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Decree Law No. 6/2019


Publication: Republic Diary No. 9/2019, Series I of 2019-01-14
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 6/2019
  • Pages: 121 - 124

Summary in plain english

What is it?

This decree-law amends the rules of the General Law of Public Sector (LTFP).

What is going to change? The rules regarding the disciplinary power of the public employer are amended

The public employer may now apply a disciplinary sanction in the cases there is a new contract for the same functions and the breach was committed within the scope of the previous contract, which has expired.

Before, the employee would commit the breach and, as the contract would expire and a new one would replace it, it was not possible to apply the sanction.

Now, the termination of the contract does not stop the employer from punishing the employee if a new contract for the same functions is entered.

It is now possible for the public sector’ retirees to work past the 70 years old

If an employee reaches 70 years old and wishes to continue working, he/she may do so if authorized by the government members responsible for the Finances and Public Administration areas. The bound remains, as a rule, for six months renewable to a maximum limit of five years.

The retirees are paid the salary correspondent to the work provided. If their pension’s amount if higher than the salary, they may be entitled to the payment of the different between the pension and the salary.

The services at which the retirees work must always inform CGA or social security about the beginning of the functions and the remuneration.

What advantages does it bring?

This decree-law aims to:

    • ensure that the disciplinary sanctions may be effectively exercised when regarding the same functions;
    • promote the knowledge and experience share between generations.
When does it enter into force?

This decree-law enters into force on the first day of the month following its publication.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.