what is law 88.2
Artigo 88.
o
Autorização de residência para exercício
de actividade profissional subordinada
1 — Para além dos requisitos gerais estabelecidos no
artigo 77.
o
, só é concedida autorização de residência
para exercício de actividade profissional subordinada a
nacionais de Estados terceiros que tenham contrato de
trabalho celebrado nos termos da lei e estejam inscritos
na segurança social.
2 — Excepcionalmente, mediante proposta do direc-
tor-geral do SEF ou por iniciativa do Ministro da Admi-
nistração Interna, pode ser dispensado o requisito pre-
visto na alínea a ) do n.
o
1 do artigo 77.
o
, desde que
o cidadão estrangeiro, além das demais condições gerais
previstas nessa disposição, preencha as seguintes con-
dições:
a ) Possua um contrato de trabalho ou tenha uma
relação laboral comprovada por sindicato, por associa-
ção com assento no Conselho Consultivo ou pela Ins-
pecção-Geral do Trabalho;
b ) Tenha entrado legalmente em território nacional
e aqui permaneça legalmente;
c ) Esteja inscrito e tenha a sua situação regularizada
perante a segurança social
Artigo 88. o Autorização de residência para exercício de actividade
profissional subordinada 1 — Para além dos requisitos gerais estabelecidos no artigo 77. o , só é
concedida autorização de residência para exercício de actividade profissional subordinada a nacionais de Estados terceiros
que tenham contrato de trabalho celebrado nos termos da lei e estejam inscritos na segurança social. 2 — Excepcionalmente,
mediante proposta do direc- tor-geral do SEF ou por iniciativa do Ministro da Admi- nistração Interna, pode ser dispensado
o requisito pre- visto na alínea a ) do n. o 1 do artigo 77. o , desde que o cidadão estrangeiro, além das demais condições
gerais previstas nessa disposição, preencha as seguintes con- dições: a ) Possua um contrato de trabalho ou tenha uma relação
laboral comprovada por sindicato, por associa- ção com assento no Conselho Consultivo ou pela Ins- pecção-Geral do Trabalho;
b ) Tenha entrado legalmente em território nacional e aqui permaneça legalmente; c ) Esteja inscrito e tenha a sua situação
regularizada perante a segurança social
english translation
Article 88. Residence permit for the performance of work subject 1 - Beyond the general requirements
laid down in Article 77. thereof, is granted a residence permit to exercise the professional activity subject to nationals
of third countries who have an employment contract concluded under the law and are enrolled in social security.
2 - Exceptionally, the proposal of the Director-General of SEF or by the Minister of Interior
Manage-ment, may be waived the requirement provided for in point a) of 1 of Article 77. thereof, provided that the alien,
beyond the other conditions provided in this article, complete the following con-ditions: a) possess a work contract or employment
relationship evidenced by a union, by associa-tion with a seat in the council or Ins-inspection by the General Labor, b) has
entered legally in the country and remain here legally, c) is registered and has his situation settled before the social security.
what is law 78 ?
Artigo 78. o Renovação de autorização de residência temporária 1
— A renovação de autorização de residência tem- porária deve ser solicitada pelos interessados até 30 dias antes de
expirar a sua validade. 2 — Só é renovada a autorização de residência aos nacionais de Estados terceiros que: a ) Disponham
de meios de subsistência tal como defi- nidos pela portaria a que se refere a alínea d ) do n. o 1 1 do artigo 52. o ; b )
Disponham de alojamento; c ) Tenham cumprido as suas obrigações fiscais e perante a segurança social; d ) Não tenham sido
condenados em pena ou penas, que, isolada ou cumulativamente, ultrapassem 1 ano de prisão. 3 — A autorização de residência
pode não ser reno- vada por razões de ordem pública ou de segurança pública
English translation
Renewal of temporary residence permit 1 - The renewal of residence permit is temporary, should
be requested by the parties 30 days before expiry of its validity. 2 - It is only renewed the permit to nationals of third
countries who: a) control of means of livelihood as laid down by the ordinance referred to in point d) of 1 1 of Article 52.
a, b) have the accommodation, c) has fulfilled its obligations towards the tax and social security, d) have not been convicted
in penalty or punishment, which, individually or cumulatively exceed 1 year imprisonment. 3 - The residence permit can not
be renewed for reasons of public order or public security.
