. (map of the working hour) 1.O working hour is written in own map that besides the elements referred in no.1 of the previous article, it indicates also begin him/it and term of the period of operation of the work center. 2.Um copy of working hour map should be stuck in the work center in very visible and accessible place to the workers for them included, in advance low of 15 days relatively theirentrance in execution. 3.outro copy is with the same antecedence, sent by the employer to the general Inspection of the work. 4.Se the working hour goes alternately or with you equip of workers that practice differentiated schedules, the map should discriminate the several existent schedules and the employer should possess, actualizado, the workers' registos included in each shift or it equips. Article 124. (alterations)
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The alterations of the working hour are obligatory for the workers the one that are destined, if established in accordance with what he/she is defined in the previous goods. I capitulate VII Suspension of the provision of the work Section I Closing and weekly rest Article 125. (weekly closing) 1. the establishments industrial, commercial and of services rendered they should suspend the laboração or to contain one day completes a week, that it is Sunday, except for in the case of laboração it continues or if the activitys the one that one dedicate could not be suspended on this day by reasons of interest publish or for technical reasons. 2. the authorization for continuous laboração is granted by united rulings of the ministers that protect the work and the respective activity, preceded of consultation to the unions associations interested employers. 3. the determination of the activitys the companies or establishments that, besides the authorized ones to work continually, they are released of to suspend the laboração or to contain one day complete a week, it is done by united ruling of the members of the government the one that refers number him previous, with precedence of the mentioned consultations. 4. the determination of the day of closing or of suspension of the laboração, in the cases in that it is not Sunday, it competes to the governors provinces, after having heard the municipal administrations, the unions and the organizations of provisions económicas and of employers of the province. 5. the dismissal of the laboração suspension the one that refers no.3 of this article can still, to application of the employer, to be granted with temporary carácter no superior to six months, to industrial establishments, the following situations a) for reasons related with seasonal carácter of the developed activity; b) for accentuated increment, but transitory of the work for whose satisfaction is not justified the resource to other organization of work forms. Article 126. (Right of weekly rest) 1. the worker is entitled to one day complete of rest a week that, in rule it is Sunday. 2. the day of weekly rest can only be in another day of the week when worker renders service to employer that the terms of the previous article, be released of to contain or to suspend the laboração one day complete a week or that you/they are forced to contain or to suspend the laboração in day that is not Sunday. 3. out of the cases the one that refers to previous number, it can also let to coincide with Sunday the day of the workers' weekly rest; a) Necessary to the insurance of the continuity of services that you/they cannot be interrupted;
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b) Of the hygiene services, salubrity and cleaning or person in charge of other tasks preparatory or complemental that you/they should necessarily be accomplished in the day of the remaining workers' rest or when the equipments and facilities are inactivo; c) Of guard's services, surveillance and entrance. 4. whenever the work is rendered in the regime of shifts, these should be organized so that the workers of each it equips has a day of rest in every week and that the same coincides with Sunday with a periodicity no superior to eight weeks. 5. when, for technical reasons it is not possible to assure the determination in I number him/it previous, to the workers it should be guaranteed in each period of eight weeks an I number of days complete from equivalent rest to the that results of the application of the same disposition. Article 127. (Duration of the weekly rest) 1. the weekly rest cannot have inferior durations at the 24 consecutive hours, in rule begun them reduce to zero hours of the day destined to the same rest. 2. in the case of shift work, the 24 hours of weekly rest are counted from the term of the shift that was concluded before the 24 hours of the day previous to the of the rest Article 128. (weekly complemental rest) 1. the half day of rest that results of the distribution of the weekly schedule for five and a half days of work or the day of rest that it results of the application of the determination in the subparagraph a) of no.3 of the article 96. weekly complemental rest is considered. 2. the time of weekly complemental rest should precede or to proceed whenever possible, the day of weekly rest. 3. in the case of shift work, the joy of weekly complemental rest is regulated by the determination in no.s 4 and 5 of the article 126. Article 129. (Conditions of work provision)

The work in day of weekly rest and in the day or half day of weekly complemental rest can only be rendered in the situations the one that refers the article 102. , being him/her applicable the determination in the goods 104. and 106. Article 130. (Remuneration of work) 1. the work rendered in the day of weekly rest is remunerated by the value corresponding to the time of work, with the minimum of three hours, added of an additional of 100% additional of the same value.
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2. in the work rendered in the day or half day of weekly complemental rest the determination is applied in no. 5 of the article 105. Article 131. (I rest weekly) The work rendered in the day of weekly rest checks the worker the right to enjoy obligatorily the following week, half day or one day complete of compensatory rest, as the duration of the work has been inferior to four hours or equal to the superior to this limit.

Section II Holidays Article 132. (suspension of the work in the holidays) 1. the job should suspend the work in the days that the law consecrates as national holidays. 2. the determination in the previous number is not only applied in relation to the activitys or establishments in elaboration regime continues or that, in the terms of no.3 of the article 125. , be released of to suspend the laboração or to contain one day complete a week.

Article 133. (conditions of service provision) 1. Excepto in the cases the one that refers no.2 of the previous article and no.3 of the article 126. , it cannot be demanded the work provision from the workers in the holidays, except for in situations in that it is lawful the resource to I work extraordinary. Section III You hurt Article 135. (right to vacations) 1. the worker is entitled, in every calendar year, the a period of paid vacations. 2. the right hurt moderates her she to the work rendered in the previous calendar year and it expires in January 1 of every year, except for in what it respects them hurt moderated to the year of administration to the work, in that the right is won on July 1. Article 136.
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(purpose and warranty of the right to vacations) 1. the right hurt destines her her the possibility to the worker conditions of physical and psychic recovery of wear and tear provoked by the provision of of the work and to allow him/her conditions of whole personal readiness, of integration in the family life and of social and cultural participation. 2. the right hurt is her irrenunciável and theirjoy efectivo cannot be substituted, out of the cases expressly foreseen in this law, for any compensation económica or doutra nature, even on request or with the worker's agreement, being null the agreements or the worker's unilateral actos in sense contradicts. 3. the worker is not able to, during you hurt them, to exercise any paid professional activitys, except for if it already exercised them in accumulation. Article 137. (duration) 1. the period of you hurt is of 22 working days in every year, they don't count as such the days of weekly rest, of complemental rest and holidays. 2. the due vacations in the subsequent year to the of the admission to the work are corresponding to two working days for every month complete of work in the year of admission, with minimum limit of six working days. 3. identical form of determination of the period of vacations, with the identical limit minimum, it is applied in the case of the contract of employment to have been suspended in the year the one that the right is moderated, for facto respeitante to the worker. 4. in the determination of the complete months of work the days of efectiva service provision are counted and still the days of justified lack with right to the remuneration and the days funny license in the terms of the dispositions on protecção in the maternity.

Article 138. (reduction of vacations) The period of you hurt the one that refers no.1 of the article previous, or certain in the terms no.s 2 and 3 of the same article, it is reduction object as a consequence of lacks to the work in the defined conditions in the article 161. Article 139. (vacations in the contract for certain time)
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1. the workers admitted for instance certain, whose initial duration or renewal of the contract doesn't pass one year, they are entitled u period of vacations corresponding to two working days for every month complete of work. 2. the vacations the one that refers number him previous they can be substituted by the corresponding numbering, to turn off in the term of the contract. 3. to determine of the month I complete of service the determination is applied in no.4 of the article 137. Article 140. (I glide of vacations) 1. in each work center it should be organized, after consultation to the workers' representative organ, about application of the criteria to assist, a plane one a plan of vacations where you/they consist all the workers, with indication of the dates at the beginning and of term of the respective period of you hurt. 2. the demarcation of the period of vacations should be made, insofar as possible, for agreement between worker and the employer or in the case of not being possible the agreement, resolved for the employer. 3. in the organization of the plan of vacations the employer should have in bill the productive; a) to Divide the period more intended, whenever possible, benefitting the workers alternately, in function of the funny period in the two previous years; b) to Be vacations marked in successive shifts, or with stop total or partial of the activity of the work center; c) to Give preference to the workers with family responsibilities in the choice of the coincident shifts with the smaller children's school vacations, when you hurt are them marked in shift; d) to Grant the joy of vacations whenever possible in the same periods to the workers that belong to the same household. 4. if the vacations be marked with stop total or partial of the activity of the work center, the duration of the stop cannot be inferior to 10 consecutive working days and the remaining period of vacations what the workers are entitled is for this enjoyed in another height, unless they opt to receive the remuneration corresponding to this period. 5. of the joy of simultaneous vacations during the period of stop of the activity, it can be exceptuado the workers afectos to conservation works, repairing and similar. 6. not having activity stop, the vacations can be marked for they be funny in two separate periods, if that goes of the worker's interest. 7. the plan of vacations is elaborated and stuck in the work centers to January 31 of every year and it stays stuck while there are workers inside to enjoy vacations of the same year. Article 141. (joy of vacations)

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The vacations should be funny in the course of the calendar year in that you/they are expired, without damage of they could be funny for us to be funny in the first quarter of the following year, in the whole or partly, if the worker requesting and they result not inconvenience in cumulation or not with the due vacations on that year. Article 142. (cumulation of vacations) 1. the workers with resident relatives abroad can accumulate vacations of two or three months to enjoy out of the country, since in the first years they enjoy a minimum of 10 complete working days of due period on those years. 2. the determination in the previous number can be applied, for agreement, the other workers that you/they don't fill out the condition there foreseen and that you/they intend to enjoy the vacations out of the country or in different area of the national territory. Article 143. (postponement or suspension of the joy of vacations) 1. whenever for imperious need of operation of the company or work center if it imposes the postponement of marked vacations or suspension of the joy of the same ones, the worker it should be indemnizado of the accomplished expenses and damages matters suffered with the postponement or suspension 2. the suspension of the joy of vacations cannot harm the joy following by 10 complete working days. 3. the period of the joy of the vacations should be altered whenever the worker in the date marked for I begin is him temporarily impeded by facto that is him/her imputable, namely disease or execution of legal obligations. 4. if the worker gets sick during the joy of vacations, it is the suspended joy since the employer is immediately informed of the situation of disease with presentation of the document comprovativo, past or affirmed by the official services of health. 5. in the case referred in the previous number, it falls to the employer to mark the period in that the worker should conclude the joy of the vacations. Article 144. (joy of vacations having suspension of the contract) If the contract of employment to be suspended before the joy of the due vacations in the year of the suspension, for reason no imputable to the work and for this reason he/she cannot enjoy them until the term of the first quarter of the following year, the due vacations and no funny they are substituted by the payment of the corresponding remuneration. Article 145. (regime of vacations for ceasing of the contract)

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1. whenever the contract of employment ceases, for any reason, the worker is entitled to receive the remuneration of the due vacations of the year of the ceasing, except for if already funny. 2. without damage of the determination in the previous number is entitled to receive the remuneration corresponding to a period of vacations made calculations to two working days of vacations by every month complete of service elapsed since January 1 to the date of the ceasing. 3. to the ceasing of the contract of employment before due the first of vacations the determination is not applied in the previous numbers, but the worker is entitled to the remuneration corresponding to a period made calculations in the base of two working days of vacations by every month complete of work rendered from to the date of the admission to the one of the ceasing of the contract. Article 146. (remuneration and bonus of vacations)

1. the remuneration of work during the period of vacations is same to the wage and additional that would receive during the same period if it continued to render the normal work in the conditions that it was rendering him/it. 2. to the remuneration of vacations the bonus of vacations the one that is added refers the subparagraph a) of no.1 of the article 165. 3. the reduction of the period of vacations efectuada in the terms of the article 138. , well with the substitution of the joy of the vacations for the corresponding remuneration, it doesn't cause the reduction of the bonus of the vacations. 4. the remuneration and the bonus of the vacations are pay before I begin him/it of the respective joy. Article 147. (violation of the right to vacations) 1. whenever the employer impedes the joy of the vacations in the established terms in the previous goods, the worker receives as indemnização the double of the remuneration corresponding to the period of vacations no funny and he should enjoy the period of vacations in lack to the term of the first quarter of the following year. 2. if the worker violates the obligation that imposes him/her no.3 of the article 136. , he practices an infracção to discipline, it subjects to the regime of the goods 48. and following and the employer is with right of recovering the bonus of vacations that he has paid. Section IV License without remuneration Article 148. (license without remuneration)

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1. the worker's request writing, the employer can authorize him/her licenses without remuneration whose duration should consist expressly of the decision. 2. the license period counts for antiquity effects and the worker is entitled of retaking the workplace whenever he comes in the term of the license. 3. for effects of the right to vacations, the license without remuneration is considered time work efectivo, if it goes from inferior duration to the equal to 30 days of calendar. 4. if the license goes from superior duration to 30 days, it is applied mislead him in no.3 of the article 137. about the determination of the period of you hurt in the case of the contract of employment to have been suspended. Article 149. (license for formation) 1. by communication written to the employer, in advance low of 30 days, the worker is entitled to the license without duration remuneration same or superior to 60 days for frequency in the country or abroad of courses of formation technical or cultural supplied either of professional formation or of intensive courses of specialization under responsibility of a teaching institution or similar. 2. the employer can refuse the license whenever a) To the worker it has been provided appropriate professional formation or license for the same end, in the course of the last 24 months; b) THE worker has the less than three years of antiquity in the company; c) THE worker has been object of disciplinary measure application no inferior to the one of the subparagraph c) of n .1 of the article 49th., graduate in more than 30 days, for infracção practiced in the last three years; d) THE worker doesn't respect him/it period of communication to the employer; a) THE worker carries out direction position, it leads, framing or qualified functions are not possible the appropriate completion of the workplace during the license period, he wants for worker of the company, he wants for resource the recruiting to term; f) THE worker cannot be substituted in an appropriate way in companies or work center with less than 20 workers. 3. to the license foreseen in this article the determination is applied in no.3 of the article 137th. 4. the determination in no.1 of this article doesn't harm the application of the special law on worker-students in partial time, nor the agreements freely established between worker and employer, in the terms of no.3 of the article 47th. 5. section v Lacks to the work Article 150. (Type of Lacks) 1. the lacks can be justified or unjustified. 2. whenever absence is from inferior duration to the normal period of daily work what the worker is subject, the times of absence are added for the determination of the days of lack.
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3. if the schedule goes of unequal duration in the several days of the week, he/she is considered day of lack that corresponds the medium duration of the normal period of daily work. 4. whenever the lacks have as consequence the loss of the remuneration, the employer can make the discount of the time of lack in the wage of the month in that this has same room that inferior to a day of lack. Article 151. (communication and justification) 1.O worker should communicate to the employer, with the minimum antecedence of one week, the need to be absent of the service and respective reason and the duration foreseen for absence exhibiting in that height the notification, request or convocation that eventually has been him/her driven. 2. if the knowledge of the need of increasing of the service to happen inside of the week to yours begins, the communication the one that refers number owes him/it to be immediate with the exhibition of the referred document if it is the case. 3. if the absence is unexpected, the communication to the employer should be made as soon as possible, but always before retaking the work. 4. the worker is forced to supply the proof of the reasons invoked for justification of the lack if this proof be established in the interior regulation or it be demanded by the employer. 5. they are unjustified lacks the absences for reasons no foreseen in the following article since no authorized for the employer, as well as those in relation to which the worker doesn't execute the established obligations in the numbers previous of this article. 6. it constitutes infracção to discipline serious the provision for the worker of relative perjuries to the justification of lacks. Article 152. (justified lacks) 1. they are vindicative reasons work lack for a) the worker's marriage since the absence has duration no superior to 10 days following by calendar. b) one day for occasion of the in the one of the son's birth; c) THE death of family directos, inside of the defined limits in the following article; d) THE execution of legal obligations or you militate that should be satisfied inside of the normal period of work, in the conditions and limits referred in the article 154. ; a) the provision of proofs the one that the workers students are forced, in the terms of own legislation, inside of the defined limits in the goods 155. ; f) the participation of formation courses, improvement, qualification or occupational retraining that has been certain for the employer; g) the impossibility of rendering work, due the facto that is imputable to the worker, namely, alter disease, or need of provision of undelayable attendance to members of theirhousehold, in case of disease or accident, inside of the limits fastened in the article 156. ;
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h) the participation in activitys cultural or sport or in representation of the country or of the company in official proofs in the terms of the needs of the operation of the work center and to assist to the article 157. ; i) THE practice of necessary and undelayable actos, in the exercise of functions in leaders in unions and in syndical police officer's quality or of member of the workers' representative organ, inside of the established limits in the article 158. ; j) the authorization of the employer, face to the innovation, for the worker of reasons no constant of the previous subparagraphs, but that that duty to consider atendíveis. 2. they are paid inside of the established limits in I number him/it previous and in the following goods the justified lacks for the constant reasons of the subparagraphs a) and i) of no. 1 of this article. 3. the authorized lacks in the terms of subparagraph i) of no.1 of this article they are remoradas or no, as it is established by the employer in the authorization acto understanding each other that you/they are paid if it is not certain. 4. the justified lacks for reasons foreseen in them subparagraph c), f), h) and i) of no.1 of this article when they are prolonged for more than 30 days of calendar, they give place the suspension of the contracto of the work with the application of the respective regime. 5. the justified lacks always count for effects of the worker's antiquity. Article 153. (lacks for deaths) 1.As lacks because of death of family directos have the following limits a) Eight working days being treated of the spouse's death or of person that, comprovadamente, live with the worker in union of the facto or of of the parents' death or of children; b) Four working days, being treated of the grandfathers' death, in-laws, siblings, grandchildren, son-in-laws and daughter-in-laws; c) Two working days being taken care of uncles or of anybody that, comprovadamente lives in table communion and house with the worker. 2. if the funeral has room in distant workplace center, the worker is still entitled to dispose of the indispensable time for the dislocation without remuneration. Article 154. (lacks for execution of obligations) 1. in the case of lacks for execution of legal obligations or you militate the employer is forced to pay the wage corresponding to the lacks, to the limit of two days a month, but not for 15v days a year. 2. the judicial authorities, military, policemen or other with identical legal powers to determine the worker's comparência or before which the worker should practice the actos that, for they constitute legal obligation, they justify the lack, they are forced to supply to this, means of proofs idóneos and circunstanciados containing, namely, the place, dates and period for they be presented to the employer. Article 155.
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(lacks for school proofs) 1. the absence for the provision of proofs for the students has the following limits a) one day being treated of school proofs or of evaluation of knowledge accomplished in the course of the year lectivo (frequencies) that is distributed in two periods of half day each one, being immediately one in the afternoon of the day previous or if the proof be accomplished in the part of the morning. b) Two days for each discipline and for each one of the proofs final writing and oral being one of the days the one of the provision of the proof and the other the immediately previous. 2. in the case of the subparagraph b) if the proofs go in consecutive days, the previous days are totaled and they are in relation to first of the so many proofs how many the following exams, in them if including the days of weekly rest, complemental rest and holidays to happen in this period. Article 156. (lacks for accidents) 1. the impossibility of rendering work for the foundations the one that refers the first part of the subparagraph g) of no.1 of the article 156. it is he/she paid inside of the limits and in the established conditions in the special law on protecção in the disease and in the accident, except for if the worker is entitled to subsidy of the social security or institution insurance company. 2. the lack to the work justified by the need of rendering undelayable attendance to the members of the household, theirduration has the following limits a) Three working days a month, being treated of disease or the spouse's accident, parents, grandfathers, larger children 10 years old and in order to the same degrees of the line recta, to the maximum limit of 12 working days a year; b) 24 working days a year, being taken care of disease or son's accident, adoptado or smaller stepson 10 years old. 3. the established limits in the previous number can be enlarged, at the request of the worker, not being paid lacks them resultants of the enlargement. 4. the lacks the one that refers no.s two three of this article cannot be practiced simultaneously by two spouses and they can only be practiced by one of them in the case of the two be hard-working due to somebody else.

