Admission
of employees
The admission of employees compels the employing entity
to comply with several proceedings that we briefly
herein present.
We obviously deal with this matter in general terms,
being certain that some sectors of activities have
specific rules and require consulting the labour
legislation, as well as the specific legislation for the
several areas of activity.
1. Usual obligations of the employing entity:
1.1.
Before the
beginning of the activity, must send a
communication to
the
ACT ,
with the name, area of activity or social object,
headoffice address and other outlets, indication of the official
publication of statutes, identification and domicile of
the Directors or Administrators, the number of employees
and the labour insurance contract (Artº 127º nº 4 CT).
1.2. To keep
on each outlet an updated record for all
employees, with the name, birthday and admission dates, model
of contract, category, promotions,
salaries, dates of beginning and end of holidays and
absentees which influenced the holidays (Art.
127 j) CT).
1.3.
To set down the
Timetable,
to be followed by the employee, and previously sent it
to the
ACT.
The average period of work cannot exceed eight hours per
day nor forty hours per week, but the collective
regulation related to labour must be consulted (Art. 212
and following ones CT).
1.4. To keep a
Record of Time in / Time out of the workers
(Art.
202 CT).
1.5. To keep a record of
Overtime Work
(Art.
226 and following ones CT).
1.6. To make an Insurance for Industrial Injury (Art.
283 n.5 CT),
as to protect all employees, which must be in force
before starting the work.
1.7. To organize the services related to
Safety, Hygiene and Health at Work,
as per applicable law
(Art.
281 CT).
1.8. To ensure
continuous training
at least to 10% of the employees with an open-ended
contract, with a minimum of 35 hours per year, using an
Annual Training Programme.
(Art. 130
and following ones CT).
2. When engaging an employee, the employing entity must:
2.1.
To
advise the admission of new employees
to the relevant entities of the Social Security
(District Centre where those carry out the activity), by
writing, before starting the work (until the end of the
first half of the normal period of daily work, the
latest), as per
DL
330/98, of 2/Nov.
For the employees that have
already a Social Security number and if the employer
disposes of an Internet password, the registration can
be made in the
Direct Social Security.
If the employee is not covered by the Social Security
yet, the employer must provide his/her registration
using the
form
RV1005 DGSS.
For a foreign employees must be used the
form RV1006/2009.
2.2.
To
advise
the
Working
Conditions Authority (ACT),
by writing and with a copy of the Work Contract attached
to it, when the employee is foreigner or stateless
(except for citizens from countries inserted in the
European economic space
or other similar schemes), before
starting the work.
2.3. To give to the worker,
during the
60 days after the biginning of the contract,
a
statement containing information related to the work
contract.
Such obligation is considered fulfilled when all the
information appears in the written work contract
(Art.
106 and 107 CT).
2.4. Draw up a written Work
Contract, which must be written is several situations.
The contract must be made in duplicate (in triplicate for foreign
employees) and give a copy to the employee. The most
usual contracts are: Open-ended period,
Fixed-Term
or Uncertain-Term,
taking into account the nature of the work and if the
contracting conditions
allow it.(Art.
110 and following CT).
3. Employee’s wages:
3.1. The wages must be paid monthly and a pay slip has
to be issued, with a copy for the worker. The wages are
liable for
Social Security
(consult
Decreto Regulamentar
12/83, of 12th. February)
and
Personal Income Tax (IRS),
the employer having to deduct the sums that are due. The employee’s wage cannot be inferior to the one set
down in the applicable Collective Convention of Labour
and cannot be inferior to the
minimum wage.
3.2. The law sets down that the employee is entitled to
paid
holidays
(Art.
237 and following ones CT).
3.3. Apart from the payment corresponding to the
holiday’s period, the employee is entitled to a
holiday subsidy (Art.
264 CT).
3.4. The employee is entitled to a Christmas subsidy
that must be paid until 15th December of each
year (Art.
263 CT).
The subsidy is equivalent to a month of the salary for a
full year of work, or proportionally to the period of
work performed.
3.5. The money received by the worker related to
Meal subsidy,
Omissions Subsidy,
Living Allowances
or
compensation for using one’s own car,
is not considered as a wage (Art.
260 CT).
For that reason, it is exempt from Social Security and
IRS, up to the fixed limits.
3.6. The profit sharing is not considered as a wage
neither, provided the employee gets a fixed, variable or
mixed wage, guaranteed by the contract and appropriate
to his/her work (Art.
260 f) CT).
3.7. According to the Labour Code, the hourly wage is
calculated through the formula: (Rm×12)/(52×n) in
which Rm is the amount of the monthly wages and
n the
normal weekly period of work (Art.
271 CT).
3.8. Every time the
employee receives some money in advance, must be issued
the necessary
Receipt of Advance.
4. Every year, the employing entities must comply with
the following:
4.1. In accordance with articles
32 to 34 of the Rules of the Labour Code (Law
No. 105/2009 of 14 September),
employers are required to report annually to the
ACT
the annual report concerning disclosure of social
activity of companies. This report was published by
Order No. 55/2010, of 21 January and aggregates
information that until now were provided independently.
4.2. Until 15th April, to draw up the
Holiday Map,
to be displayed in the premises until 31st
October
(Art.
241 CT).
4.3. Until 31st of March of every year, to submit a training report to the
ACT.
This obligation is suspended until the publication of
the Form through an Order until 31-03-2008.
Please see more detailed information provided by the
General Labour Inspectorate.
5. Other requirements:
5.1. During the
probationary period,
the contract can be terminated unilaterally without
previous notice by the employee or by the employer,
without payment of any compensation,
unless there is a written agreement stating differently (Art.
111 and following ones CT).
5.2. The employing entity must respect the rules laid
down by the Law regarding the
equality and non-discrimination
(Art.
23 and following ones CT).
5.3. The Labour Code disposes of a set of rules
regarding
bank holidays
(Art.
234 and following ones CT),
holidays
(Art.
237 and following ones CT) and
absences
(Art.
248 and following ones CT),
to which the employees and the
employer must be aware.
5.4. The staff that works in the car business, whose
cars are owned by the company, is compelled to carry an
Individual Control Booklet,
which must be previously certified by the
ACT.
6. When a work contract terminates, the employing
entity is compelled to:
6.1. Deliver to the employee a
Statement model 5044.
6.2. To advise the
ACT
by writing, within 15 days, if the
employee is foreigner or stateless.
6.3. To send a written communication (preferentially by
electronic mail) to the District
Service of
Social Security which embraces such employee
(art. 11 nr. 1 paragraph c) DL 8-B/2002, of 15/Jan).
Labour Code
- Law 7/2009, of 12 February -
Regulation of Labor Code - Law 105/2009, of 14
September
(Previous
Labour Code: Law 99/2003, of 27/8
-
Regulation: Law 35/2004,
of 29/7)
.
Social Security
Labour Minister
and Social Security
Working
Conditions Authority
General Labour Inspectorate
This note is
only for information and does not hold its divulgers
responsible. For thorough information you must consult
the Law.