What is law 123
Artigo 123. o Regime excepcional 1 — Quando se verificarem situações extraordinárias a que não sejam aplicáveis
as disposições previstas no artigo 122. o , bem como nos casos de autorização de residência por razões humanitárias ao abrigo
da lei que regula o direito de asilo, mediante proposta do direc- tor-geral do SEF ou por iniciativa do Ministro da Admi-
nistração Interna pode, a título excepcional, ser con- cedida autorização de residência temporária a cidadãos estrangeiros
que não preencham os requisitos exigidos na presente lei: a ) Por razões de interesse nacional; b ) Por razões humanitárias;
c ) Por razões de interesse público decorrentes do exer- cício de uma actividade relevante no domínio científico, cultural,
desportivo, económico ou social. 2 — As decisões do Ministro da Administração Interna sobre os pedidos de autorização
de residência que sejam formulados ao abrigo do regime excepcional previsto no presente artigo devem ser devidamente fundamentadas.
english translation
Article 123. the scheme exceptional 1 - If the extraordinary events that do not apply the provisions
of Article 122. as well as in cases of permanent residence on humanitarian grounds under the law governing the right of asylum,
on the proposal of the Director-General of SEF or by the Minister of Interior Manage-ment may, exceptionally, be con-ceded
temporary residence permit to foreign citizens who do not meet the requirements of this law: a) For reasons of national interest,
b) For humanitarian reasons, c) for reasons of public interest arising from the financial year of an activity relevant scientific,
cultural, sporting, economic or social. 2 - Decisions of the Minister of Home Affairs on applications for residence permits
are made under the exception provided in this Article shall be properly justified.
Labour Law
The law now allows, as a general rule, the performance of temporary labour contracts in order
to satisfy any transitory needs of the company and only for the required period of time to comply with those needs. The Code
completes this general rule with an exemplificative catalogue of situations that can justify the employment of staff under
a temporary labour contract.
Therefore, a transitory need of the company can be considered, namely:
- The direct or indirect replacement of an employee who is not able to render his services
for some reason or in relation to whom there is a pending legal action concerning dismissal, as well as the replacement of
an employee who is merely absent or benefiting from a non-remunerated license, or, moreover, of an employee who went from
working full-time to half time;
- Seasonal activities or other activities with irregular cycles of production;
- Unusual increase of activity;
- The performance of occasional tasks or of determined, precise and non-lasting services;
- The performance of works, projects or other precise and temporary activities.
The Code now foresees other situations, which allows temporary employment, not necessarily
related to transitory needs of the company, such as:
- The beginning of a new activity with an uncertain duration, or the start up of a company
or establishment;
- Employment of workers looking for a first job or long time unemployed, and other situations
of special employment policies.
It is employer’s responsibility to provide evidence for the facts that justify the
temporary employment.
Labour contracts limited to a fixed period of time have to be written and signed by both
parties and have to contain certain elements. It is necessary to indicate the motive for the temporary employment by describing
the facts that integrate such motive, and it is also necessary to establish a relation between the motive and the period of
duration of the contract.
Other elements such as the signature of both parties, their identification, as well as the
dates of appointment and of termination, must be included in
the contract, otherwise it can be considered as a permanent contract and the employer will
not be able to terminate it unilaterally.
Consecutive contracts
Termination, by the employer, of a temporary labour contract prevents a new admission of
an employee, on a temporary basis, for the same job during a certain period of time. This period of time is now of one third
of the duration of the contract (including renewals).
The Labour Code provides for certain exceptions to this rule:
- New absence of a replaced employee when the temporary contract had the purpose of replacing
such employee;
- Unusual increase of activity after the termination of the temporary contract;
- Seasonal activities;
- When the employee was appointed, in the first place, when looking for a first job.
Should the consecutive contract be signed with the same employee without respect for the
legal period of time above mentioned, the contract will be considered permanent and seniority will be calculated from the
date when the employee was first admitted.
Should the employer wish to admit an employee to execute the same functions, under a contract
without term, the employee, admitted previously on a temporary basis will have preference in the admission for such employment
during 30 days after the termination of his contract, otherwise the employer may have to pay him compensation.
Time Limits
The new Labour Code continues to provide for a maximum duration of 3 years for temporary
contracts, including renewals. However, now the Code admits the possibility to, at the end of those 3 years, (or after the
maximum number of two renewals), to renew the contract for one more period of time which cannot be less than one year and
greater than 3 years. Therefore the maximum time limit for temporary contracts is now 6 years with the limit of three renewals.
The duration of temporary labour contracts is more limited in cases where the motive for
the term is the introduction of an activity of uncertain duration, the start-up of a company and long-term unemployment. In
such cases the duration of the contract cannot exceed two years. Also in cases of employees looking for a first job the duration
of the contract cannot exceed 18 months.