Article 157. (lacks for activitys cultural or sport) The lacks for participation in activity cultural or sport as well as in the respective preparatory actos in the cases in that this participation should be verified inside of the normal period of work, they are subject the following rules a) I Greet obligatory of the determination in no. 2 of the article 154. ; b) Remuneration of the lacks for the employer to the limit of 12 working days in every calendar year.
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Article 158. (lacks for syndical activitys or the workers' representation) 1. the justified lacks for the practice of the necessary and undelayable actos the one that refers the subparagraph i) of no. 1 of the article 152. they are paid inside of the following limits. a) Four working days a month for exercises of functions of member of the direction or executive organ of the union; b) Four or five hours a month for each syndical police officer or for each member of the organ representative of the workers, accordingly in the work center 200 exist or more workers adopted in the respective union in the first case or exist up to 200 or more workers in the second. 2. in substitution of the determination in no.2 1 to the 4 of the article 151. , the lacks the one that refers the línea a) of previous no. they are justified by written communication of the direction of the union to the employer, done with a day of antecedence minimum if such is possible, the following days to the I begin of the absence, indicating the dates and periods that their leaders need for the exercise of their functions without mention of the actos to practice. 3. the syndical police officers and the members of the workers' representative organ, whenever they intend to exercise the right referred in the subparagraph b) of no. 1 of this same article in the interiore of the facilities of the work center, they should inform in advance of the acto to the employer low of one day. 4. the lacks that exceed the limits fastened in the subparagraph the (of no. one of this article is justified since communicated to the employer but they are not paid. Article 159. (authorized lacks) The employer can authorize the lack to the work for the death of people that you/they are not foreseen in the subparagraphs of no. one of the article 153. , whenever the worker's presence in the actos of the funeral is in accordance with the traditions of theirpeople sedate applicable no. 2 of the same article and being the payment of the remuneration subjects to the determination in no. 3 of the article 152. Article 160. (effects of the unjustified lacks) They consist effect of the lacks of the duration of the period of vacations a) I Discount in the duration of the vacations, in the proportion of a day of vacations for every day of lack, not being able to the duration of the vacations to be less than 12 working days reduced the, or less than six days in the situations referred in no.s 2 and 3 of the article 137. when it is unjustified lacks b) I Discount in the duration of the vacations of the justified lacks that you/they don't check right the remuneration in the proportion of one day of you hurt for every 3 days
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of lack, not being able to the reduction of the period of it hurt to exceed the limits fastened in the final part of the antecedent number; c) Substitution of the application of the subparagraph b) for the established of no. 3 of the article 137. , whenever the contract of employment is suspended in the terms of no. 4 of the article 152.

Chapter VIII Remuneration of work and the worker's other rights economics Section I General principles Article 162. (remuneration) 1. the remuneration understands the base wage and all the other provisions and complements pagos directa or indirectly in money or in cash, be which is theirdenomination and form of I make calculations. 2. they don't constitute remuneration a) the retribution for provision of extraordinary work, except for when for theirattribution regularity and value should be qualified as remuneration; b) The attributions accessory of the employer to the worker when designated to the reimbursement or compensation of expenses for these accomplished in relationship with the work provision, such as help of costs, payments of trips and of installation transportation expenses, transport subsidies, obligatory supply of lodging and another of identical nature, except for if, for theirregularity and disproportion in relationship the expenses that vision to compensate, they should be considered remuneration just in what it respects to the excess; c) The accidental and voluntary bonuses no related with the work provision or that you/they serve as prémios or recognitions for the good services, since he/she gives personalized attribution; d) THE family abandonment and all the other provisions and social security subsidies or their complements when I pay for the employer; a) The values pagos to the worker as indemnização or compensation for transfer of the work center, for suspension of the relationship legal and employment or for dismissal. 3. safe proof in opposite, she that you/they make part of the remuneration all of the provisions económicas that the worker receives from the employer, supposes regularly and periodicity. 4. it competes to the tribunal to solve the doubts to be raised in the qualification as remuneration of the provisions received by the worker.
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Article 163. (wage modalities) 1. the wage can be right, variable or mixed. 2. the wage is right or at the time when it remunerates the work accomplished in a certain period of time without assisting to the obtained result. 3. the wage is variable or to the income when it remunerates the work accomplished in function of the results obtained in the period the one that respects. 4. the wage is mixed when constituted by a right part and other variable. 5. the variable wage can assume, namely the modalities of a) Wage to the piece and commission when he/she just assists to the result of the work accomplished by the worker in the period considered without assisting to the execution time; b) Wage to the task when he/she assists the duration of the work with the obligation of assuring a certain production in the reference period 6. in the measure in that the employer has indicative adoptado of earned income and other definition bases, of productivity in the terms of the article 162. , it can adoptar systems of wage variable or mixed in the sense of motivating the elevation of the productivity levels.

Article 164. (no descriminação and the worker's warranties) 1. employer is forced to assure for a same work or for a work of same value, in function of the conditions of provision of the qualification and the income, the equality of the remuneration among the workers without any descriminação with respect for the dispositions of this law. 2. the different constituent elements of the remuneration should be established second normal identical for the men and for the women. 3. the categories and the classification criteria and promotion Professional, as well as all the other bases of calculation of the remuneration, namely the evaluation criteria of the workplaces should be common to the workers of the two sexes. 4. the wage cannot be inferior to the established in the convention collective of applicable work for the work that it is compensation or in theirlack to the guaranteed national minimum wage, except for in the cases expressly foreseen by law.

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5. when the wage goes variable the respective bases of calculations should be established in way to guarantee to the worker, usually working, a value same to the of the worker of identical capacity remunerated at the time efectuando a similar work. 6. if the worker not to render theirwork in the validity of the relationship legal and employment for the employer not to give him/her to execute for reasons stranger to the worker, this maintains the right of the wage in the totality without that can compensate the work not rendered with other rendered in another occasion. 7. the paid worker with variable wage is entitled to the normal wage whenever the earned income is reduced by imputable reasons to the employer. 8. in the case the one that refers the previous number, as well as in the case of the provisions that, in the terms of no.2 of the article 262. , they should consider remuneration, it is normal wage for effect of payment of the remuneration of you hurt and I make calculations of indemnizações and compensations measured her monthly made calculations in relation to those provisions received in the 12 months previous of work provision or during the period of contract duration, if inferior. 9. there is compensation, when the provisions remunerative received efectivamente are in yours conjugate and in more favorable annual computation to the worker than the provisions fastened in the law or in the convention applicable collective. 10. To determine the value of the worker's wage-schedule, the formula is used S/h =, in that s/h means the value of the wage-schedule, Sm the wage monthly base, 12 the number of months of the year, 52s the number of weeks works of the year and Hs the weekly normal schedule. 11. The non observance of the dispositions of the numbers previous of the present article, of the place to the exercise of the procedure to discipline or judicial foreseen in the present law. Article 165. (Annual bonuses) 1. all the workers are entitled, for every year of service efectivo, to the following obligatory bonuses at least a) 50% Of the wage-base corresponding to the wage of the period of you hurt her title of bonus of you hurt; b) 50% Of the wage-base corresponding to the month of December title her of I subsidize of native. 2. the established values in no.1 can be improved by convention work collective or individual contract of work. 3. the worker that in the moment of payment of these bonuses it has not rendered a year of service efectivo, because of the admission date to the work or of suspension of the relationship legal and employment he/she is entitled to receive them referred bonuses made calculations in proportional value to the complete months worked added of one month.

Article 166.
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(information of the wage) 1. before a worker to occupy a workplace, and whenever the alteration is produced in the same, the employer owes inform him/it him in way appropriate and easily comprehensible, of the wage conditions they should be him/her applied. 2. when the alteration of the wage is applicable to a group of workers for being resulting from the revision of guaranteed wages for law, convention collective or he/she practices of the employer, the information is made through the affixation of the new values in the payment place and in the places habitually frequented by the workers.

Article 167. (Reduction of the wage) 1. safe in the cases expressly foreseen in the law, in convention collective or contract of employment, the wage is not owed in relation to the absence periods of the work to the service. 2. to do the calculation of the value to reduce the established formula it is applied in the n- 10 of the article 164. , not being able to however to be he/she pays inferior amount at the time of work rendered efectivamente. 3. with the excepções foreseen in the law or in convention work collective the provisions, complements and additional to the base wage that you/they constitute compensation of the conditions in that the work is rendered, they stop being due as soon as the provision of the work stops being subject to the same conditions. Section II National minimum wage Article 68. (fixation of the national minimum wage)
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1. the national minimum wage is fastened periodically, for ordinance of the cabinet under proposal of the ministers of work protection and of the finances. 2. the fixation of the national minimum wage is preceded of consultations driven by the protection minister of the work to the Ministers of the finances and of the areas económicas and of consultation meeting with representatives of the most representative organizations of employers and of workers. 3. in the fixation of the national minimum wage he/she should be considered a) the evolution and tendency of the national index of the consumer's prices, general level of the wages and of the provisions of the social security and the relative standard of living of other social groups. b) The factors economics condicionantes including the demands of the development economics, the productivity levels and the need of to reach and to maintain a solemnity job level. Article 169. (modalities of the national minimum wage) 1. the national minimum wage can adoptar one of the following modalities a) guaranteed national minimum wage only. b) THE national minimum wage for great groupings economics (industry, I trade, transports, services and agriculture); c) national minimum wage for geographical areas. 2. the modalities b) and c) of the previous number they can be articulate with the modality b). 3. as the workers of any of the groupings economics referred in the modality b) of no.1 they go being included by conventions collectives, the affixation of the minimum wage national adoptar clue the modality c) of the same I number. Article 170. (fixation regularities) The periodicity of fixation of the national minimum wage is certain tends in attention the evolution of the consideration factor referred in no.3 of the article 168. Article 171. (addressees of the national minimum wage) 1. with established excepções for law, the national minimum wage is applied her/it all the workers in regime of time of complete work being able to the ordinance that fastens him/it exceptuar the workers included by convention work collective been celebrated there is less than 6 months. 2. for to the workers in work regime in partial time, the application of the national minimum wage is made with resource to it formulates her established in no. 10 of the article 164. Article 172. (nullity of the salary indexation) They are null the dispositions of the conventions collectives that foresee indexation on the expressed of form directa values of national minimum wage or indirecta.
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Section III (Clearance sale and payment of the wage) Article 173. (payment form) 1. the wage should be pay in money, could be partially in provision of another nature, namely alimentary géneros, feeding, lodging and clothing. 2. the part no financial of the wage, when it exists, it cannot exceed 50% of the total value. Article 174. (payment of the financial part) 1. the financial part of the wage is he/she paid in currency or, with the worker's agreement or if foreseen in the internal regulation or convention collective, for bank check it is worth to post, deposit or bank transfer to the worker's order. 2. with the excepções foreseen in the previous number, it is prohibited the payment of the wage in valleys, fixed, coupons, credits in bills, declarations of you divide or any other form amendment of the payment in currency. 3. the financial part of the wage is paid directly to the worker or the person that this indicates in writing, being the worker to dispose freely of the wage without the employer can limit this freedom in any way. 4. the employer is not able to for any way to coerce the worker to the payment of debts, not being able to the payment of the wage to be done in the the worker's creditors' presence. Article 175. (payment of the part no financial) 1. the part no financial of the wage, when it exists should be destined to the satisfaction of the worker's personal needs or of theirfamily and it is not able to, for any effect, superior value to be attributed to the current in the area. 2. the part no financial of the wage it is substituted by the current value since the formless worker the employer until 15 days before the date of the payment that it intends the wage to be just paid him in money. 3. it is prohibited the payment of the wage in drunk alcoholic, drugs or you nourish psicotrópicas judge.

Article 176. (period of payment expiration) 1. the obligation of paying the wage expires for right and same periods, salo the determination in the following numbers, they are the month, the fortnight or the week
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and it should be satisfied on time until I finish him/it working day of the period the one that refers during the normal hours of work. 2. the paid worker with wage-schedule or contracted diary for a task of short duration, is paid every day after the term of the work. 3. being treated from the paid work to the piece or for task, the payment is made after having concluded each piece or task, excepto if the respective execution lasts more than four weeks, case in that the worker in that the worker should receive in every week a progress no inferior to 90% of the guaranteed national minimum wage, being integrally pays the following week of the cleaned difference the conclusion of the piece or task. 4. the acquired commissions in the course of one quarter should be pays during the following month to the term of this quarter. 5. the profit sharing accomplished during an exercise must pay in the course of the subsequent quarter to the apuramento of the results. 6. in case of ceasing of the contract of employment, the wage, the indemnizações and of more values owed the worker is the one that I title goes, they are pagos inside of the three subsequent days to the ceasing. 7. in case of litigation under the determination of the values can the judge, by application presented by the employer in the three following days to the of the verification of the litigation, to authorize the temporary retention of the values to exceed them admitted by the employer or being treated of base wage, of the part that exceeds the value made calculations from I finish him/it period comprovadamente pay, with the base of calculations that was for determination of that. 8. Excepto the determinations in no.s1 and 6 of this article, the workers absentees in the day of wage payment the values that are them can get up due in any subsequent day, inside of the normal hours of file.

Article 177. (payment place) 1. the payment of the wage should be made at the worker's place renders theirwork or in the services of payment of the employer if they be placed in the neighborhood of the workplace, except for if in another way it be wakened up. 2. having been wakened up the several place for the payment of the wage, he/she is considered time of service efectivo the time spend for the worker to move to this place. 3. the payment of the wage cannot be made in establishment of sale of alcoholic drinks, houses of games or center of amusement, except for to workers of the referred establishments. Article 178. (payment document)
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1. the payment of the wage is proved by receipt signed by the worker or, if it goes illiterate, for two witness for if chosen, fingerprint or if employer uses leaves collectives of wage payment, the worker's peak signature or of the witness in the part that corresponds him/her. 2. the receipt or the leaf collective of wage payment should identify the employer, the worker's full name, number of beneficiary of the social security, period the one that respects the payment, discrimination of the importances pay, all of the discounts and done deductions, as well as value liquidates total pay. 3. in the acto of the payment or before this, when made the second one of the modalities allowed in no.1 of the article 174. , to the worker a copy of the receipt is given or, if the payment be made second one of those modalities or with use of leaf collective of wage payment, a payment bulletin containing all of the references demanded in the previous number 4. if the worker before having elapsed him/it period of the prescription, to complain against the employer for lack of the wage payment, one supposes the non payment, in an undeceivable way, if the employer, except for the case of larger force, not to present the receipt or the leaf collective respeitante to the claimed value. 4. in the lack of imputation of the importances you pay to other provisions or complements, he/she presumes her that such values respect to the wage of the worker's base.

Section IV Compensation and discounts on the wage Article 179. (lawful discounts) 1. and forbidden to the employer to proceed the compensation of credits that you/they have on the worker the wage due to these or efectuar any discounts or deductions, except for the determination in the numbers and following goods. 2. the employer should deduce in the wage or discounts in favor of the state of the social security or of other certain entities for law, for sentence injulgado or for agreement ratified judicially when it has been notified of the decision or of the ratified agreement. 3. on request the worker's writing, employer should deduce in the wage the amount of the quota for theirunion. 4. the employer can discount in the wage the price of the supplied meals, of the use of telephones and other equipments and matters, of the supply of géneros alimentary, other goods or services requested by the worker and that it has been supplied to credit, as well as other expenses efectuadas at the request of the worker, since it is treated of supplies that don't give the wage, in the terms of no. 1 of the article 173.

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5. equally they can be discounted in the wage the amortizations of loans granted by the employer, for construction, repairing, improvement or house acquisition or of other goods preceding the authorization of the Inspection-general of work. 6. they are also deduced in the wage of the values of the progresses and other payments done by the employer at the request of the worker, which are not able to, without authorization of the general Inspection of the work to exceed the amount of three base wages.

7. the credits of the employer the one that refers the n ses 4 to 6 of this article is not able to, in theirgroup, to be superior to 25% of the net wage of taxes and other certain discounts for law.

Article 180. (Forbidden discounts) They are not able to, in any in case efectuar-if about the wage discounts or deductions destined to guarantee to the employer and their representatives or to a middleman a payment directo or indirecto the obtaining or job maintenance.