Labour contracts with a fixed term are subject to automatic renewal, at the end of the term,
for an equal period of time. In case the limits of duration are exceeded, or the number of renewals, the contract will be
considered permanent.
The near impossibility to execute temporary labour contracts for less than 6 months continues,
i.e., only in cases of replacement of employee, increase of activity, seasonal activities and execution of occasional tasks
is it possible to enter into this type of contracts.
Temporary labour contracts with an uncertain term are those contracts with no fixed period
but subject to the completion of an activity.
Therefore, temporary labour contracts can only have an uncertain duration in the following
situations: replacement of employee, seasonal activities and execution of occasional tasks or non-lasting services, unusual
increase of activity and execution of works, projects or other defined and temporary activities.
A temporary contract with an uncertain duration has no limit of time, lasting for all the
time of the maintenance of its motive. Therefore, the contract will only be considered permanent should the employee remain
employed after the period of prior notice, if that is the case, or after 15 days from the conclusion of the activity for which
he was appointed to (or from the return of the replaced employee).
Holidays
Under the general provisions of the Labour Code concerning this matter, employees have a
statutory right to a minimum of 22 days annual paid holiday. This right is acquired by the employee immediately upon the signature
of the contract. However the right to take the annual leave is only effective as from the 1st of January of each civil year.
During the employees’ first year of employment they have the right to 2 days of paid holiday for each month of employment
(which an employee can only take after 6 months of consecutive work), up to a maximum of 20 days. If this leave cannot be
taken by the employee up to the end of the first year it can be taken in the following year, however, the accumulation cannot
lead to a period of holidays larger than 30 days on such following year.
Finally, a very important innovation in this new Labour Code concerning holidays is the possibility
to increase the normal period of 22 days of paid holiday up to 25 days in case the employee has no absences from work or has
only up to 3 justified absences.
Termination of temporary contracts
Temporary labour contracts terminate at the end of the agreed period by means of simple written
notification from the employer with 15 days minimum notice to the date of termination (or 8 days in case of termination by
the employee). Temporary agreements aimed at certain transitory jobs, with no fixed period but subject to the completion of
the activity, require a prior notice by the employer 7, 30, or 60 days whether the agreement had a duration of respectively,
6 months, from 6 months to 2 years, or for a longer period.
The expiration of the contract resulting from the notification of the employer will entitle
the employee to compensation corresponding to 3 or 2 days of remuneration for each month of duration of the contract, depending
if the contract lasted for up to 6 months or more.
Revocation
An employee appointed temporarily who wishes to terminate his contract before the end of
the term can revoke the same by notifying the employer with a prior notice of 30 or of 15 days should the agreement have a
duration of, respectively, 6 months or more, or less than 6 months.
Vacations, Holidays and Absences
HOLIDAYS
Section
208 - Mandatory Holidays
What are the statutory holidays?
The statutory holidays are:
January 1
Friday
Easter
Sunday
April 25
May 1
Corpus Christi (movable feast)
June 10
August 15
October 5
November 1
1, 8 and
December 25
Section 208 - Mandatory Holidays
There may be change of the holidays?
The holiday of Good
Friday may be taken on another day during Easter.
Article 210 Imperative
Besides the holidays can be observed
others?
Besides the statutory holidays may be observed Tuesday of Carnival and the local municipal holiday.
These
optional holidays may be replaced by others in which employer and employee agree.
The collective agreement can not set
different holidays.
VACATION
Section 212 - Acquisition of Right to Holidays
The workers have to leave
right?
Workers are entitled to a period of 22 working days vacation per year.
The right to leave one achieves
with the conclusion of the contract matures on January 1 of each year, refersAs a rule to work performed the
previous year.
However:
- No year of the contractThe workers are not entitled, after six months
of work, to enjoy 2 working days of leave per month, up to 20 working days. But moving to another calendar year unless the
employee has completed six months or without having taken the holiday, they can be taken until June.
But no workers can
enjoy in this year, more than 30 working days of vacation, unless the collective agreement permits.
Holidays
added:
- If the worker, the calendar year, does not have faults, or has only a day or two half days of absence
justified, or suspension of contract due respect to you, you entitled to 3 more days of vacation;
- If the worker,
the calendar year, have only two days or four half days of absences are justified, or suspension of contract due respect to
you, you are entitled over the two days of vacation;
- If the worker, the calendar year, has up to three days or
six half-day absences are justified, or suspension of contract due respect to you, you are entitled to more 1 days holiday.
Contracts
of less than six months:
- If the contract does not reach six months the employee is entitled to 2 working days
leave for each full month of contract.