Article 181. (credits of employers) Any credits of the employer on the worker that you/they don't fill out the determinations in the n ses 4 to 6 of the article 179. cannot be object of compensation of the wage without sentence in having judged or I wake up ratified judicially that you/they recognize them, being in such an applicable situation the determinations in no. 2 of the same article Article 182. (dispositions and null terms) 1. they are null the dispositions of the conventions collectives or contract of employment that allow any discounts or deductions besides the established ones in the article 179. or that you/they increase the limits of the deduction. 2. the values discounted in the wage in violation of the determination in this section win interests the legal tax that the tribunal can worsen double even, from the date in that should be pagos and they can always be claimed until one year after the contract term. Section V Protecção of the wage
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Article 183 (warranties of the wage in case of bankruptcy or insolvency) 1. in case of bankruptcy or insolvency of the employer the salary provisions or due indemnizações to the workers has preference on any other credits on employer, including credit of the state or of the social security and they enjoy of the I privilege furniture and real estate, in the following limits a) THE limit of the minimum values fastened in the law or in convention collective of the work, being treated of salary provisions, expired in the course of the six months previous opening of the bankruptcy process; b) THE limit of the values made calculations in the terms of the law, being treated of indemnização, expired to three months before the opening of the bankruptcy process; c) The limits fastened by the law, being treated of salary provisions or due indemnizações in moments previous to the fastened in the subparagraphs a) and b) of this article, if the respective judicial acção have been proposed before the opening of the bankruptcy process. 2. the credits preferentes mentioned in the previous number if recognized, they are pagos integrally or, if the património is insufficient to guarantee the totality of all the workers' credits, by sharing of the value of the património, before the other creditors can be pagos. 3. the workers' credits that don't fill out the defined requirements in no. 1 of this article should be claimed in the bankruptcy process or insolvency and if recognized, they should be graduate and pagos in the terms of the civil law and of the civil action. 4. whenever the credits the one that refers no. 1 of this article are guaranteed and pagos for an institution or salary guarantee fund, is this surrogate one in the rights that it checks no. 2 of this article to the worker. Article 184. (penhorabilidade of the wage) 1. to the amount of the legal minimum wage the base wage is impenhorável. 2. in the part that exceeds the legal minimum the wage it is penhorável in 25% of the respective value, equal penhorabilidade limit being applied the other worker credits by provision and salary complement or indemnizações. 3. the limit fastened in the previous number can, for the judge and tends in attention the needs of the worker's family to be high up to 50% in the case of the garnishment if it destines to guarantee debts of foods or of attendance in the worker's disease or of theirfamily. Article 185. (he/she gives up the wage during the validity of the contract) 1.A signature of a receipt or bulletin colectivo of wage payments for the worker, during the validity of the relationship legal and employment, theirprotest nor reservations, it is not worth how he/she gives up the payment of the totality or it breaks of the wage, other provisions and salary complements that you/they are him/her due for disposition legal or conventional, not being him/her oponível the expression for balance of any credit or any other equivalent expression for itself signed.
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2. the agreement of the transacção on the value of the due wages to the worker been celebrated during the validity of the relationship legal and employment, it is only been worth if ratified judicially or for the president of the provincial organ of conciliation of the work. Article 186. (prohibition of the section of the wage) 1.O worker cannot give up theircredit of wages title her free or onerous. 2. they are null the stipulations for the which the worker gives up the right the wage or in that he settles down the free provision of the work or she make to depend on the payment of the wage of any facto of uncertain verification. Article 187. (prescription of the wage credits) 1. the credits of wages, other provisions and salary complements or indemnização prescribe in the period of two counted years of the date in the respective right was expired, never after having elapsed a counted year of the following day to the of the ceasing of the contract. 2. the period of prescription however, it is suspended a) with the recunhecimento written by the employer of the I credit and theirvalue; b) with the citation for judicial acção in that I credit is it claimed, or with the notification for it endeavors her conciliatory for the same effect promoted by the the provincial organ of conciliation of the work. Section VI Economatos Article 188. (concepts and operation rules) 1.concidera-if economatos or tavern any organization of the employer destined right or indirectly the sale or supply of alimentary géneros and primary products to the workers for their needs personal, normal or of their families. 2. the economatos existence is become pregnant since a) the workers are not forced her use them; b) the sale or merchandise supply is made without profits; c) the accounting is completely autónoma and it subjects to the I control of a commission of elect fiscalization for the workers and composed from three to five members. 3. the price of the goods put for sale should be stuck in a readable way. 4. the sale of drunk spirituous it is prohibited. 5. not having economato is prohibited in the work centers any other form of I trade destined to the worker, managed by the employer. 6. the prices of the supplies made to the worker through economatos can, with the workers' agreement to be discounted in the wage until a superior percentage to the established limit in no.8 of the article 179. , more no superior to 50%, second approved outline for the general Inspection of work. Article 189. (installation and closing)
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1. the installation of an economato this subjects to the authorization foresaw of the minister of work protection under seeming of the Inspection-general of work 2. obtained the authorization the employer is forced to assure the imitation of the economato and to facilitate theiroperation, supporting the respective fixed responsibilities. 3. if in a ray of 10 kilomêtros of the work center no registarem establishments or sale organizations the scrap of alimentary géneros of first need and in him to work more than 200 workers, the minister of work protection can for ruling and preceding of based proposal of the general inspector of work, to determine the installation of an economato for the satisfaction of the needs the one that refers no.1 of the previous article. 4. without damage of the I control the one that refers the subparagraph c) of no.1 previous article, the operation and the accounting of the economato they are supervised by the general Inspection of work that, in case of violation of the determinations no.s 2 to 5 of the previous article, can determine the temporary closing, for a period of one to two month. 5. in cases of residence in violations that check the right to determine the temporary closing, it can the minister of work protection, under based proposal of the general inspector of work to determine the definitive closing of the economato or theirtransfer for the administration of a consumer cooperative if the economato have been installed in the terms of no.3 of this article. Article 190. (consumer cooperative) 1. the workers' of an employer consumer cooperatives can be created or of several employers of the same area managed by an elect commission by the workers and they work in the terms of the mercantile law and of the regulations that come to be approved for the ministers of protection of the work and of the I trade. 2.os employers should encourage the creation of such cooperatives and to render the necessary collaboration to theirnormal operation namely supporting the respective fixed responsibilities, in proportion of the respective humerus of workers that you/they can use them. 3. they are applied to they apply them her the consumer cooperatives the determination no.s2, 3 ,4 and 6 of the article 188. Section VII The workers' other rights economics Article 191. (the moved worker's right) 1. in the cases in that the worker is contracted to work at several place of the one of theirhabitual residence, the one distances that he forces the installation of new residence for the time of duration of the relationship legal and employment, the employer is forced to assure a) the worker's transport and of theirfamily, if the to accompany or to join him/her, in the trips of I begin and term of the execution of the contract, as well as in the
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corresponding trips you hurt them annual, if funny in the place of the habitual residence; b) THE enough lodging for the worker and theirfamily, in appropriate conditions and respecting the necessary hygiene measures and sanitary and another that are established in own regulation; c) THE clothing and the coat adapted the climatic conditions of the workplace if the worker has habitual residence in areas with different conditions; d) Other conditions feeding namely, that consist of the contract of employment or that you/they are defined in own regulation. 2. in the cases in that the worker is not able to, comprovadamente or for the removal of the work center in relationship in the commercial establishments to be superior to 10 quilómetros, to obtain for itself, for theirfamily, a regular provisioning of alimentary géneros of first need, the employer is forced to assure this provisioning. 3. the warranties established efectuadas in no.1 can, on request the worker's writing, or by the authorization of the general Inspection of the work, to based application of the employer, to be substituted by the respective financial compensation. 4. the right to the transport, the one that refers the subparagraph a) of no.1 of this article, it is regulated by the determination in the article 196. 5. he/she understands each other for the worker's family, for effects of this law, the spouse and the smaller children than with him they habitually live. Article 192. (dining halls and kitchens) 1. in the work centers, that you/they habitually use a superior volume of workers to a limit to define in regulation specifies or whenever that is certain for the minister of work protection, dining halls or kitchens should be exploded, where the workers can take the coincident meals with the period of daily work or to make the same meals. 2. to the operation of the dining halls and kitchens it is applicable the determination no.2 of the article 189. , as the fixed responsibilities. Article 193. (characteristics of the feeding) 1. the workers' feeding, wants integrated of the wage, he/she wants pays for the same or supplied in length of dispositions legal or contractual should be healthy, varied, enough and made with géneros of good quality, should respect strictly not only what be determined in the regulations of health and hygiene, with the instructions that, in writing be given by the general Inspection of work and for the sanitary authorities. 2. the meals supplied in the work center can include drunk made drunk, being prohibited the inclusion of alcoholic drinks. 3. whenever the feeding should be pays for the worker, it is applicable the determination no. 6 of the article 188. Article 194 (substitution of the feeding)
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In the cases in that the workers have been moved or transferred and the respective families or have accompanied or if they have them together, if the feeding is part or duty to be supplied, for force of the law or of the contract, the workers are entitled to the respective substitution for the supply of alimentary géneros, the they be lifted up weekly, in enough amount, proportional to the number of people of the family.

Article 195 (I return of the worker)

1. the moved worker, in the defined terms in no. 1 of the article 191. , he/she is entitled to return for the place of theirhabitual residence to the date of the constitution of the relationship legal and employment, when he/she extinguishes. 2. this right includes the relatives that in the terms of the law, have accompanied him or come her to help, as well as of the respective objects and goods of normal personal use. 3. in case worker doesn't intend to return inside of the two subsequent weeks to the conclusion of the contract and except for the agreement in opposite, he extinguishes the established right in the previous numbers. 4. the right of the worker's return is still obligatory for the employer a) In the worker's case, by accident or disease, to be disabled for the acting of theirwork, with carácter definitive or temporary of long duration, tends, in this last case place, as soon as immediately authorized; b) If the contract of employment is null, to expire for any reason in the course of theirexecution, or to cease for any other reason no imputable to the worker; c) If the contract ceases before theirterm, for imputable facto to worker the return costs are distributed between the employer and the worker, in the proportion of the time in that it was been in execution. 5. in the worker's case death or of a relative that accompanies him, in the terms of the article 191. , it is of the responsibility of the employer the return of the mortal remains of the died.

Article 196. (content of the right to the transport)

1. in the return trip, as well as in the one of departure for the place of work provision, the one that in the terms of the article 191. the worker is entitled, should supply him/her and to theirfamily necessary feeding, as well as the lodging in that you/they are necessary because of the duration of the trip, whenever the course and the means of transportation are certain for the employer.
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2. if the worker uses a course and a means of transportation several of the certain ones for the employer, this doesn't owe that but that what would spend with the use for itself certain. Chapter IX Suspension of the relationship legal and employment Section I General dispositions Article 197. (notion)

The suspension of the relationship legal and employment whenever with temporary carácter, the worker is impeded of rendering theirwork for factos that respect him/her but it is not him/her imputable, or the impeded employer or released of receiving the same work.

Article 198. (effects of the suspension)

1. during the suspension period, except for expressed disposition in opposite, they interrupt the rights and duties in the relationship legal and employment, inherent to the efectiva work provision, staying, however, the respect duties and loyalty. 2. during the suspension period, for facto respeitante to the employer, it is allowed to the worker to exercise the paid professional activity for another employer.

Article 199. (other effects of the suspension) 1. the period of the suspension is counted for effects of the worker's antiquities, that the right is conserved to the workplace. 2. the contract of employment, however, it expires and the relationship legal and employment he/she extinguishes, when if it turns right that the impediment is definitive. 3. being the contract of employment for certain time, the suspension doesn't impede the respective extinction for continuation of the period or verification of the generating facto of the caducity.

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Article 200. (the worker's presentation) 1. certain the cause of the suspension, the worker should come to the employer to retake the work in the previous conditions, under penalty of the contract to extinguish. 2. the worker's presentation should be verified in the 5 following working days to the term of the cause of the suspension, except for the cases expressly referred in the goods 204. and 209. 3. the employer is forced to integrate the worker in theirworkplace or in equivalent position.

Article 201. (normal applicable)

1. to the suspension of the contract relative facto to the worker is applied for especially to dispositions of the following section. 2. to the suspension of the contract for relative facto to the employer is applied, especially the dispositions of the section III of this chapter. Section II Suspension of the contract on the part of the worker Article 202. (generators of the suspension) 1. they are considered factos didn't impute but relative to the worker, impeding of the provision of the work a) Provision of military service, of substitutive civic service and obligatory periods of military instruction; b) it Alters and occupational disease or natural; c) License of maternity; d) position Exercise politicizes, for election and of direction functions or trust in that public companies, since the position or functions are exercised in exclusiveness regime; a) Preventive detention or placement to the disposition of the organs judge or of criminal instruction, while there is not conviction. f) Exercise of syndical functions in whole time; g) punishment by confinement Length to one year, for crime that is not harmed and employer and that it doesn't respect the work provision; h) Other impeding cases of temporary larger force of the provision of the work. 2. the suspension is verified as soon as the impediment is prolonged for more than 30 following days, but he/she begins before as soon as if it turns right that the impediment has superior duration to that period.

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Article 203. (effects of the relative suspension to the worker)

1. the suspension of the contract implicates the loss of the wage right starting from theirverification. 2. the rights accessory of the workers as the lodging supply they stay without there being place to theirsubstitution for money. 3. during the first six months of the suspension period the worker continues to benefit of the attendance practices medicine that it is rendered by the employer to their workers. 4. the effects of the suspension regulated in this section in the right to vacations are the established in no.3 of the article 137. Article 204 (the worker's presentation) 1. it finishes the cause of the suspension, the period of presentation to the work foreseen in no.2 of the article 200, it is enlarged for 12 working days in the case of military service and compared situations and of other situations that he/she has result duration impediment no inferior to 12 months. 2. in the moment of the presentation to the work, the worker gives to the employer the document comprovativo of the date of the ceasing of the impediment. Article 205. (the worker's substitution) The employer can, if understanding, to hire other worker to carry out the worker's functions with the suspended contract being such a contract been celebrated by certain time, to uncertain term in the terms of the subparagraph a) of no.1 of the article 15. Section III Suspension of the contract for relative reasons to the employer Article 206. (generated causes of the suspension) The suspension of the contract of employment for relative facto to the employer is verified whenever it is impeded temporarily or released of receiving the work of all or it leaves of the workers of the company or work center for a) Verification of reasons of the situation, reasons economics or technological of temporary duration;

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b) Calamities, accidents and other situations of larger force, as the interruption of the supply of energy or of raw materials that force to the temporary closing of the work center or the temporary decrease of the laboração; c) Summons or mobilization of the employer in individual name in the terms of the military laws; d) temporary Closing of the establishment for works, for installation of equipments or by order of the competent authorities; a) Other foreseen situations and regulated in special legal disposition. Article 207. (effects of the relative suspension to the employer) 1. the situations referred in the subparagraphs a), b) and a) of the previous article they are regulated by ordinance. 2. the situations foreseen in the subparagraph c) of the previous article they are governed by the following rules a) Communication the general Inspection of work and to the center of job of the area of the work center, to the I begin of the suspension of the provision of the work, theiroccurrence and causes; b) Continuation of the payments of the workers' wages for a minimum period of two months c) I finish the period foreseen in the previous subparagraph, whenever the establishment had not retaken the normal operation, the employer, if he/she doesn't continue to pay the wage, he/she can declare the extinct contracts for caducity, paying to the workers a compensation made calculations in the terms of the article 262. ; d) the employer can deduce the values that the worker receives, in the wages the one that refers the subparagraph b) in the same period, for any other paid professional activity that starts to exercise; a) communication to the general Inspection of the work and the center of job of the caducity of the contract in the three following days to that in that it was communicated to the workers, with indication that you/they were pagos or put the workers' disposition the compensations the one that refers the subparagraph c) of this I number. 3. the willing of the I number previous it is not applied whenever the establishment continues in operation, same when it is verified him/it willing of no.3 of the article 71. 4. the situations foreseen in the subparagraph d) of the previous article they are governed by the following rules a) The workers maintain right to the wage for every period of duration of the temporary closing ties the limit of six months; b) I Finish the period foreseen in the previous subparagraph always the establishment has not retaken the establishment has not retaken the operation the employer can declare the extinct contracts for caducity paying the indemnizações made calculations in the terms of the article 261. c) foreseen Them in the subparagraphs a),d) and a) no. 2 of this article.

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Article 208. (effect in the right hurt her)

The suspension situations the one that refers this section no afectam the right hurt her whose the duration is, for that effect, considered time of work efectivo.

Article 209. (ceasing of the impediment)

Interrupted the impediment, it owes the employer to notify the workers whose the contract is suspended, for half appropriate, to retake the work, being counted of the date of that modification the period of presentation the one that refers no. 2 of the article 200. Article 210. (preference in the admission)

1. in the period of a counted year of the date of the caducity of the contract, in the terms of the subparagraph c) of no. 2 and of the subparagraph b) of no. 4 of the article 207. , the workers, whose contracts have expired, he/she has preference in the admission for completion of the vacancies that open up in the work center or company for which have appropriate qualification. 2. for exercise of that preference, it owes the employer to inform, in writing, the workers dismissed that you/they possess those qualifications, for us to exercise theirright inside of the two following weeks the notification. 3. in the lack of that notification, the workers with priority are entitled to an indemnização of a, two or three months of wage that gained the date of the caducity, as the contract has lasted up to two, from two to five or more than five years. Chapter X Extinction of the relationship legal and employment Section I General dispositions Article 211. (job stability)

1. the worker is entitled the job stability, being prohibited to the employer to extinguish the relationship legal and employment with ceasing of the contract of
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employment, for foundations no foreseen in the law or with inobservance of the dispositions of this chapter. 2. contract of employment can cease for a) Causes objectivas, strange the will of the parts; b) voluntary Decision of the two parts; c) unilateral Decision of any of the parts, oponível the other 3. tends contract of employment been constituted by nomination, he/she extinguishes for discharge.

Article 212. (caducity of the contract for cause objectiva)

1. the contract expires for cause objectiva, it alienates the will of the parts, in the following situations a) Death, total and permanent incapacity of the worked or more permanent than it disables of continuing to render theirwork; b) it Reforms of work for old age; c) Death, total and permanent incapacity or reform of the employer, when of her it results closing of the company or ceasing of the activity; d) Bankruptcy or insolvency of the employer in extinction of theircorporate entity; a) the worker's Condemnation for sentence in having judged, the feather of the superior prison to one year or independently of theirduration in the foreseen cases of the law; f) Casualty or of larger force than it disables the provision or the reception of the work definitively. 2. the caducity for cause objectiva is regulated in the section II.

Article 213. (ceasing of the contract for voluntary decision of the parts)

1. the contract ceases for voluntary decision of the parts of the following situations a) Caducity of the contract for certain time, for term of the fastened period or for conclusion of the work or service so that it was been celebrated; b) because of the terms established validamente in the contract, except for if they constitute manifest abuse of process of the employer; c) Mutual agreement, in the validity of the relationship legal and employment. 2. the ceasing of the contract for the reasons described in the previous number is regulated in the ceasing III.

Article 214.
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(rescission of the contract for unilateral decision)

1. the rescission of the contract for decision of the employer is regulated in the excepção IV, in what it is respected to the individual dismissal and in the section V, in what it respects the dismissal colectivo. 2. the rescission of the contract for the worker's initiative is regulated in the section VI. Article 215. (ceasing of the contract for discharge) The worker's discharge is regulated in the section VII.

Article 216. (indemnização or compensation)

The indemnizações or due compensations to the worker, in the cases in that he/she gives the ceasing of the contract results the right to be indemnizado or compensated by the extinction of the relationship legal and employment they are established in the section VIII. Article 217. (work certificate) 1. when interrupting the contract of employment, be which is the reason or the form, the employer is forced to give to the worker the work certificate indicating the admission dates to the service of contract ceasing the nature of the function or functions exercised during the validity of the contract and the worker's professional qualification. 2. the work certificate cannot contain any other references, except for if tends them the requested worker. The employer accepts mention them, since it is just treated of the appreciation of the worker's professional qualities. 3. a copy of the certificate is, for the employer, sent to the center of job of the area of the worker's residence. Section II Caducity of the contract for causes objectivas Article 218. (caducity for the worker's old age) 1. the worker that he/she leaves the service when reaching the reform legal age for old age acquires the right to a calculated compensation, in function of theirantiquity in the established terms in the article 262.
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2. if, for agreement, same tacit, between the employer and the worker, this continues to render work, the contract raisin successively to be in force for the period of six months renewed, to the moment in that any of the parts wants to do him to cease. 3. caducity of the contract in the situation referred in previous no. that it is subject to written notice, in advance of 30 or 15 days, in relationship of the initial period or of a renewal period. As the initiative is of the employer or of the worker. 4. in this case and for determination of the value of the referred compensation of no. 1, the successive periods, of maintenance of the worker to the service add the antiquity verified in the legal age of the reform.