- In these contracts (less than 6 months) the joy of the holiday occurs immediately
before the termination, unless the parties.
Section 211 - Right to Holidays
The employee can waive the right
to leave?
In principle, the entitlement is inalienable. But the worker may enjoy only 20 working days, Renouncing
the other, receiving the salary and allowance corresponding to the full.
Section 215 - Concurrent Holidays
The
employee may accumulate vacation several years?
In principle not. The holidays should be enjoyed in the calendar year
in which it accrues.
But there is no agreement or where the employee wishes to enjoy the holidays with relatives living
abroad, the leave may be taken in the first quarter of next year, accrued or not, with this year.
In addition, by agreement
between employer and employee, this may accumulate vacation half of last year with the next.
Section 216 - Termination
of the Company or Establishment
Can the company shut down for vacation?
The company may close up 15 days followed
between May 1 and October 31. You can quit but for a longer period, but during that period if the nature of the activity so
requires.
You can also shut for longer than 15 days, or outside that period if it is required by the collective agreement
or the Workers Committee gives its assent.
You can also close during the Christmas holidays until five working days
followed.
Section 217 - Marking Period Vacations
Who are marked by the holidays?
The holidays are
marked by agreement between employer and employee.
Failing such agreement, the leave must be scheduled by the employer,
between 1 May and 31 October, unless otherwise favorable opinion of the Works, or provision in the collective agreement.
Also
in the companies up to 10 employees marking the holiday does not have to obey those dates. The employer must also draw the
map on vacation to be posted between April 15 and October 31.
The holidays can be merged provided there is agreement between
employer and employee and if they are taken at least 10 consecutive business days.
Art 218 - Change of Marking Period
Vacations
Once you have marked the holiday can be altered?
If overriding the functioning of the enterprise change
necessitate the vacation, the employee must be compensated for damage suffered to the amendment, leaving the employer to re-mark
them without reference to the period 1 May to 31 October.
The interruption of the holiday can not prejudice the enjoyment
followed by half the period to which the employee is entitled.
If the termination of the contract is subject to notice,
the employer may determine the anticipation of holidays to time prior to the termination date.
Section 219 - Period
of Disease in Holidays
What happens if the employee becomes ill during the holiday season?
Sick worker, the holidays
are suspended if the employer is informed that, continuing after discharge, if they will persist and it is up to that
mark the missing ones without being subject to the period from May 1 to October 31 and may be enjoyed until April 30 next
year.
The disease is justified by a hospital, health center or a medical certificate, but may be reviewed by the doctor
of Social Security. In case of no communication from the disease or opposition to surveillance, the days of the alleged disease
are considered holiday, subject to disciplinary action.
Section 220 - Effect of Suspension of Employment Contract
Extended by Impediment
Is the employee entitled to leave when his contract is suspended for being a month or more, outside
the company due to illness, accident, military service, civilian service?
In the year suspensionIf it proves
impossible all or part of the enjoyment of the holiday entitlement has accrued, the employee is entitled to payment for the
leave not taken and their allowance.
In the year cessation of suspension the employee after six months of work,
is entitled to Two days paid holidays for each monthUp to 20 working days. But if, because of the completion of that
period comes the next year the worker may enjoy the holidays until April 30.
If the contract terminated after this
prolonged impediment, the employee is entitled to remuneration and holiday pay at time of service in the year when the closure.
Section
221 - Effect of Termination of Employment Contract
A vacation that the employee has the right ceases when the employment
contract?
Ceasing the contract, the employee is entitled to remuneration of holiday period proportional the
service rendered through the termination, as well as their allowance.
But if the contract is terminated before the vacation
leave taken due at the beginning of the year, is entitled to receive reimbursement for the holidays, as well as their salary,
counting the period of vacation time for seniority.
In no case because under the rules of the two preceding paragraphs,
a contract less than 12 months may result in a vacation (salary and length) than the proportion to the duration of
the contract.
Section 222 - Infringement of the Right to Holidays
Is the employer obliged to give leave to the
employee?
Yes, if the fault of the employer the employee does not enjoy the holidays a year, plus enjoy the power in
1st quarter of next year, will have to pay him three times the return of the holiday period missing.
Section 223
- Exercise of Other Activity During the Holidays
Can the employee to carry out other activities during the holidays?
No.
The employee shall not engage in other employment during the holidays, unless already come to practice (dual employment) or
employer agrees.
A worker who works in another activity during the holidays, in addition to committing a disciplinary offense,
gives the employer the right to recover the payment for the holiday and subsidy through discounts in return for a sixth, reversing
half for the Institute of Security Financial Management Social.
Section 232 - Effect of Faults on the Right to Holidays
Absences
are discounted holidays?
In principle the errors have no effect on the holidays. But if the absences (excused or unexcused)
involve loss of pay the employee can replace a day of absence for a vacation day, a protected period of 20 days or the corresponding
proportion in the year of admission.
Article 665 º - Holidays
If the employer violates any of these duties
related
to workers' holiday, what happens?
Upon violation of rights to leave the employer of employees - in addition to having
to pay triple the fee is, in guilt, did not leave the worker - incur serious offense and shall be applicable fines varying
according to size the company.
FAULTS
Article 224 - Concept
What are faults?
Are absent
from work, either throughout the diary period, or periods of less that add to up to that. Since the daily periods variables,
counts as full day of work is of shorter duration.
Article 225 - Types of Faults
Article 80 - Work Schedule
Article
81 - Provision of Evidence Assessment
Article 40 - Fouls for Assistance to Minors
Article 41 Fouls Assistance for Grandchildren
Article
445 º - Fouls
What are justified and unjustified absences?
Absences are justified:
- At weddingDuring
Next 15 days;
- By demise spouse, father, mother, son or daughter stepfather, stepmother, stepson, father,
mother, son and daughter, or person living in a de facto union with the worker for 5 consecutive days;
- By demise
grandparents, great grandparents, grandchildren, brothers and in-laws during 2 days followed;
- For attending
classes or provide evidence education establishment;
- By illness, accident or fulfillment of legal obligations;
-
On the need for assistance urgent and essential in case of sickness or injury of children, adopted or stepchildren,
under ten years, regardless of age or if they are disabled or chronically ill, up to 30 days per year;
- To assist
the grandchildren who are children of adolescent mothers living with the worker until Followed 30 days after birth;
-
For travel to school responsible for the education of the child, once a quarter, and 4 hours;
- For performance
of duties by workers elected for workers' representative bodies that exceeds the credit hours;
- For election
campaign candidates for public office during the campaign period,
- Being authorized or approved by the employer;
Still
be justified other faults as well qualified by law.
All other is unjustified.
Section 226 - Imperative
Collective
agreements may be considered as justified other faults?
No. The agreements can have on the errors given by the workers
elected to the structures of collective representation.
But other misconduct may be established in the contract for each
individual worker.
Section 228 - Communication Failure Justified
Section 229 - Proof of Lack Justified
When
the communication must be made of absence justified?
Shortages are expected to be communicated with 5 days in advance.
Unpredictable,
as soon as possible.
If the reporting of absences are immediately follow others, must also be made to its communication
to the employer.
The lack of communication or opposition to disease surveillance by the physician, leads to the lack injustificação.
Section
229 - Proof of Lack Justified
How can an employer require justification to miss?
The employer may, within 15 days
following the reporting of faults, require proof.
Proof of illness is made by a hospital, health center or medical certificate
and may be reviewed by a physician, upon request of the employer social security.
Where no indication, in 24 hours, the
doctor for social security, which means an employer can not have any contractual relationship.
There was disagreement
between the medical opinions, may be required of the medical intervention. The presentation of medical statement with fraudulent
intent constitutes a false statement to just cause for dismissal.
Section 230 - Effect of Excused Absences
Section
333 - Facts Determinants
Are all paid absences justified by the employer?
No. Justified absences due to illness,
provided the worker benefits from social security protection in illness, accident at work if the worker is covered by the
insurance, those that are justified by law extravagant to the Labour Code and which exceed 30 days per year, as well as authorized
or approved by the employer, determine loss of pay.
In case of illness, accident or comply with legal obligations (military
service, civilian service) that actual or expected to exceed one month the employment contract is suspended. In the case of
absences for participation in the election campaign there is only right to pay a third of justified absences and employee
may miss half days or full days since notify 48 hours in advance.
Article 396 º - Just Cause for Dismissal
Section
231 - Effects of Unjustified Absences
What are the consequences of unjustified absences?
In addition to determining
the loss of the fee and discount on seniority, because they constitute breach of the duty of diligence may lead to disciplinary
proceedings with a view to dismissal.
It is considered that the employee committed a serious offense that lacked an unreasonably
or part-time work immediately before or after a holiday or weekend. If the worker arrive late more than half an hour, the
employer can refuse to provide for a part workday.
If the worker arrive late more than an hour, the employer can refuse
to provide throughout the workday.
Article 666 of - Fouls
If the employer violates certain rights related to
the justification of absences or discount on your holiday, what happens?
Upon violation of the rights of workers, the
employer incurs a serious offense and being applicable fines varying according to size.