Article 219. (Caducity for facto respeitante to the employer) 1. the caducity of the contract for the reason the one that refers the subparagraph d) of no.1 of the article 212. , it checks the worker the right the indemnização, made calculations in the terms of the article 264. 2. the caducity of the contract for the referred in the subparagraphs c) and f) of no.1 of the article 212. , it is compared, for effects of the compensation the situation regulated in the previous article, since it is employer that is unable of receiving the work. 3. the caducity is not verified whenever the establishment or company continues in activity being applied, in this case the determination in the goods 71. and following. Article 220. (Caducity for bankruptcy or insolvency) 1. in case of adjudication of bankruptcy or insolvency and in as the establishment or company doesn't go definitively contained, the contract of employments are going expiring, with application of the determination in the n- 1 of the previous article as the exercise of the workers' functions stops being indispensable to the respective operation. 2. while the establishment or company to continue the administrator of the failed mass to work it is forced to accomplish for the workers that continue to render work, the obligations would stamp that you/they are going expiring from the purposed of the acção. Section III Ceasing of the contract for agreement of the parts Article 221. (caducity of the contract of employment to term) The caducity of the contract of the work to term, certain or uncertain it is governed by the willing of the goods 15 to 18. Article 222.
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(ceasing of the contract for mutual) 1. the the whole time can the parts to do to interrupt the contract of employment, for time certain or uncertain, since they make him/it in writing signing for the two parts under penalty of nullity. 2. the agreement writing should identify the two parts and to contain the expressed declaration of ceasing of the contract, the date in that the ceasing should produce effects and the date of the celebration, being able to the parts to establish other effects I don't contradict in the law. 3. the agreement is made with having duplicated, being with each one of the parts with a copy. 4. if in the agreement some be established compensation the in favor of the worker, he/she should pronounce the date or dates of the respective payment, understanding each other that it doesn't include the credits that the date of the ceasing exists the in favor of the worker nor the ones that the theses are due as a consequence of the ceasing, except for if I contradict to consist him/it expressly of the agreement that fastens the compensation. Section IV Individual dismissal for just cause SUBSECTION I General principles Article 223. (notion) He/she is considered individual dismissal the rupture for uncertain time or for certain time before theirterm, after having concluded the pernudo of experience, whenever it results of unilateral decision of the employer. Article 224. (just cause modality) 1. the dismissal can only be resolved validamente with foundation in just cause as such, being considered her practices of infracção to discipline serious for the worker or the occurrence of reasons verifiable objectivamente, since in the or other in case if it turns practically impossible the maintenance of the relationship legal and employment. 2. the individual dismissal for just cause for infracção to discipline serious of the worker this subjects to the determination in the SUBSECTION II. 3. the dismissal for just cause for reasons verifiable objectivamente and regulated by the disposition of the SUBSECTION III. SUBSECTION II Dismissal to discipline
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Article 225. (just cause) They constitute namely, just cause for the dismissal to discipline, the following infracções discipline of the worker a) unjustified Lacks to the work since they exceed three days a month or twelve a year, independently of theirnumber, since they are damage cause or serious risks for the company known of the worker. b) Breach talent working hour or punctuality lack no authorized for the employer, more than five times a month of the absence period it exceeds 15 minutes of every time, counted of the I begin of the period of the I begin normal of work. c) Disobedience serious or repeated to orders and instructions legitimates of the superiors and hierarchical and of the responsible for the organization and operation of the company or work center. d) repeated Indifference for the length of the inherent obligations to the position or functions that are attributed him/her; a) Offenses verbal or physical to workers of the company, to the employer and their representatives or to the hierarchical superiors; f) serious Indiscipline, disturbing of the organization and operation of the work center; g) I Steal, robbery, breach of trust defrauds and other big ones practiced in the company or during the accomplishment of the work; h) Break of professional secrecy or of secrets of the production and other cases of infidelity, that you/they result serious damages for the company; i) Damages caused intentionally or with gross negligence, in the facilities, equipments, work instruments or in the production, and that you/they are reduction causes or interruption of the productive process or serious damage for the company; j) involuntary Reduction of the earned income, tends for reference the established goals and the habitual level of the income; k) I Bribe activo or passive and corruption related with the work or with the goods and interests of the company; l) you Intoxicate habitual or poisonous-dependence that you/they are echoed negatively of the work; m) Lack of length of the rules instructions of safety in the work, and hygiene lack, when they are repeated or, in the last case, they give place to you complain justified of the work companions. Article 226. (procedure to discipline for the dismissal) The procedure to discipline for application of the dismissal disciplinary measure it is subject to the determination in the goods 50. and following, completed with the following dispositions a) In the interview the one that refers no. 1 of the article 51 can the worker to indicate up to five witness, whose audition the employer should proceed, could be present, if
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wanting, the companion of the worker the one that refers the subparagraph c) of no. 2 of the article 50. ; b) THE period for application of the disciplinary measure established in no. 1 of the article 52. is counted of the date of audition of the last witness, if they have been suitable for the worker. Article 227. (special protecção against the dismissal) 1. they are objects of special protecção against the dismissal a) The workers that exercise or have exercised syndical leader's functions, of syndical police officer of the workers' representative order member; b) The women included by the protecção regime in the maternity; c) The old combatants in the definition given by the subparagraph a) of Article.2 of the ordinance no.28/92, of June 26 d) The smallests a) The workers with work capacity reduced with same or superior degree of incapacity to 20%. 2. to the workers the one that refers the subparagraph a) of the I number previous, the one that the deliverer decides to establish the procedure to discipline for the dismissal, it is especially applied, the willing of no.3 of the article 52. in I number him/it 2 of the article 55. , of the subparagraph c) of no.1 and in no.2 of the article 59. and in no.s 2 and 3 of the article 60. 3. if the procedure disciplines be established an old combatant and so known quality of the employer or it be communicated him/her documentalmente until the moment of the interview the one that refers the article 51. , the procedure to discipline it is suspended after the socket of decision the one that refers no.1 of Article52. if it goes in the dismissal sense, being followed the following ones have; a) it Copies of the worker's summons for the interview and of the communication of the dismissal that the employer intends to send to the worker in the terms no.3 of the article 51. they are sent immediately to the Inspection-general of the work on the registo or protocol; b) If the Inspection-general of work in the period of 10 counted working days of the sending of the documents, anything to communicate to deliverer or if it doesn't oppose to the dismissal, it is able that to maintain the decision with the delivery or sending to the worker of the communication to the that refers mentioned him/it no.3 of the article 52. ; c) If the Inspection-general of the work if it opposes fundamentally to the dismissal, the deliverer in the case of not accepting the decision can claim for the minister of protection of the work, that it should solve in definitive, in the period of 30 days, understanding each other that you/they are not opposed her swims be communicated to the employer inside of this period. 4. if the worker is afectado in theirwork capacity, in the terms of the subparagraph a) of no.1 of this article it is applied in the case of the dismissal to seek any of the categories of you work referred in the subparagraphs b) and d) of no.1 of this article.
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Article 227. (Nullity of the dismissal) 1. the dismissal and null whenever to the worker it is not sent or give the summons for the interview the one that refers no.2 of the article 50. , whenever this it is not used by the worker's fault or whenever to the worker it is not made the communication of dismissal of the terms of no. 2 of the article 52. 2. it is equally null the dismissal that has for foundation a) The opinions political, ideological or the worker's nuns; b) the filiation or no syndical filiation in certain union; c) Any other reason that in the terms of the article 3. and of the subparagraph; d) Of no. 2 of the article 20. it is based of descriminação. 3. when dismissal is null, the employer is forced to proceed to the worker's reintegration and to pay him/her the wage and complements that this stopped receiving to the reintegration. 4. in spite of the determination in previous no., it can the employer, in the case of no. 1 of this article, and before the reintegration, to repeat the procedure to discipline up to 5 working days after declaration of the nullity of the dismissal. 5. in the situation foreseen in the previous number, the employer is forced to pay the wages and the complements that the worker stopped receiving to the moment of the communication of the new dismissal decision, if it maintains her. 6. the nullity of the dismissal is declared by the tribunal in the terms of the goods 306. and 316. Article 229. (unfounded dismissal) 1. if the tribunal declares the unfounded dismissal, for sentence in having judged, it owes the employer to proceed to the worker's immediate reintegration in the workplace, with the conditions that it benefitted previously or, in alternative, I indemnizá-scan in the established terms in the article 265. 2. if the worker doesn't intend to be reinstated, he is always entitled to the indemnização the one that refers the previous number. 3. besides the reintegration or indemnização foreseen in no. 1 of this article, they are always owed the worker the base wages that it would have received if it was to render the work, to the date in that he/she obtained new job or to the date of the traffic in judged of the sentence, if previous to the new job always with maximum limit of nine months of wage. SUBSECTION III Individual dismissal for causes objectivas
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Article 230. (foundations)

Happening reasons economics, technological or you structure properly proven that implicate reorganization or conversion interns, reduction or activitys closing and of these factos they result the need to extinguish or to transform in way substantial workplaces, it can the employer to promote the workers' dismissal to occupy those put. Article 231. (procedures for the individual dismissal) 1. the employer that intends to promote the dismissal with foundations referred in the previous article, since the number of workers to dismiss is inferior to five, they should send to the workers' written communication representative organ indicating, in a detailed way a) The reasons económicas, technological or you structure that impose the organization, reduction or closing and the description of this; b) The workplaces afectados, with indication of the number of workers that you/they act and of the respective professional qualification; c) the possibility or impossibility of transferring those workers, in the whole or partly, to other existent workplaces or to create, for force of the reorganization and for which the same or identical professional qualification is demanded and that he/she is entitled to wage same or superior. 2. the communication is accompanied of the picture of personnel of the work center discriminated by sectores or services. 3. the workers' representative organ has seven working days to emit theiropinion based in writing, analyzing the invoked reasons and intended measures, and could suggest concrete solutions of relocation of the workers afectados or of the reduction of the number of workplaces to suppress or to transform. 4. before emitting the opinion, but without resulting enlargement of the period, it can the representation organ to request an establishment meeting with employer, owing this being accomplished inside of two working days. 5. in the delivery lack of seeming writing to the employer, in the period referred in no. 3 understands each other that the representation organ accepts the described reasons. 6. being the unfavorable opinion, the employer, if it maintains the intention of proceeding to the extinction or workplace transformation, it should present authorization request to the services provinces of the ministry of protection of the work, competent in the area of the relationships collectives, making to accompany the request of copy of the communication driven to the workers' representative organ, of the opinion for this emitted, and still of the picture of personal.
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7. the provincial representative of the minister of protection of the work has 10 working days to decide, understanding, in the case of communication lack based the employer inside of this period, that is not opposed to the intended measure. 8. if the provincial representative of it opposes, it can the employer to complain for the competent national director in the area of the relationships work collectives, that he/she decides in definitive, in the period of 15 counted days of the presentation of the complaint understanding each other that he/she assisted her, if in that period nothing be transmitted to the employer. 9. the determinations in the n ses 6 and 8 of this article are applied, with the necessary adaptations, in the case of in the company or work center not to be constituted the workers' representative organ, owing the employer to refer such circumstances in the authorization request. Article 232. (notice) 1. not having opposition to the extinction or transformation of the workplaces, in the defined terms in no.s 3,5,7 or 8 of the previous article, the employer sends to the worker or workers that occupy the workplaces to extinguish or to transform dismissal notice, in advance low of 60 or 30 days, as the workers are pictures and medium technician and superiors or from another professional groups. 2. the notice should mention the date in that contracted of the work it ceases to be accompanying of copy of the communication the one that refers no. 1 of the previous article.

Article 233. (criterion of job maintenance) 1. in the workers' determination to dismiss and in case it is not treated of the closing of the service or establishment, the employer should respect the following criteria preferably in the job maintenance a) The most qualified; b) In case of qualification equality, the oldest. 2. for the ends of the subparagraph b) of the previous number, the worker's antiquity is added of one year by the spouse or person, that, comprovadamente, with him lives in facto union and of one year for each 14 year-old smaller son. 3. the old combatants' dismissal and of workers with work capacity reduced, with a capacity degree same or superior to 20%, it is subject the authorization of the general Inspection of work, in the terms established in the. 3 of the article 227. 4. in any case it is not able to the employer to promote the workers' dismissal with contract of employment for uncertain time while there are workplaces of same or identical functional demands occupied by contracted workers by certain time. Article 234.
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(attitudes of the worker face to the notice) 1. during two counted weeks of the reception of the notice, it can the worker a) to Refute the form of application of the criteria referred in the previous article, indicating the workers or worker that should proceed him in the ceasing of the contract; b) to Mention the eventual existence of the other workplaces for which it considers to be transferred, even if of inferior wage, declaring, in this case, theiracceptance of that wage. 2. if the worker has used of the university that checks him/her the previous number, it owes the employer to consider the assumed position, and, in the 5 following working days, to answer, accepting the reasons or the worker's proposals or maintaining the dismissal intention. 3. if the employer maintains the dismissal intention, the contract of employment ceases in the constant date of the notice, being able to the employer advanced this date by the payment of the wage of the notice period in lack. Article 235. (the worker's rights) 1. during the notice period, the worker is entitled to 5 working days of paid dismissal to seek work, could use this pantry in a distributed way or for only one time by communication to the employer ties a day previous to the I begin of each absence. 2. the worker dismissed in the terms of this SUBSECTION has preference in the readmission of the company, for workplace that comes to be vague and so that it possesses qualification in the course of the 12 months following. 3. for effects of the previous number, the company should accomplish the determination in no. 2 of the article 210. , under commission of no. 3 of the same disposition. Article 236. (compensation)

The worker dismissed in the terms of that SUBSECTION has right to a compensation made calculations in the terms of no. 1 of the article 261. Article 237. (judicial resource of the dismissal) 1. the worker can appeal judicially of the dismissal with any of the following foundations a) authorization Lack for the reduction or alteration of the workplace; b) transfer Refusal to another existent workplace that he/she has referred in the terms of the subparagraph b) of no. 1 of the article 234. c) Violation of the criteria preferably in the maintenance of the job;
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d) authorization Lack demanded in no. 3 of the article 233. , if it goes holder of any of the protected situations. 2. being the dismissal declared judicially unfounded, he/she is entitled to be reinstated in the workplace immediately after the traffic of the sentence in judgement. 3. if the worker doesn't want to be reinstated or if the employer the not to intend or not to do for closing of the established, it is him/her due an indemnização made calculations in the terms of the determination in the article 263. , independently of the due compensation and in the terms of the article 236. 4. so much in the case of being reinstated as in the case of the determination to be applied in the previous number, to the worker is due the base wages counted from the date of the dismissal, with the limits fastened in no. 3 of the article 229. 5. the indemnização made calculations in the terms of the article 263. , it is substituted by indemnização made calculations in the terms of the article 265. whenever the dismissal is declared unfounded for the foundations of the subparagraph a) or d) of no. 1 of this article.

Section V Dismissal colectivo Article 238. (process of dismissal colectivo) Whenever, for the suitable operations in the article 230. , the extinction or the transformation of the workplaces afecte the job of 5 or more done work the extinction of the relationships juridical-work is done in successive moment, inside of the period of three months the procedure of dismissal colectivo is applied regulated in this section. Article 239. (procedure for the dismissal colectivo) 1. the employer that intends efectuar a dismissal colectivo should communicate the intention to the workers' representative organ and the services provinces of the ministry of protection of the work with competence in the area of the relationships work collectives. 2. the communication should contain; a) the description of the reasons technological económicas or you structure that base the dismissal; b) The reorganization measures, activitys reduction or service closing with that the employer intends to adjust the operation of the company or establishment to the existent situation; c) THE number of workers to dismiss, with indication of the respective professional qualifications and of the sectores the one that belongs; d) The criteria to use in the workers' selecção to dismiss; a) Other information considered useful to allow to evaluate the situation and the need and dimension of the dismissal.

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3. the this communication the employer should join one copies of the personnel's picture with the suitable workers for name and professional classification, distributed by organic sectores of the establishment. 4. if the workers' representative organ be not constituted in the date of the sending of the communication to the services provinces of the ministry of protection of the work the employer should stick written communication the all the workers of the establishment or of the sectores to be included by the reorganization measures, reduction or closing, giving them note of the intention of promoting the dismissal and forming them that you/they can, in the period of one week to choose a commission of three or five workers as the dismissal intention includes up to 25 or more workers, to be theirrepresentative in the subsequent actos of the process. 5. if, of the cincos following working days the employer to receive communication of constitution of the workers' commission, with identification of their components, he should send to referred her commission copies of the communication that sent to the provincial services, in the terms of no.1 of this article. Goods 240. (consultations) 1. during the period of two counted weeks of the sending of the communication the one that refers no.s 1 or 5 of the previous article, the employer should promote the accomplishment of, at least three meetings with the representation organ or with the commission especially elect for change of information and explanation and for the search of solutions that you/they impede or reduce the dimension of the dismissal. 2. if it be obtained agreement, final acta should be cultivated, signed by the employer or theirrepresentative and for the workers' representatives, that you/they consist the terms of the agreement. 3. if it be not obtained agreement should be cultivated acta equally indicating of summary form, the reasons of agreement lack and the solutions proposed by the workers' representatives. 4. in a case and in the other, an acta copy, or the expressed indication of the reasons because it was possible to cultivate them, even if those reasons are the non constitution of the representatives' commission the one that refers no.4 of the previous article, it is sent by the employer to the referred provincial services no.1 of the same article. Article 241. (intervention of the provincial services) 1. not having been possible to obtain agreement, the provincial services of the ministry of the worker's protection should summon inside of the 10 following days, a meeting with the employer and the workers' representatives if the representation organ exists or the commission have been chosen and to try to reach the agreement of the parts as the maintenance or not of the dismissal intention and to the dimension of this.
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2. the provincial representative should notify the employer and the representative organ or the workers' commission, in a based way, if it is opposed or no, to the dismissal colectivo understanding in case of the lack notification based that you/he/she is not opposed. Article 242. (complaint)

1. if provincial representative if it opposes, the employer can complain for the national director with competence in the area of the relationships work collectives or for the ministry of work protection as the intention of the dismissal includes up to 25 or more workers. 2. the decision about the complaint should be made in the period of 15 days and it can be in the sense of to prohibit or to authorize the dismissal in the whole or partially. 3. in the communication lack of the decision to the employer, in the established period in I number him/it previous he/she understands she there not to be opposition to the dismissal. Article 243. (Dismissal criteria) In the workers' determination to dismiss, the employer should respect the determination in the article 233.

Article 244. (notice and the workers' maps) 1. in the case of it being obtained the agreement for efectuar the dismissals in the terms of no.2 of the article 240. or of no.1 of the article 241. or of not having had opposition in the terms of no.2 of the article 241. or of no.s 2 and 3 of the article 242. , the employer maintains the decision of the dismissal should send to each worker to dismiss a notice with expressed indication of the date in that it interrupts the respective contract of the date and that there was an agreement of the representation organ or of the elect commission, and of the competent services. 2. the period of notice is counted of the date of theirdelivery to the worker and it cannot be inferior to the a) 60 days being treated of quatros and medium technicians and superior or of workers protected by no.1 of the article 227. , b) 30 days for the remaining workers 3. safe in the case of total closing of the establishment or service if the application of the defined criteria of the article 233. drives the conclusion in the workers' group to dismiss and old combatants or of worker with work capacity reduced with same or superior degree of incapacity to 20% the employer should not dismiss them without
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he/she foresaw authorization of the general Inspection of work in the established terms in no.3 of the article 227. 4. the notice sent to the workers the one that refers no.2 of this article is without effect, if to the employer the opposition be communicated from the general Inspection of work to the respective dismissal or if that opposition be maintained in the terms of the subparagraph c) of no.3 of the article 227. 5. in the lack of the notice in the whole or partly it checks the worker the right to the wage corresponding to the periods in lack. 6. in the date of sending of the notice communications, the employer should send to the center of job of the respective area, with copy to the provincial services of the Ministry of protection of the Work, a map to identify all informed workers of dismissal, mentioning in relation to each one a) Full name; b) Home; c) Date of birth; d) it Dates from admission in the company; a) it Dates in that the contract ceases; f) Number of beneficiary of the Social security; g) Profession; h) professional Classification; i) Last base wage. Article 245. (the workers' rights) To the workers in notice regime is applicable the determination in the article 235. Article 246. (compensation) The worker dismissed in process of dismissal colectivo has right to a compensation made calculations in the terms of no. 1 of the article 261. Article 247. (illicitness of the dismissal) The worker's dismissal is illicit in the following situations a) When the reasons invoked to base the dismissal colectivo, in the terms of the article 238. , they go inexistent comprovadamente; b) it have not been preceded of agreement; c) it has had violation of the criteria preferably in the maintenance of the job; d) to Include workers protected in the terms of no. 1 of the article 227. and it has not had authorization of General Inspection of the Work. Article 248. (declaration and done of the illicitness)

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1. being the dismissal declared illicit, for sentence in having judged, the employer is forced to reinstate the worker and to pay him/her the wages that it would have received from the date dismissal to the date of the sentence. 2. if the foundation of the illicitness is the defined in the subparagraph b) of the previous article, the wages the one that refers the previous number are subject to the established limits in no. 3 of the article 229. 3. if the reintegration is not possible or if the worker doesn't want to be reinstated has this right, in theirsubstitution, to an indemnização to fasten in the terms of the article 263. , the one that adds to the due understanding in the terms of the article 246. 4. the indemnização made calculations in the terms of the article 263. is substituted by indemnização made calculations in the terms of the article 265. whenever the dismissal is declared unfounded for the foundations of the subparagraphs a) or c) of the previous article. Article 249. (competence of the tribunal) 1. it competes to the tribunal to decree the illicitness of the dismissal colectivo and to fasten their effects. 2. the illicitness ordinance with the foundations foreseen in the subparagraphs a) and b) of the article 247. it can only be done in acção attempted by most of the dismissed workers, being for the effect that you/they understand her/it 15 and it takes advantage her/it all the workers included by the same process of dismissal colectivo, constituting case judged in relation to all. Section VI Rescission of the contract for the worker's initiative Article 250. (rescission modalities) 1. the worker can cancel the contract with or without just cause. 2. the rescission with just cause can have foundations respeitantes to the employer or strange to this. Article 251. (rescission with just cause respeitante to the employer) 1. the rescission of the contract, for the worker's initiative, it is done with relative just cause to the employer, when this violates, guilty and seriously, rights of those worked established in the law, in the convention work collective or in the contract of employment. 2. they are namely just cause for rescission a) THE guilty lack of the payment of the wage, in the demanded form b) the application of any disciplinary measure in an abusive way, in the terms of the article 59. ;
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c) THE lack of execution, repeated or serious, of the normal of hygiene and safety in the work; d) to the offenses the physical integrity, honors and the worker's dignity or of their relatives directos, practiced so much by the employer as for their representatives; a) the guilty and serious violation of the legal rights or you stipulate of the worker; f) the lesion of the worker's serious patrimonial interests; g) the intentional conduct of the employer or of their representatives, in the sense of taking the worker to do to interrupt the contract. 3. the rescission of the contract for the worker for the foundations referred in the previous number is considered dismissal indirecto. 4. the dismissal indirecto is only bid if it be done in writing, with enough indication of the factos that you/they base him/it and it can only be done in the period of 15 days counted knowledge of the same factos. 5. the dismissal indirecto checks the worker the right to receive of the employer a certain indemnização in the terms of the article 265. Article 252. (rescission with just cause finds strange the employer) 1. the worker can cancel the contract with just cause finds strange the employer with the following foundations a) Needs to accomplish legal obligations immediately incompatible with the maintenance of the relationship legal and employment; b) substantial and durable Alteration of the work conditions, when resolved for the employer in the legitimate exercise of the duties that recognizes him/her the article 43. 2. the decision of extinction of the legal relationship or to work is communicated to the employer in writing, with indication of their foundations and it produces immediate effects, without constituting any of the parts in responsibility to the other.

Article 253. (rescission of the contract without just cause)

1. not having just cause for the rescission of the contract for the worker is able this to extinguish the relationship legal and employment by notice written to the employer, with the minimum antecedence of 15 or 30 days, as the antiquity is inferior three years or equal to the superior to this limit 2. the limits minima are high for 30 or 60 days, in the same antiquity conditions, if he/she takes care of superior technical picture or medium technician.
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3. the lack total, or partial, of the worker's notice in the indemnizar obligation the employer with the value of the wage corresponds to the notice period in lack. 4. if the employer refuses to accept the work provision during the notice period, it is forced to pay to the worker the wage corresponding to the warning period that this cannot accomplish. 5. the indemnização regime for lack of the notice, established in no.3 of this article, it is applicable whenever the worker says good-bye, invoking just cause with the foundations referred in no. 2 of the article 251. or in no. 1 of the article 252. and these are false comprovadamente.

Article 254. (I abandon of work) 1. there is work abandonment when worker is absent of the work center with the declared intention or presumably of not returning. 2. one supposes the intention of not returning of the work when worker a) Immediately before or after beginning the absence he/she has declared openly or to the work companions the intention of not continuing to employer service; b) it Celebrates new contract of employment with other employer, being supposed that celebration when he/she starts to work in work center no belonging to the employer; c) he/she stays absentee for a period of two consecutive weeks, without informing the employer of the reason of the absence. 3. the employer, happening any of the situations referred in I number him/it previous he/she should make a communication to the worker, for it finishes her/it known home of this, to declare him/it in the situation of work abandonment of in the three following working days not to prove documentalmente the reasons of the absence and of the impossibility of having accomplished the obligation and information and justification of the absence, established in the article 151. 4. the abandonment of the work is worth as rescission of the contract without just cause and m notice and it constitutes the worker in the obligation of paying to the employer the established indemnização in no.3 of the article 253. without damage of the application of the willing of the article 49. ,se is the case. Section VII Discharge of the nominated work Article 255. (service commission) The exercise of functions of direction of an establishment or service or in other ways of superior responsibility for the activitys of a structural unit of a company as well as of the functions of personal secretariat of members of the administration organ or
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direction and still of other functions demanding a special trust relationship, it can be attributed, in service commission, to workers of the picture of the company or strange workers and it is subject to the dispositions of the following goods.

Article 256. (agreement writing)

The nomination in service commission is preceded of agreement written with the nominated worker, containing at least the following mentions a) Identification of the parts; b) Position or function to carry out for the nominated, in service commission; c) professional Classification and workplace that the nominated occupies in the picture of the company, to the date of the nomination, if it is the case; d) Functions and professional classification that it starts to stop, finish the service commission, being taken care of strange worker and the agreement to involve theirintegration in the picture; a) Duration of the service commission and possibility of theirrenewal, if the nomination goes for certain time.

Article 257. (ceasing of the service commission) 1. the the whole time, can any of the parts to do to interrupt the service commission, except for if the agreement the one that refers the previous article to include the respective duration in the terms of the subparagraph a) of the same article. 2. the discharge, or ceasing of the commission for initiative of the company, is subject to notice to the worker, with the duration of 30 or 60 days as the exercise of the position or functions have lasted up to two or more than two years. 3. the lack, total or partial, of the notice checks the worker the right of being indemnizado for the value of the wage corresponding to the period in lack. Article 258. (the worker's rights)

1. with the discharge, the term of the service commission or the ceasing for the nominated worker's initiative, this is entitled the 114

a) I Return to the functions and workplace that it stopped in the moment of the nomination or the one that has, however, been promoted, if it belongs to the picture of the company; b) Integration in the functions and professional classification that have been awake in the terms of the subparagraph d) of the article 256. , if not belonging to the picture of the company, that integration have been foreseen; c) Compensation that, eventually, have been foreseen in the agreement, if there is not place the integration referred in the previous subparagraph. 2. if the worker belongs to the picture of the company and the service commission to cease for discharge, he/she is entitled to cancel the contract of employment, in the 30 following days to the discharge, being with the right theirindemnização made calculations in the terms of the article 265. 3. the rights foreseen in the subparagraph a) of no. 1 and in no. 2 of this article they are not demandable, if the ceasing of the service commission goes dismissal consequence with just cause to discipline that it is not declared unfounded. Article 259. (counting of the time of service) The time of exercise of positions or functions in service commission are told, for all of the effects, as if it had been rendered in the professional classification that the worker possesses in the picture of the company, or in the that is him/her owed in the terms of the subparagraph a) of no. 1 of the previous article.

Article 260. (exclusion) Being taken care of worker no belonging to the picture of a company it politicizes or that the government has, legally, the right of to name and to discharge managers, the acting of the respective functions for the government's nomination is excluded of the regime of this section, in the terms of the subparagraph g) of the article 2. Section VIII Indemnizações and compensations Article 161 (compensation for ceasing of the contract for relative reason to the employer) 1. the value of the due compensation to the worker in the case of ceasing of the contract of employment for relative reasons to the employer is the correspondent to the base wage practiced to the date of the ceasing, multiplied by the number of years of antiquity, with the limit of 5, being value obtained like this added of 50% of the
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same base wage multiplied by the number of years of antiquity that you/they exceed that limit. 2. the right to the compensation made calculations like this is recognized a) In the article 236. for the case of individual dismissal with just cause objectiva; b) In the article 246. , for the case of dismissed of the worker in dismissal colectivo; c) Of the subparagraph b) of no. 4 of the article 207. , for the case of caducity after the suspension of the contract for reasons objectivas. Article 262. (compensation for reform) 1. the due compensation in the cases of caducity of the contract of employment for the worker's reform, foreseen in no. 1 of the article 218. , he/she is determined multiplying 25% of the base wage practiced in the date in that the worker reaches reform legal age for the number of years of antiquity in the same date. 2. the compensation made calculations in the terms of the previous number is applied still in the cases of caducity after suspension of the contract in the conditions regulated in no. 2 of the article 207.

Article 263. (indemnização for no reintegration) 1. the compensatory indemnização for no the dismissed worker's reintegration or for this not to intend to be reinstated, whenever to base the dismissal, have gone invoked just cause objectiva, he/she is the correspondent to 50% of the base wage practiced to the date of the dismissal multiplied by the number of years of the worker's antiquity. 2. the right the this indemnização is foreseen a) No. 3 of the article 237. , for the case of the right to the integration it was declared by dismissal of the individual dismissal with invocation of just cause objectiva, with the established excepções in no. 4 of the same article; b) In no. 3 of the article 248. for the case of the right the reintegration it was recognized by illicitness of the dismissal colectivo, with the established excepções in no. 4 of the same article. Article 264. (indemnização in case of bankruptcy, insolvency or extinction of the employer colectivo) The indemnização recognized in no. 1 of the article 219. , owed in the case of caducity of the contract, for bankruptcy or insolvency of the employer and for extinction of the corporate entity of the employer in name colectivo, it is certain multiplying 50% of the value of the base wage of the worker to the caducity date for the number of years of antiquity of the same date.
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Article 265. (indemnização for individual dismissal) 1. the indemnização due to the worker in case of judicial decretamento of imprudence of the individual dismissal with just cause invocation to discipline, not having reintegration and in case of dismissal indirecto, recognized respectively in no. 1 of the article 229. and of no. 5 of the article 251. and certain multiplying the value of the wage d base to the date of the dismissal for the number of the worker's antiquity in the same date. 2. the indemnização made calculations in the terms of the previous numbers has always with minimum value the correspondent to the wage of base of three months. 3. the indemnização made calculations in the terms of the previous numbers is owed still in the situations the one that refers no. 3 of the article 20. , no. 5 of the article 237. , no. 4 of the article 248. and no. 2 of the article 258. Article 266. (the worker's indemnização with special protecção)

In the case of the beneficiary worker's of special protecção dismissal in the terms of the subparagraphs c) and d) of no. 1 of the article 227. it have not been preceded of authorization of the general Inspection of the work, when the indemnização is demanded calculated the case accordingly, in the terms of the article 263. the one of the article 265. , it is added of 50% of the respective amount. Article 267. (determination of the antiquity) In the determination of the worker's antiquity, for the effects of the goods previous of that section the fracções of same year or superiors to three months they are counted as a year of antiquity

CHAPTER IX Applicable conditions to specific groups of having worked Section I I work of the woman SUBSECTION I Applicable specific conditions to the woman Article 268. (equal treatment and no descriminação in the work)
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1. to the hard-working and guaranteed woman, for reference to the man, the equal treatment and the non descriminação in the work. 2. in consequence, and guaranteed to the workers a) THE access the any job, profession or workplace; b) the opportunity equality and of treatment in the access to the formation acções and of professional improvement; c) THE right the one that is common for the two sexes the categories and the classification criteria and of promotion with application of the determination in no. 3 of the article 164. ; d) THE right to same wage for same work or of same value; a) THE right to the absence the any other descriminação, directa or indirecta, founded in the sex. 3. for the effects of the subparagraph d), he/she is considered a) I Work equal, the work rendered a same employer, when if it is same or of nature similar objectivamente the exercised functions and to the carried out tasks; b) Work of same value, work rendered the same employer, when the carried out tasks, although of several nature, be considered equivalent for application of criteria objectives of evaluation of functions. Article 269. (forbidden works and conditioned) 1. it is prohibited the women's occupation in unhealthy and dangerous work, as well as in all that are considered as implicating risks efectivos or potency for functions genetics. 2. Namely is prohibited to the women the work accomplished at undergrounds and mines. 3. the established prohibition in no.1 of this article can be substituted by the conditioning of the women's occupation in the same works what the places or workplace are endowed with equipments adapted and effective of elimination of risks that efectiva or potentially involve. 4. the list of the forbidden occupations to the women well with of the conditionings the one that is subject the women's work in those occupations, established by united executive ordinance of the ministers of protection of the work and of the health. 5. the list the one that refers number him previous it should be reviewed periodically, in function of the scientific and technical knowledge. Article 270. (I work in partial term) Safe serious inconvenience, to the workers with constituted home and responsibility relatives owes the employer to facilitate the work in partial time in any of the modalities foreseen in no.1 of the article 119. with proportional reduction of the remuneration. Article 271. (duration and organization of work)
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1. without damage of the establishment in this law, in what it respects the duration and organization of the time of work, to the women the following rights A) THE rest interval in term of work of one day and I begin him/it of the period of work of the established following day in no.6 of the article 97. is high for 12 hours; B) THE not provision of night work in establishment elaborates without authorization of the general Inspection of he/she works. 2. authorization demanded in the subparagraph b) of the previous number it can only be granted in the following functions a) In case of larger force than it causes the abnormal alteration in the operation of the work center; b) As the raw materials in elaboration are susceptíveis of fast alteration taking the risk of inevitable loss if the worker doesn't continue; c) In the case of the work to be organized in the regime of the rotative shifts, tends the workers given theiragreement to theirinclusion in the shifts. 3. the application for provision of night work for women should be resolved, face to the foundations evoked in the period of three working days, under penalty of being considered granted the authorization. 4. to the prohibition of the night work the women in establishments elaborate if it doesn't apply a) To the workers that exercise direction functions or of technical carácter, that you/they involve responsibility; b) To the workers that are in charge of the hygiene services and well-being since no efectuem usually work manual. 5. to the workers referred in the previous article that you/they have theirposition children smaller 10 years, it is applicable the determination in no.4 of the article 104. . SUBSECTION II (Protecção of the maternity) Article 272. (special rights) 1. during the pregnancy period after the childbirth the hard-working woman is entitled A) not to carry out without the decrease of the wage inadvisable tasks to theirstate or that you/they demand positions inconvenience or harmful owing the employer to assure him/her I work appropriate to theirstate; B) not to render extraordinary work nor to be transferred in the center of work safe if located in the same geographical area and to allow the work change the one that he/she refers the previous subparagraph; C) No the general Inspection of work, to authorize the provision of night work in the cases the one that refers in no.2 of the article 271. and to leave of rendering was rendering him/it; D) not to be dismissed except for the infracção to discipline that it turns immediate and practically impossible the maintenance of the relationship legal and employment.

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A) to Interrupt the daily work for the son's breast feeding, in two periods 2 periods of half hour each, without decrease of the wage always the son stays during the time of work n the facilities of the work center or in infantário of the employer; F) to Benefit of the license of maternities regulated in the following article. 2. to enjoy the rights foreseen in previous no. owes the worker to prove theirpregnancy state before the employer, with every antecedence possible meantime the presentation of document of safe service of health if theirstate is evident. 3. the prohibitions constant of the subparagraphs a) and b) and c) of the article of no.1 of this article it is applied up to three months after the childbirth, being able to some of them to be lingering if for document I practice medicine is justified the need of such enlargement. 4. the prohibition of dismissal safe infracção to discipline serious, established in the subparagraph d) of no.1 of this article, they stay ties one year after the childbirth. 5. the general Inspection of work is entitled of verifying the infracção to discipline committed by the worker turns immediate and practically impossible the maintenance of the relationship legal and employment owing, for the effect to apply the determination in no.3 of the article 227. 6. the interruptions of the daily work, for nursing the one that refer the subparagraph a) of no.1 of this article he/she has room in the chosen opportunities for the worker, whenever possible with agreement of the employer and they are substituted in the son's case to not to accompany of the work center for enlargement of the interval for rest and meal in one hour or if the worker preferring, for reduction of the normal period of daily work in I begin him/it or in the end in any case without decrease of the wage.

Article 273. (license of maternity) 1. the worker is entitled for height of the childbirth a license of maternity of three months. 2. the license of maternity begins four weeks before the date foreseen before the childbirth owing the remaining time to be enjoyed after this. 3. the part of the license to enjoy after the childbirth is enlarged of more four weeks in the case of having happened the multiple childbirth. 4. if the childbirth if it verifies in subsequent date foreseen in I begin him/it of the license is this increased by the necessary time to last that nine complete weeks after the childbirth. 5. during the first six weeks after the childbirth employer cannot receive the worker to the same service that she doesn't intend to enjoy in the totality of the license of maternity. 6. during the license, the employer should advance the worker subsidize him/it of maternity owed by the social security, completing him/it, if necessary it ties to the
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value liquidate the remuneration that that would receive if it was service efectividade and being constituted the right of the value to be reimbursed of the I subsidize. 7. the license of maternity is considered as time of work efectivo for all of the effects except for the corresponding remuneration that is of the responsibility of the social security.

Article 274. (license of maternity in situation anómalas) 1. in case of abortion or from birth of swim-dead the license to enjoy after the date of the occurrence and of six weeks not being able to the worker to renounce theirjoy, and being applicable the determination in no.s6 and 7 of the previous article. 2. if the son dies before the term of the license of maternity interrupts theirjoy since elapsed the six weeks after the childbirth and the worker retakes the service one week after the death. Article 275. (complemental license of maternity) 1. finished the license of maternity, the one that refers 273. the worker can continue in the license situation for a maximum period of four weeks for the son's attendance the complemental period of the license is not remunerated can be enjoyed only by communication foresaw the employer, with indication of theirduration and since the company doesn't have infantário or day care. Article 276. (absence during the pregnancy and after childbirth) 1. during the pregnancy period and up to 15 months after childbirth the worker is entitled to lack one day a month without wage loss for medical attendance of theirstate and to take care of the son. 2. this right is not cumulável, in the period after the childbirth, with the work provision in partial time, the one that refers the article 270. Article 277. (rescission of the contract for the worker's initiative) The worker, during the pregnancy and until 15 months after the childbirth, it can cancel the contract without indemnização obligation, by notice of one week to the employer. Article 278. (protecção against the dismissal for causes objectivas)
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During the pregnancy until 12 months after the childbirth, the worker enjoys the special regime of protecção against the individual dismissal for causes objectivas and against the dismissal colectivo that no.3 of the article 233. and no.3 of the article 244. establish for the old combatants and for the workers with work capacity reduced. Article 279. (complement of vacations) The period of you hurt of the workers with smaller children to theirposition is increased of a day of vacations by each son with age up to 14 years. Article 280. (support structure to the child) 1. the state should implement a national net of structures of children's guard progressively, as infantários, day care and kindergarten, appropriately dimensionada the, located, endowed with human and technical means, as well as of the appropriate conditions to the promotion of the child's integral development. 2. the companies whose dimension justifies should collaborate him with the State in the creation of these structures, namely by the cedência of appropriate facilities and the State to endow the human and technical means appropriate. 3. to the companies that collaborate in the creation of these structures it belongs insured priority in the children's reception to the workers to theirservice. Section II I work of smaller Article 281. (general principles) 1. the employer should assure the smallests to theirservice, even in learning regime, work conditions adapted to theirage, avoiding any risk for theirsafety, health and education and any damage to theirintegral development. 2. the employer should take the measures tendentes to the professional formation of the smallests to theirservice, requesting the collaboration of the entities officiates competent whenever it doesn't have structures and appropriate means for the fact. 3. the State should assure the creation and operation of structures of professional formation adapted to the smallests' integration in the life activa, Article 282. (celebration of the contract of employment) 1. the contract of employment been celebrated with minors that have completed the minimum age of admission to the alone and valid work with the father's express authorization, author, legal representative, person or institution that has the smallest to theirposition or in theirlack, of the general Inspection of the work. 2. for minors that have already completed the 16 years of age, the authorization can be tacit. 3. the authorization to celebrate the contract of employment always involves authorization to exercise the rights and to accomplish the duties of the relationship legal and employment, to receive the wage and to do to interrupt the contract.
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4. the contract of employment with minors should be been celebrated in writing, owing the smallest to do proof that it completed the 14 years of age. 5. the smallest's legal representative, the one that refers no. 1 of this article can, the the whole time and in writing, or to oppose to the maintenance of the contract of employment, producing theiropposition and facts of the weeks after the delivery to the employer or immediately, if the foundation of the opposition is the smallest's need to frequent public education stability or acção of professional formation. 6. the university of the legal representative's opposition is in the minor's case to have acquired the statute of majority, for marriage or for other legal way. Article 283. (allowed works) The smallests can only be admitted for the light work provision, that you/they don't involve great physical effort that you/they are not susceptíveis of harming theirhealth and theirphysical and mental development and that you/they make possible them learning conditions and of formation. Article 284. (forbidden works or conditioned) 1. it is prohibited afectar the smallests to works that, for theirnature and risk potentials, or for the conditions in that you/they are rendered, be harmful to theirdevelopment physical, mental and moral. 2. it is prohibited the minors' work in theaters, movies, boites, bars, cabarets, dancing and similar establishments, as well as the exercise of salesperson's activitys or propagandist of pharmaceutical products. 3. worked them whose exercises and forbidden or conditioned to smallest, as the conditions in that the smallests than they have completed 16 years of age, they can have access to such works, for effects of formation professional practice they are established for ordinance exclusive groups of the ministers of protection of the work and of the health. Article 285 (medical examinations to smallest) 1. the smallests should be subject, before theiradmission to medical examination destined to prove theirphysical and mental capacity for the exercise of their functions. 2. the medical examination should be repeated annually, to the 18 years of age, for form to certify that of the exercise of the professional activity don't result courses for theirhealth, and development. 3. the general Inspection of the work can for theirinitiative to determine the accomplishment of intercalary medical examinations.

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4. whenever the report of the medical examination determines the need of adoptar certain work conditions or transfer to the other workplace, it owes the employer to give execution to such determinations. 5. the employer forced to maintain in confidentiality conditions, the reports of the medical examination efectuados to smallest and poles always the disposition of the official services of health and of the general Inspection of the work. Article 286. (Remuneration) The smallests' wage is certain for reference to the wage of the adult work the profession in that it is to work or to the national minimum wage in the case to exercise unqualified functions, and it is not able to, except for situations referred in the article 36. , to be inferior the following percentages a) 14 Year-50%; b) 15 Years 60%; c) 16 and 17 years 80%. Article 287. (duration and organization of work) 1. the normal period of the smallests' work cannot be superior at hours daily rates and 34 weekly hours, if they have less than 16 years and at 7 hours daily rates and 39 hours weeks, if they have age understood between the 16 and the 18 years. 2. the provision of extraordinary work is prohibited, exceptionally could be authorized by the general Inspection of the work, if the smallest has completed 16 years of age and the worker is justified with the prominence of great damages, for the verification of any of the situations the one that refers the subparagraphs a) and b) of no. 2 of the article 102. . 3. the exceptional provision of extraordinary work the one that refers the previous number, it is not able to, in case, to exceed 2 hours daily rates and 60 annual hours. 4. the 16 year-old smallests cannot render work in the period understood between the 20 hours of one day and the 7 hours of the following day and they cannot be included in rotative shifts. 5. the smallests with age same or superior to 16 years they can only work in the period referred in the previous number in the case of the provision of the work in such period to be strictly indispensable to theirprofessional formation and it have been obtained the previous authorization of the general Inspection of the work. Article 288. (protecção against dismissal) The minors' dismissal is subject to the regime to the special regime of authorization of the general Inspection of the established work in the subparagraphs a) and b) of the goods 227. , in no. 2 of the article 233. and in no. 2 of the article 243. for old combatants and workers with work capacity reduced.
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Article 289. (special conditions of work)

The minors' work is subject to the following special conditions a) THE working hour is organized from way to allow them the school frequency or of acções you officiate of professional formation in that you/they are enrolled; b) THE employer and the responsible of the work center should veil, in formative terms, for the smallest's attitude during the work, the safety and occupational health and the discipline laboral; c) In the measure in that she show messed up to the smallest's aptitudes, the profession or specialty so that it was admitted, it owes the employer to facilitate, whenever possible and after result the legal representative, theirworkplace change and of functions; d) THE smallest can only be transferred of the work center, with the legal representative's express authorization. Section III Workers with capacity of reduced work Article 290 (general principles) 1. the employers should facilitate the job to workers with capacity of reduced work, providing them appropriate conditions of work and collaborating with the State in appropriate acções of formation and improvement or occupational retraining or promoting them directly. 2. the Government should stimulate to support, for the most appropriate and convenient means, the acção of the companies in the workers' employment policy with work capacity reduced. 3. among the incentives to define for the Government the dismissal of contributions should be included for the social security, made calculations on the values salary pagos to the same workers and the concession of financial incentives for the admissions efectuadas, for period to define for united executive ordinance. 4. the Government should develop a special politics of incentive and support in what respects to the deficiency bearers for war acções. Article 291. (requirements of the occupation and of the workplace) The occupations and the workplaces destined to workers afectados in theirwork capacity, for reduction of theirintegrity physical or psychic, he/she wants natural,
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he/she wants acquired, they should be in agreement with the type and degree of incapacity and to assist theircapacity of work efectiva or remaining. Article 292. (duration organization of work) 1. the workers' working hours with capacity of reduced work should be organized, whenever necessary, for form the theses could begin or to finish the daily work out of the periods of larger affluence to the passengers' public transportations. 2. to the same workers it should be granted, whenever they request him/it, the work regime in partial time, in the solid modality in the reduction of the normal period of extraordinary work or of night work. Article 293. (remuneration) 1. to the workers with work capacity reduced, working in whole time, remuneration is guaranteed made calculations according to the following criteria a) THE wage is proportionally corresponding to the degree of capacity efectiva for the acting of the workplace or exercised functions; b) the certification of the degree of capacity efectiva is made, at the request of the worker, of candidate the job or of the employer, for the official services of health he/she assists her to the specific demands of the workplace or occupation that the worker occupies or it will occupy; c) If the degree of capacity efectiva goes same or superior to the 90% in relation to the workplace or occupation, the worker, it is considered as tends a capacity efectiva of 100%; d) THE wage can never be inferior to the 50% of the due to the worker that it occupies identical workplace in normal conditions of income. 2. the wage reduction resulting from the application of the credits of the previous number doesn't prevail on him begin of the reduced work that, simultaneously, be old combatant and be afectado of a same or superior degree of incapacity to the 30%, you right to an annual complement of paid vacations of five working days. CHAPTER XII The workers' Social and cultural promotion Article 294. (general principles) 1. the companies should put with the Government in the politics of social and cultural promotion and of the workers' physical development. 2. with that objectivo, besides the obligations that result them of other dispositions of this law, the employers owe, in the measure, the underlying politics to continue to the determination in the following goods, cooperating activamente with the competent official organisms and with the unions and the workers' representative organs.
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Article 295. (facilities partners for the workers) the companies owe, in function of theirdimension and of the organization of work conditions, to install and to maintain appropriate places to the rest, conviviality and occupation of times free from the workers, as well as to the elevation of theircultural level and physical development.

Article 296. (transport) The companies can complement the net of passengers' public transportations, for form the, tends in bill the removal of the work centers in relation to the public transportations and the intensity of use of the same ones, to contribute, in economy terms and rationality of means, for the regular attendance and the workers' punctuality and for theirpresentation to the work in physical conditions and of psychological readiness that you/they make possible a high productivity of labor level. Article 297. (cultural and sport promotion) 1. the companies should support, insofar as possible, the initiatives of the workers tendentes to the conservation and popularization and popularization of the national culture, namely the constitution of theater groupings, musical and of dance and to the workers' cultural promotion. 2. the companies equally should support and to foment the initiatives of the workers tendentes to the sport practice and the development of the physical culture. Article 298. (I found social) 1. the companies with a volume of same workers or superior to a minimum limit to establish in own regulation can create a social bottom the one that owe afectar a percentage of the exercise profits before having deduced imposed, destined to the social welfare to the workers. 2. the public companies should accomplish what is established in the respective statutes to this purpose or in specific regulation. 3. a percentage of the workers' wage, no superior to the ,5% can, for convention collective or for agreement with the workers' representative organ, to be deduction object and afectado to the social bottom. 4. the Government, for united executive ordinance of the Ministers of protection of the finances and of the work, it fastens workers' limit above which the constitution of the social bottom is recommended, the maximum percentage of the incomes the efectuar and theiradministration form that he/she should be representatives of the employer and of the workers.
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Article 299. (school facilities) The employer that is authorized to have theirservice minors without obligatory education, whenever these are in number no inferior at 20 o'clock, owes, in the case of the facilities next school education distarem for the installation of a room of classes inside or in the proximities of the work center. CHAPTER XIII He/she guaranteed of the emerging rights of the Relationship legal and employment Section I Prescription of rights and caducity of the acção right Article 300. (period of prescription) 1. all of the credits, rights and the worker's obligations or of the employer, resultants of the celebration and execution of the contract of employment, of theirviolation or of theirceasing, they extinguish, for prescription, elapsed a counted year of the following day to that in that the contract ceases. 2. the period of prescription established in the previous number is applied, especially, to the credits of wages, of additional and complements, indemnizações and due compensations for ceasing of the contract of supply of provisions in cash and still, of reimbursement of expenses efectuadas. 3. the determination in the previous numbers doesn't prevail on the special regime of prescription of due credits in the course of the execution of the established contract in no. 1 of the article 187. Article 301. (caducity of the acção right for reintegration) The right of requesting the reintegration judicially in the company, in the cases of individual dismissal or colectivo, expires in the period of 180 counted days of the following day to that in the dismissal was verified. Article 302. (caducity of the acção right, in the case of rights no financial) The right of demanding the execution of obligations no financial or of facto provisions that cannot be satisfied after the ceasing of the contract it expires in the period of a counted year of the moment in that if they turn demandable, but always inside of the general period of prescription established in no.1 of the article 300. Article 303. (suspension of the periods)
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The periods of caducity prescription established in the goods 300. to 302. are suspended with the presentation of the request of intervention of the provincial organ of conciliation or with the propositura of judicial acção in that the credits or executions of the obligations are complained. Article 304. (renouncement to the I credit) It is lawful to the worker, after the extinction of the relationship legal and employment, to resign, total or partially, to the I credit that he/she has on the employer, as well as to celebrate conciliation agreements, of transacção and of compensation on the same criteria. Section II Competence of the tribunals Article 305. (I conflict individual of work) It is individual conflict of work to appear between the worker and the employer, for reasons related with the constitution, maintenance, suspension and extinction of the relationship legal and employment, or with the execution of the contract of employment and the satisfaction of the rights and execution of the obligations, of an or of another part, current of the same contract, as well as the resource of the applied disciplinary measures to the workers. Article 306. (competence of the tribunals) 1. the provincial tribunals, through the room of the work, are competent to know and to judge all of the individual conflicts of work. 2. the determination in the previous number doesn't harm other competences that are referred to the room of the work of the provincial tribunals by law. 3. with the excepções mentioned in the following article and in no.5 of the article 309. , the propositura of the emerging acção of individual conflicts of work is preceded of the accomplishment of conciliation attempt. 4. the creation, operation and territorial jurisdiction of the rooms of work of the provincial tribunals and the norms of the process are the established ones in own legislation. Section III Conciliation in the individual conflicts of work Article 307. (conciliation attempt) 1. the whole work conflict is submitted obligatorily to the conciliation attempt before the propositura of the acção of the Tribunal. 2. Exceptuam-if the cases in that the conflict respects the a) Nullity of the dismissal to discipline with the foundations referred in no.s 1 and 2 of the article 228. ;
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b) Dismissal of the individual dismissal for causes objectivas with the foundation referred in the subparagraph a) of no.1 of the article 237. ; c) Illicitness of the dismissal colectivo, with the foundations referred in the subparagraphs a) and b) of the article 247. 3. in the cases mentioned in the subparagraphs a) and b) of the previous number, the interested party can, if he wants him/it, to propose the acção immediately in the room of work of the competent tribunal. 4. in the case of the subparagraph c) of no.2 it is applicable no.2 of the article 249. Article 308. (conciliation organ) 1. the conciliation attempt is accomplished by the provincial organ of conciliation of work conflicts, integrated in the provincial structure of the public prosecution service, near the work rooms. 2. this organ is presided by the Magistrate of the competent Public prosecution service and it integrates two assistants, being a representative of the employers of the province and a representative of the workers of the province. 3. in whatever it be requested for the exercise of this, the Magistrate of the competent public prosecution service to request the provincial representative's of the ministry of protection of the work support. 4. the assistants of the employers and of the workers they are designated respectively by the associations of employers and of workers of the province, or if they don't exist or they don't make the designation in the 30 following days to the entrance in energy of this law, directly for the employers and for the workers in meetings expressly summoned for the effect by the provincial representative of the ministry of protection of the work. 5. the assistants of the employers and of the workers they can be designated in lists of five elements, for form the one that the first assistant, if it cannot attend in the meetings of the provincial organ of conciliations or if not to attend, for the conflict to respect to the company the one that belongs or in that it renders work, she can make to substitute for one of the remaining assistants of the respective list. 6. the assistants' lack or of one of them doesn't impede the accomplishment of the conciliation attempt. Article 309. (presentation of the request) 1. the request of conciliation attempt is presented in having triplicated for the interested party is this the worker or the employer to the Magistrate of the competent public prosecution service and it should contain obligatorily a) the identification the petitioner and of the entity against who is formulated and respective homes; b) The presented complaints and the respective described foundations in way summary but enough;
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c) whenever possible, the indication of the claimed amounts if the requests go of financial nature. 2. the request of conciliation attempt can be presented vocally, being reduced to written, in having triplicated, for the services of the Public prosecution service. 3. the part that presents the request of conciliation attempt should include in this all of the complaints that he/she has against the other part to the presentation. 4. if the Magistrate of the competent Public prosecution service it considers that the request is obvious and totally unviable or it lacks foundations legally protected, it should reject him/it by ruling based to utter inside of the five following days to the presentation, that the interested party is notified, by term in the process, copy of the ruling is given and of the request of conciliation attempt, if requesting. 5. in the case of having had rejection ruling the interested party can attempt acção in the tribunal without precedence of conciliation attempt, instructing the petition with the copies that it received in the terms of the previous number. 6. the suspension of the prescription periods and of caducity referred in the article 303. ceases elapsed 30 days on the date in that to the interested party be made the notification referred in no. 4. 7. the Magistrate of the Public prosecution service competes should reject the request with notification to the interested party if the provincial organ of conciliation goes incompetent territorialmente for the relationship legal and employment the one that respects the conflict of having developed in another province.

Article 310. (summons of the meeting) 1. if there is not rejection ruling and inside of the established period in no. 4 of the previous article, the Magistrate of the competent Public prosecution service should make an appointment and for the meeting of conciliation attempt to accomplish between the 10. and the 15. subsequent days, coming the services from the Public prosecution service to the summons sending for the parts and the assistants inside of 48 o'clock. 2. the summonses are sent by the fastest road, tends in attention the existent condicionalismos, could also be sent through the administrative authorities or you police, could also be sent through the administrative authorities or you police that are subject to the duty of the cooperation established in the goods 76. and 77. of the Law no. 18/88, of December 31. 3. in cases proven difficulty or disturbance of the communications systems, the period inside of which the conciliation attempt should be marked can be enlarged for more 30 days. 4. the summons should indicate the day, hour and place of the meeting and the object of this, being sent to the part complained accompanied of copy of the request.
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5. the meeting can be marked for the accomplishment out of the facilities and of the place where the provincial structure of the Public prosecution service works, in attention to the interests of the parts, to the determination in the final part of no. 2 of the article 312. or the other factors atendíveis in the terms of the article 66. of the Law no. 18/88, of December 31. Article 311. (comparência) 1. to the conciliation attempt they attend the parts personally. 2. if the work goes smaller, it can be made to accompany of theirlegal representative. 3. the worker can still be made to accompany of a representative of the union the one that belongs or of a work companion. 4. the employer should be made to act for a director or worker with functions of responsibility in the work center where the worker renders or it rendered work, of written declaration, that it is committee to the process, that you/they consist expressed powers of representation and the declaration that it is linked by the that acts admits him/it or accept. 5. the parts can still be made to accompany of lawyer with procurement, that is close to the process and that it is effective for the judicial acção that it comes to elapse among the same parts, in the case of there not being conciliation the one of this if partially. 6. besides the members of the provincial organ of conciliation, they can only be present in the meeting of conciliation attempt the parts, their representatives and companions and an employee for secretariar. Article 312. (comparência lack) 1. if it lacks some of the parts, in the day and hour designated for the conciliation attempt, the following procedure is applied a) If the lack is justified, to the marked hour, the accomplishment of conciliation attempt is postponed one of the 10 following days with sending of new summons to the faulty part; b) If the lack not to be it is justified and the faulty is the petitioner of the conciliation attempt, the period is filed; c) If the lack is not justified and the faulty is the part against which the request was presented, it is given to the petitioner a declaration of impossibility of accomplishment of the conciliation attempt and of the respective causes, for this, if he/she wants him/it, to propose the judicial acção inside of the 30 following days; d) in the cases of the subparagraphs b) and c), it is applied to the faulty a fine, among of the legal limits; a) If in the second meeting marked for the conciliation attempt this it is not possible, for lack of an or of the two parts, even if is treated of justified lack, there is no place the second progress and the request is filed, with delivery to the petitioner of the conciliation attempt of the declaration the one that refers the subparagraph c), except
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for if the lack goes of this and it has not been justified, I marry in that the determination is applied in the subparagraph b); f) THE applied fine in the terms of the subparagraph d) it is without effect in the case of the faulty to justify the lack for form what the president considers atendível, inside of the five following days to theirverification. 2. initiate the meeting of conciliation attempt, can the president to suspend her, to have continuation in the maximum period of 15 days, if any of the parts requesting, for better consideration of the case, or if the provincial organ of conciliation understands to make some diligences of apuramento of the factos. Article 313. (conciliatory acto) 1. in the meeting of conciliation attempt, being present the parts and their companions if they exist, the president hears the petitioner and requested him/it, doing following a summary of the request and their foundations and of the position of the requested part, after what it is verified the parts are willing to reconcile. 2. if there is not conciliation, the president it informs which can be, in yours to understand, face to the elements until then presented and with reservation of the appreciation that the tribunal can come to do, in function of the produced proof and of the application of the law, to the terms of a ruled agreement for principles of justness and of balance, after what he/she gives the word to the assistants, if they want for exporem in a summarized way, their point of view. 3. following, it verifies again if the parts are willing to reconcile and in that we have. 4. if there is agreement, the president it assures that in the acta of the meeting they are to consist, besides the indication of the present people and their qualities a) THE statement of the different complaint points the indication of the value of each one of the complaints and the total value of the request; b) The points on which there was agreement and, whenever this has financial expression the values in that he/she translates himself the agreements on each one of these; c) The awake periods for voluntary execution of the agreement if this doesn't go accomplishing immediately, what is engraved in the acta, whenever it is verified; d) The points of request of conciliation attempt in relation to the which there was cessation; a) In case d partial conciliation, the points obre which there is not, wake up but of which the petitioner doesn't give up, you/he/she owes for the effect to be interrogated expressly. 5. if there is not agreement the president it assures that n acta is to consist, besides the indication of the presents and their qualities a) The indications the subparagraph a) of the previous number; b) THE total value of the request; c) The reasons of the agreement lack;
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d) the declaration of the petitioner that it doesn't give up in the complaint presents, if like this if he/she pronounces, should always be interrogated to this respect. 6. the mentions demanded in the subparagraph a) of n.os 4 and 5 they dope to be done by redemption for the request of attempt of the president's conciliation considering enough for the understanding of the complaint. 7. the acta of the meeting of conciliation attempt is cultivated immediately and it should always be signed by the presidents the meeting that you/they know how to do him/it. Article 314. (approval of the agreement) 1. cultivated and signed the acta that it consists an agreement, such or partial, the president engraves in the same ruling of confirmation of the reached agreement, except for in the situation the one that refers the following number. 2. if the president considers that the agreement, in the terms in that it was reached, it harms the principles of the good-faith and of the justness, namely for afectar, in a serious way, the worker's rights, in situation in that these can be satisfied, he should declare him/it in the acta in a based way. 3. being verified the lack of confirmation ruling by the reasons the one that refers the previous number, any of the parts can declare, in term that is taken him/her immediately, to intend that the process including the acta with the president's declaration is sent to the tribunal, for approval for the judge. 4. the process is sent inside of the five following working days to the declaration and the judge, after view for the magistrate of the competent public prosecution service, he/she decides in definitive, considered the constant elements of the process and the foundations invoked by the president. 5. the confirmation of the I urge, in the terms of no. 4 of this article, it checks him/her the nature of executive title, without damage of the I control of legality that, in case of execution, the judge should do of the agreement confirmed in the terms of no. 1. 6. I control him/it of legality referred in the previous number is destined to verify the constant agreement of the acta presented as executive title violates imperative legal dispositions or it offends indispensable rights, but it is not able to efectuar the renouncement rights and of conditioned readiness, established in the article 304. and in no. 1 of the article 185. Article 315. (propositura of the acção) 1. in the cases in that, not having had agreement or tends this been partially, the petitioner has made the declaration, the one that refers the subparagraph a) of no. 4 and the subparagraph d) of no. 5, both of the article 313. , the president assures the presentation of the process in the registry office of the tribunal, against protocol, inside of the five following working days the accomplishment of the conciliation attempt.
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2. the following day to the of the presentation, the provincial organ of conciliation notifies to the advertisement the date in that the process gave entrance in the tribunal. 3. elapsing him/it period of no. 1 of this article without the presentation has been made, and without damage of the responsibility to discipline the one that there is place, it can the complainer, in application to the judgement of the room of the work, to present at the registry office of the tribunal, to request the president's of the provincial organ of conciliation notification for the presentation of the process, in the period of 3 working days on feather of the disobedience crime. Article 316. (improvement of the process) 1. in the 30 following days to the registo of entrance of the process the petitioner should join to the solemnities a) The proof means that it disposes and that he/she doesn't have the request of conciliation attempt close to, not could inventory witness in superior number to 3 for each acto, nor to 5 or 7 in the total, as the acção fits or exceed the competence in the provincial tribunal; b) THE articulate additional of improvement of the request, in having triplicated without however to create new situations relatively to the complaints and the values on that it happened the conciliatory diligence, referred in the respective acta. 2. as soon as they are together the documents referred in the previous number or that it has elapsed the established period in the same number, the solemnities are conclusos to the judge. 3. if it doesn't go together the articulate additional the one that refers the subparagraph b) of no. 1 of this article, the judge should reject the acção, except for considering enough for the prosecution the explicitação of the request and of the cause of asking constant of the received process of the conciliation organ. 4. if they are not together the proof means, the penitent dispositions of the law of the process are applied. 5. together the articulate additional of improvement, or verified the situation foreseen in the final part of no. 3 of this article, the judge orders the defendant's notification, to answer being followed the subsequent terms of the law of the process. 6. the period referred in no. 1 of this article is counted of the notification of the unofficial defender's nomination, if, being petitioning of the attempt reconciliation, the worker has requested that nomination the 10 following days to the registo of the entered of the process in the tribunal. Article 317. (resource) Of the judge's final decision resource can be interposed by any one of the litigant parts for the superior court in the terms of the general law of the process.
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CHAPTER XIV Final provisions Article 318. (punishment of the misdemeanors) The misdemeanors to the determination in the present law and of more complemental legislation they are punished by fine, in the terms of the own diploma that it fastens the limits maximum and minimum of punishment for each conduct contravencional, the competence for the application of the fines the criteria of graduation of these and period of caducity of the acção contravencional. Article 319. (inconvertibilidade of the fines) The mulattos for misdemeanor to the dispositions of this law and other complemental legislation are not convertíveis in prison in the terms of own diploma. Article 320. (definitions) The definitions that allow a better understanding of concepts used in the present law consist from the enclosure to the same and of her they are integral part. Article 321. (regulation) To present law it should be regulated by the government in the period of 18 months, counted of the date of the entrance in energy. Article 322. (redemption) Made them along the law refer to goods of the same, except for indication done in I contradict. Article 323. (doubts and omissions) The doubts and omissions appeared in the interpretation and application of the present law are resolved for the National Assembly.

Article 324. (repeal)
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The whole legislation is revoked in the part in that, regulating matters foreseen in the present law, have incompatible form, namely a) THE Law no. 6/81, of August 24; b) The subparagraphs g) and m) of the article 1. of the lai no.11/75, of December 15; c) THE ordinance no. 88/81, of November 7, on the absences to the workers; d) THE ordinance no.18/82, of April 15, about provision to the maternity; a) THE ordinance no.58/82, of July 9, on the smallests' work; f) THE ordinance no.61/82, of August 3 about the duration of the work and organization of the time of work; g) THE ordinance no. 16/84, of August 24, on the establishment of the relationship legal and employment; h) THE executive ordinance no. 30/87, of July 25, that approved the regulation of the right to vacations; i) The chapters V, VI and VII of the cooperative worker's statute, approved for the law no.7/86, of 29 of Março; j) THE ordinance 32/91, of July 26, on dismissals colectivos; k) The dispositions of the chapter V, of the ordinance no. 28/92, of June 26, being applicable, in theirsubstitution, and according to the cases, all of the dispositions of the present law, he/she wants general, he/she wants defining specific conditions of work for the old combatants and for the workers with work capacity reduced. Article 325. (entrance in energy) To present law he/she goes into effect 60 days after theirpublication. See and approved National Assembly, Roberto António Víctor Francisco of Almeida. Promulgated to the December 15, 1999. Be published. The President, JOSÉ EDUARDO DOS SANTOS.

ENCLOSED The one that refers the article 320. of the law precedes. DEFINITIONS For the effects of the present law, be considered a) Trapper? the whole individual or collective due to who an embarkation is armed; b) do I Center of work? each one of the units of the company, physically separate, in that exercised a certain activity, using a group of workers under a common authority. c) Contract of employment? it is that for which a worker assumes an obligation to put theirprofessional activity inside to the disposition of an employer of the extent of the organization and under the direction and authority of this, tends as compensation a remuneration. d) learning Contract? it is that for which an employer industrial or agricultural an artisan either assumes an obligation to give or to do a methodical professional
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formation, it completes and he practices a person that in I begin him/it of the learning has age understood between the 14 and 18 years, and this he assumes an obligation conforms her her as the instructions and given directivas and to execute properly accompanied, the works that are him/her confident with view to theirlearning, in the conditions and during the time wakened up; a) do I Negotiate of I work as a trainee? it is that for the which an employer industrial, agricultural or of service he/she assumes an obligation to receive in practical work, in order to improve their knowledge and to adapt them at the level of qualification académica, a person holder of a course technical or professional, or of a professional course or laboral officially recognized, with 18 to 25 years, or a person with 18 to 30 years no holder of any of the mentioned courses, since, in a case and in other, the trainee has not celebrated a contract of employment before with the same or other employer. f) Contract of employment in the home? it is that in that the provision of the activity laboral is accomplished either in center of the worker's work or in place in the home freely chosen for that without subjection to the direction and authority of the employer, since the gained wage, the worker should be considered in the dependence económica of the that; g) rural Contract of employment? it is what is celebrated for the exercise of professional activitys in the agriculture, forestry and livestock, whenever the work is dependent of the rhythm of the stations and of the conditions climatéricas; h) does Contract of employment approach of embarkation? it is that that is celebrated between a trapper or theirrepresentative and a sailor, tends for object a work to accomplish on board of an embarkation of the navy, of the trade or of fishing; i) Contract of employment on board of aircrafts? it is that that is celebrated between the employer or theirrepresentative and an individual tends for object a work to accomplish on board of aircrafts of commercial aviation; j) do I Negotiate for task? it is that that is celebrated between a contractor or a work proprietor, establishment or it elaborates with an individual or collective that he/she takes charge of the accomplishment of tasks or certain services in the base of a subtaskwork; k) do I Negotiate of group? it is that for which a group of workers assumes an obligation to put theirprofessional activity to the disposition of an employer, and the employer doesn't assume that quality in relation to each one of the members of the group, but just in relation to the boss of the group; l) Employer? it is the whole individual, collective, of public law or private, that it organizes, it drives and it receives the work of an or more workers, be treated of mixed company, toilet or cooperative or of social organization; m) Company? it is the whole stable and relatively continuous organization of instruments, means and joined factos and ordered by the employer, seeking a productive activity or service provision and whose workers are subject, individually and collectivemente, to the regime of the present law and of more labor law sources; n) Lack? it is the worker's of the work center absence during the normal period of daily work;
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a) flexible working hour? it is that in that I begin him/it and the terms of the work are not common to all the workers, and in that each one enjoys freedom in the choice of theirworking hour, inside of the established conditions for law; p) Infracção to discipline? it is the worker's guilty behavior that it violates their resulting duties of the relationship legal and employment, namely the established ones in the article 46. of the present law; q) Workplace? it is the work center where the worker exercises theiractivity regularly and permanence; r) Seafaring? it is every individual, of an or of another sex, that he/she assumes an obligation, to the trapper or theirrepresentative, to exercise theirprofessional activity on board of an embarkation; s) Nomination? it is the acto for which a worker, belonging or not to the picture of personnel of the company, it is constituted by the employer, with theirexpressed agreement, with temporary carácter and exclusively in the conditions foreseen in this law, in the leader's of a company quality of any nature or of an unit structural, or assigned of the exercise of functions characterized by the demand of a special trust relationship; t) normal Period of work? it is the period during which the worker is to the disposition of the employer for the execution of professional tasks the one that assumed an obligation with the establishment of the relationship legal and employment, and that he has as compensation the base wage; u) Regime of readiness? it is the regime in that the worker, out of theirnormal period of work, he/she should stay to the disposition of the employer, inside or out of the work center, during certain period of time, in order to happen to needs extraordinary and unexpected of work provision; v) Remuneration? it is the group of the provisions due económicas for an employer for an employer to a worker in compensation of the work for this rendered and in relation to the rest periods legally equivalent to the work provision; w) Worker? it is the individual or collective that, by sub-taskwork contract with a contractor or turn-key construction agreement been celebrated with the proprietor of the work, establishment or industry, he/she takes charge of the accomplishment of tasks or certain services, corresponding to theirprofessional specialization or activity, negotiating for that workers, the term right or uncertain and supplying to tools the necessary raw materials. x) Hard-working? it is the whole individual, national or resident foreigner, that voluntarily he/she assumes an obligation to put theirprofessional activity, by remuneration, to the service of an employer, in the extent of the organization and under the authority and direction of this. y) foreign Worker no resident? he/she is considered foreign worker no resident the foreign citizen with professional qualification, technique or it informs in that the country is not self-sufficient, contracted in foreign country to exercise theirprofessional activity in the national space for certain time. z) Worker nocturno? it is that whose working hour is totally nocturno, or it includes at least 3 hours of he/she works nocturno;
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aa) do I Work obligatory or compulsive? it is every work or an individual's demanded service about threat or coercion, and for which he didn't offer freely. bb) do I Work extraordinary? it is what is rendered out of the normal period of daily work, in anticipation, in the prolongation of the normal period, in the rest interval and meal and in the day or noon of weekly complemental rest. cc) do I Night work? it is it rendered in the period understood between the 22 hours of one day and the 6 hours of the following day; dd) do I Work in partial time? it is that in that the work renders work just during certain no. of days a year, month or week, or for a number of hours daily rates inferior to 2/3 of the number or daily normal working hours practiced in complete time, in the work center or service. The National chairman of the board, Roberto António Víctor Francisco of Almeida. The president of the republic, José Eduardo from Santos.

National assembly ?? Rectificação I series no. 42 of 2001 Having verified the existence of mistakes the text of the law no. 2/00, of February 11. ? General Labour Law published in the diary of the republic no. 6, 1.ª series, to the shelter of the article 5. of the law no. 8/93, of 30 of July-law under the form of legal diplomas, she proceed to the following rectificações The subparagraph d) of no. 2 of the article 117. raisin to have the following composition Article 120. (regime of readiness) The regime of readiness can only be practiced in work centers that render permanent services the colectividade, namely transports and communications, reception, transports and distribution of water and production, transport and distribution of energy and companies of continuous laboração in that it is indispensable for technical reasons, to maintain the regularity and normality of operation of the equipments and facilities. No. 1 of the article 156. raisin to have the following redacção Article 156. (lacks by accident, disease or attendance) 1. the justified lacks for the practice of the necessary and undelayable actos the one that refers the subparagraph i) of no. 1 of the article 152. they are paid inside inside of the following limits No. 6 of the article 163. raisin to have the following redacção Article 163. (wage modality)
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6. in the measure in that the employer has indicative adoptado of earned income and other bases of productivity definition in the terms of the article 162. , it can adoptar systems of wages variable or mixed in the sense of motivating the elevation of the productivity levels

No. 2 of the article 227. raisin to have the following redacção Article 227. (special protecção against the dismissal) 2. to the workers the one that refers the subparagraph a) of the previous number, the one that the employer decides to establish procedure to discipline for the dismissal, it is especially applied him/it willing of no. 3 of the article 52. in no. 2 of the article 55. , in the subparagraph c) of no. 1 and in no. 2 of the article 59. and in no.s 2 and 3 of the article 60. and in the 1 of the article 228. raisin to have the following redacção Article 228. (nullity of the dismissal) 1. the dismissal is null whenever to the worker it is not sent or give the convicação for the interview, the one that if rfere no. 2 of the article 50. , whenever it is if it doesn't accomplish for fault of the employer or whenever to the worker it is not made the dismissal communication in the terms of no. 2 of the article 52. The subparagraph a) of the article 247. he/she is able to have the following redacção Article 247. (illicitness of the dismissal) a) When the reasons invcadas to base the dismissal colectivo in the terms of the article 238. go inexistent comprovadamente. Luanda to the June 19, 2001. The national chairman of the board, Roberto António Víctor Francisco of Almeida. Be published. The president of the republic, José Eduardo from Santos.

Cabinet ???? Ordinance no. 11/03 Of 11 of Março Considering that the article 318. of the general Labour Law, ahead designated (LGT) it refers that the misdemeanors to the determination in the referred law and other complemental legislation are punished with fine in the terms of own diploma that it fastens the maximum limits and minima of punishment for each conduct contravencional, the competence for application of the fines, the criteria of graduation of these and the period of caducity of the acção contravencional;

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In the terms of the combined dispositions of the goods 318. and 321. of the law no. 2/00, of February 11, of the subparagraph h) of the article 110. and of the article 113. both of the constitutional law, the government decrees the following I capitulate I General dispositions Article 1. (Object) The present diploma establishes the regime of the fines, for misdemeanors to the determination in the law no.2/00, of February 11 general Labour Law and complemental legislation. Article 2. (extent) The present diploma is applied her/it all of the companies publish, toilets, mixed or cooperatives subject to the acção of the general Inspection of the work. Article 3. (misdemeanor) For the effect of the present it graduates, the misdemeanors are factos that count constituent elements of violation or lack of observance of the preventive dispositions of the laws and regulation regarding the relationship laboral. Article 4. (competence) The application of the established fines in the present diploma is of the exclusive competence of the general Inspection of the work in the terms of the general Labour Law and of more legislations applicable. Article 5. (prescription) 1. the misdemeanors foreseen in the present graduates prescribe elapsed two years to count of the date that you/they have been practiced. Article 6. (responsibility for the payment of the fines) The entities referred in the article 2. of the present graduates are responsible for the payment of the fines, when committed by their organs or representatives in theirname, or in the interest colectivo without damage of the individual responsibility that it fits them. CHAPTER II
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Misdemeanors and repeatable sanctions Section I Article 7. (Right to the work) The violation of the right to the opportunity equality and treatment in the work the discriminatory of selecção of the workers' evaluation use of criteria foreseen in the article 3. of the general Labour Law, it will be punished with fine 5 to 10 days times the monthly medium wage practiced in the company. Article 8. (I work obligatory or compulsive) He/she practices her/it talent work obligatory or compulsive constitutes punishable misdemeanors with fine from 5 to 10 times the monthly wage practiced in the company. Article 9. (related rights) Without damage of the established fines for own diplomas, the willing breach in the article 6. of the general law of work constitutes punishable misdemeanor with fine of 4 to 8 times the monthly wage practiced in the company. Section II constitution of the relationship legal and employment Article 10. (disable and null contracts) The contract of employment celebration that you/they contradict the determination in the goods 11. and 20. of the general Labour Law for theirform and content is punished with fine from 2 to 5 days times the monthly medium wage practiced in the company by each contract. Article 11. (contracts with foreign workers no residents) The lack of length of the requirements and formalities in the celebration of the contract of employment with foreign workers no defined residents of no.5. article 13. of the general Labour Law specific legislation constitute punishable misdemeanor with fine of 5 to 10 times the monthly medium wage practiced in the company. Article 12. (contract formalities) 1. the lack of execution of the formalities foreseen in the dispositions of no.3 of the article 13. , no.2 of the article 14. , no.1 of the article 25. , in no.1 of the article 28. and in no.4 of the article 282. of the one of the general Labour Law is punished of 2 to 5 times the monthly medium wage practiced in the company.
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2. the established fine of the previous number will be equally the entity employer that if it contract whose the duration contradicts him is celebrated foreseen in the goods 14 to 16 of the general law of work. Article 13. (prohibition of the contracts for a lifetime) It constitutes punishable misdemeanors with fine from 3 to 6 times the monthly medium wage practiced in the company the contract of employment celebration for a lifetime. Article 14. (notice) The lack of the execution of the notice in the extinction of the contract of employment foreseen in the dispositions of no. 3 of the article 18. , no. 3 of the article 218. , article 232. and article 244. of the general Labour Law constitutes punishable misdemeanors with fine of 2 to 5 times the monthly medium wage practiced in the company. Article 15. (special modalities of the contract of employment) It constitutes punishable contraversão with fine from 2 to 5 times the monthly wage practiced in the company the non execution of the formalities foreseen in the article 22. to the 37. of the general Labour Law in the celebration of the contract of employments, of special modalities. Article 16. (placement agency) The private agencies of placement that are not authorized to exercise the respective activity for the minister that protects the administration of the work in the terms foreseen in no. 2 of the article 32. of the general Labour Law incur in the punishable misdemeanor with fine from 3 to 6 times the monthly medium wage practiced in the company. Article 17. (restrictions) It constitutes punishable misdemeanor with fine of 2 to 5 times the monthly medium wage practiced in the company the lack of execution of the established norms in no.s 1 and 2 of the article 34 of the general Labour Law. Article 18. (conditions of work liabilities dues to the apprentice and the trainee) It constitutes misdemeanor the level with fine of 2 to 5 times the monthly medium wage practiced of the company the execution lack to the determinations in no.s 1 to the 4 of the article 35. of the general Labour Law. Article 19. (limits minima of the apprentice's remuneration and of the trainee)
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The lack of execution of the determination in n.os 1 and 2 of the article 36. of the general Labour Law constitutes punishable misdemeanor with fine of 3 to 6 times the monthly medium wage practiced in the company.

Section III However of the relationship legal and employment Article 20. (Abusive restrictions to the work freedom) The abusive practice of restricting the work freedom, on the part of the employer foreseen in the article 37. of the general Labour Law, it constitutes punishable contraversão with fine of 4 to 8 times the monthly medium wage practiced in the company. Article 21. (to discipline) The violation of the determination in the goods 38. and 59. of the general Labour Law, as for the exercise of could discipline of the entity employer, it constitutes punishable misdemeanor with fine of 4 to 8 times the monthly medium wage practiced in the company. Article 22. (registo of the disciplinary measures) The non execution in n. 2 Of the article 57. of the general Labour Law constitute punishable misdemeanor with fine of 2 to 5 times the monthly medium wage practiced in the company. Article 23. (obligatory regulations) It constitutes punishable misdemeanor with fine of 2 to 5 times the monthly medium work practiced in the company, the lack of elaboration of internal regulations foreseen in the article 70. of the general Labour Law. Section IV Modification of the relationship legal and employment Article 24. (communication and authorization of the general Inspection of the work) The lack of execution of the dispositions foreseen in no. 2 of the article 77. and of the n ses 6 and 7 of the article 81. of the general Labour Law, it constitutes punishable misdemeanor with fine of 2 to 5 times the monthly medium work practiced in the company. Article 25. (temporary modification of the functions or workplaces)

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It constitutes punishable misdemeanor with fine of 4 to 8 times the monthly medium wage practiced in the company, the non execution of the determination in no. 76 of the general Labour Law. Article 26. (modification of functions with definitive carácter) The non execution of the determination in no. 78 of the general Labour Law, constitutes punishable misdemeanor with fine 3 to 6 times the monthly medium wage practiced in the company. Article 27. (the worker's right transferred definitively) The entity employer that doesn't accomplish with foreseen him/it in no. 84 of the general Labour Law incurs in the punishable misdemeanor with fine of 4 to 8 times the monthly medium wage practiced in the company.

Section V Conditions of work provision Article 28. (safety and hygiene) The non execution on the part of the employer of the obligations, in what respects to the safety and occupational health, foreseen in the article 85. , 89. and 90. of the general law of work, it constitutes punishable misdemeanor with fine from 5 to 10 times the monthly medium wage practiced in the company. Article 29. (it inspects opinion poll of the new facilities and equipments) It constitutes punishable misdemeanor with fine of 4 to 8 times the monthly medium wage practiced in the company, the non execution of the determination in the article 92. of the general Labour Law Article 30. (creation of services and prevention commissions) The non constitution of safety's services and hygiene and commissions of prevention of occupational accidents, foreseen in the article 93. of the general law of work and legislation to complete it is punishable with fine of 5 to 10 times the monthly medium wage practiced in the company.
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Article 31. (medical examinations) The entity employer that doesn't execute the determination in no. 7 of the article 13. , article 55. , no.s 1 and 2 of the article 100. , no.s 1, 2 and 5 of the article 285. and complemental legislation, when to the submission of the workers to medical examinations, it incurs the punishable misdemeanor of 5 to 10 times the monthly medium work practiced in the company. Section VI Duration and temporary organization of the work Article 32. (duration of the work) It constitutes punishable misdemeanor with fine of 4 to 8 times the monthly medium work practiced in the company the non execution of the determination in the goods 96. , 98. , 103. , 113. and in the subparagraph d) of the article 121. all of the general Labour Law. Article 33. (interval of the daily rest) The breach of the determination in the article 97. of the general Labour Law constitutes punishable misdemeanor with fine of 2 to 5 times the monthly medium wage practiced in the company. Article 34. (registo of the extraordinary work) It constitutes punishable misdemeanor with fine of 2 to 5 times the monthly medium work practiced in the company the non execution of the administrative obligations foreseen in the article 106. of the general law of work.

Article 35. (schedule exemption) The lack of execution of the determination in the goods 107. to the 110. of the general Labour Law, in what refers to the exemption of the working hour constitutes punishable misdemeanor with fine of 2 to 5 times the monthly medium wage practiced in the company. Article 36. (conditions of recovery of interruption of the work)
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The violation of the determination in the goods 116. to 118. of the general Labour Law, relative to the conditions of recovery of interruption of the work of the rules and conditions the one that is subject the modulated schedules and variable, it will be punished with fine from 4 to 8 times the monthly medium wage practiced in the company. Article 37. (Regime of readiness) It constitutes punishable misdemeanor with fine from 2 to 5 times the monthly medium work practiced in the company the violation of the determination in the article 120. of the general law of work. Article 38. (working hour in alternation) It constitutes punishable misdemeanor with fine from 3 to 6 times the monthly medium wage practiced in the company the non observance of the established rules in the article 121. of the general Labour Law. Article 39. (working hour map) The violation of the established formalities in the article 123. of the general Labour Law, as for the map of the working hour it constitutes punishable misdemeanor with fine from 2 to 5 times the monthly medium wage practiced in the company.

Section VII Suspension of the provision of the work

Article 40. (closing of the work centers) The inobservance of the establishments of the goods 125. and 132. of the general Labour Law, constitutes punishable misdemeanor with fine from 4 to 8 times the monthly medium wage practiced in the company. Article 41. (I rest weekly) The non execution of the determination in the goods 126. to 128. and 131. of the general Labour Law, constitutes punishable misdemeanor with fine from 4 to 8 times the monthly medium wage practiced in the company. Article 42. (rights to vacations) The violation of the norms that you/they regulate the right to established vacations in the goods 135. to 147. of the general Labour Law, constitutes punishable
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misdemeanor with fine from 4 to 8 times the monthly medium wage practiced in the company. Article 43. (license without remuneration or for formation) The non execution of the determination in the goods 148. and 149. constitutes punishable misdemeanor with fine 2 to 5 times the monthly medium wage practiced in the company.

Article 44. (lacks to the work) The entity employer that to violate the dispositions foreseen in the goods 150. to 161. of the general Labour Law as for the lacks to the work, as well as the justified reasons and limits established for the absence to the work incurs in the punishable misdemeanor with fine from 3 to 6 times the monthly medium wage practiced in the company. Section VIII Remuneration of work Article 45. (no discrimination and the worker's warranties) The non observance of the determination in no.s 1 to 10 of the article 164. of the general Labour Law and complemental legislation, relatively the non discrimination and the worker's warranties, it constitutes punishable misdemeanor with fine from 5 to 10 times the monthly medium wage practiced in the company. Article 46. (remunerations and bonuses) It constitutes punishable misdemeanor with fine from 4 to 8 times the monthly medium work practiced in the company the non payment of the remunerations and defined bonuses in the general Labour Law, namely in the goods 99. , 105. , 110. , 114. , 130. , 134. , 146. , 165. , 218. , 286. and 293. Article 47. (clearance sale and payment of wages) The inobservance of the determination in the goods 173. to 178. of the general law of work, constitutes punishable misdemeanor with fine from 4 to 8 times the monthly medium wage practiced in the company. Article 48. (compensation and discounts on the wage) The inobservance of the determination in the goods 179. and 180. of the general Labour Law, in what refers the compensation and discounts on the wage, it constitutes
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punishable misdemeanor with fine from 5 to 10 times the monthly medium wage practiced in the company. Article 49. (protecção of the wage) The non execution of the determination in the goods 184. to 186. of the general law of work constitutes punishable misdemeanor with fine from 3 to 6 times the monthly medium wage practiced in the company. Article 50. (economatos) The non execution of the goods 188. , 189. , 192. and 193. of the general Labour Law, as for the installation rules and operations of the economatos it constitutes punishable misdemeanor with fine from 4 to 8 times the monthly medium wage practiced in the company. Article 51. (labor laws moved) The violation of the moved worker's rights established in the goods 191. , 194. , 195. and 196. of the general Labour Law, it constitutes punishable misdemeanor with fine from 4 to 8 times the monthly medium wage practiced in the company. Article 52. (suspension of the relationship legal and employment) The violation of the rules and relative procedures to the suspension of the relationship legal and employment, foreseen in the goods 199. to 207. of the general Labour Law, it constitutes punishable misdemeanor with fine from 3 to 6 times the monthly medium wage practiced in the company. Section IX Extinction of the relationship legal and employment Article 53. (job stability) The extinction of the relationship legal and employment with ceasing of the contract of employment for foundations no foreseen in the general Labour Law, it constitutes misdemeanor punished with fine of 4 to 8 times the monthly medium wage practiced in the company. Article 54. (work certificate) The non execution of the determination in the article 217. of the law of the general of work, constitutes punishable misdemeanor with fine 2 to 5 times the monthly medium wage practiced in the company. Article 55. (caducity for facto respeitante to the employer) The attribution lack to the worker of the indemnizações foreseen in no.s 1 and 2 of the article 219. of the general Labour Law, it constitutes punishable misdemeanor with fine from 3 to 6 times the monthly medium wage practiced in the company. Article 56.
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(caducity for bankruptcy or insolvency) The lack of the maintenance of the wage to the workers that continue to render work, in the terms foreseen in the article 220. of the general Labour Law, it constitutes punishable misdemeanor with fine from 3 to 6 times the monthly medium wage practiced in the company. Article 57. (procedure for dismissal) The inobservance for the entity employer of the procedures for the dismissal foreseen in the goods 231. to 233. and 239. to 244. constitutes punishable misdemeanor with fine of 4 to 8 times the monthly medium wage practiced in the company. Article 58. (the dismissed worker's right) The non inobservance of the determination in the goods 235. , 236. , 245. and 246. of the general law of work, it constitutes punishable misdemeanor with fine from 4 to 8 times the monthly medium wage practiced in the company. Article 59. (The worker's rights discharged) It constitutes punishable misdemeanor with fine from 4 to 8 times the monthly medium work practiced in the company the non execution of the determination in the goods 258. and 259. of the general Labour Law as for the worker's rights discharged. Article 60. (indemnizações and compensations) The non payment of the indemnizações and compensations foreseen in the goods 261. to 266. of the general Labour Law, it constitutes punishable misdemeanor with fine of 4 to 8 times the monthly medium wage practiced in the company. Section X Applicable conditions to workers' specific groups Article 61. (forbidden works and conditioned) The women's occupation and smaller in forbidden works or conditioned foreseen in no.s1 and 2 of the goods 269. and 284. of the general Labour Law constitutes punishable misdemeanor for fine of 5 to 10 times the monthly medium wage practiced in the company. Article 62. (duration and organization of work) The duration and organization of the time of the work that don't respect him/it foreseen in the goods 271. ,287. and 292. of the general Labour Law, in what it respects to the woman's work, of minors, and of workers with reduced capacity constitutes punishable misdemeanor with fine of 4 to 8 times the monthly medium wage practiced in the company.

Article 63.
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(protecção in the maternity) The violation of the hard-working woman's special rights defined in the goods 272. to 276. of the general Labour Law, as for the protecção in the maternity, it constitutes punishable convention with fine of 5 to 10 times the monthly medium wage practiced in the company. Article 64. (protecção against dismissal) The hard-working entity that doesn't observe the regime special of protecção against the woman's dismissal and of the smallest, foreseen in the goods 278. and 288. of the general Labour Law will be punished with fine of 2 to 5 times the monthly medium wage practiced in the company. Article 65. (celebration of the contract of employment) Establishment of the relationship legal and employment with minors that don't obey the determination in the article 282. of the general Labour Law it constitutes punishable misdemeanor with fine of 4 to 8 times the monthly medium wage practiced in the company. Article 66. (special conditions of minors' work) The non execution of this entity employer of the foreseen in the article 289. of the general Labour Law, it constitutes punishable misdemeanor with fine from 3 to 6 times the monthly medium wage practiced in the company. CHAPTER III Final provisions and transitory Article 67. (graduation of the fines) 1. the amount of the fines foreseen in the present diploma will be graduated by the entity with competence for confirmation of the news acto, in function of the gravity of the infracção and of the degree of the offender's fault. 2. in rule, to the first infracção it had corresponded the minimum amount of the fine foreseen in each case, could be high, in case of backsliding, fault degree and gravity of the infringed matter. 3. in the cases of fraud or coacção, or other fraudulent ways, the fine can be graduate to the decuple, independently of the procedure of disciplining or criminal that fits. Article 68. (actualização of the fines) The actualização of the constant fines of the present diploma will be made through united executive ordinance of the ministers of the finances and of the public administration, job and social security.
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Article 69 (I destine of the fines) The product of the applied fines to the shelter of the present diploma will revert for master budget of the state, bottom of financing of the social security and general Inspection of the work in the proportions of 50, 30 and 20%, respectively Article 70. (monthly medium wage) 1. effects of the present graduate, he/she is considered monthly medium wage the amount that results of the sum of the wages ilíquidos practiced in the company divided by the number of workers of the respective company. The monthly medium wage the one that refers the previous number is moderated a month previous to the verification of the infracção.

Article 71. (resolution of doubts) The doubts and resulting omissions of the interpretation and application of the present graduates will be resolved for ruling of the minister that has in theirposition the administration of the work. Article 72. (entrance in energy) The present diploma goes into effect in the date of theirpublication. Seen and approved in cabinet, in Luanda, to the October 29, 2002. Be published. The president of the republic, JOSÉ EDUARDO DOS SANTOS.

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