LegalizeDecreto n.º 58/97 — Aprova o Regulamento do Trabalho que regula as relações de trabalho entre as forças dos Estados Unidos da América nos…
Este é o ato tal como foi publicado. As alterações posteriores não estão incorporadas no texto: cada uma é um ato autónomo neste repositório e uma entrada no historial desta lei.
1 ato modificativo · 2010-06-09, Resolução da Assembleia da República n.º 53/2010 — Aprova o Acordo Que Modifica o Regulam…
Aprova o Regulamento do Trabalho que regula as relações de trabalho entre as forças dos Estados Unidos da América nos Açores e os seus trabalhadores portugueses
Repreensão registada;
Suspensão com perda de remuneração;
Despedimento.
2 - Uma sanção disciplinar deve ser proporcional ao grau de gravidade da ofensa e da culpa do infractor. Não pode ser aplicada mais de uma sanção disciplinar pela mesma infracção.
3 - A sanção disciplinar deve ser aplicada nos 60 dias subsequentes à data em que as USFORAZORES ou o supervisor imediato com autoridade disciplinar tomaram conhecimento da infracção. No entanto, quando forem necessárias investigações formais, o período de tempo é prorrogado por mais 45 dias após conclusão das investigações finais.
4 - As disposições do parágrafo anterior não excluem o direito de as USFORAZORES reclamarem eventuais indemnizações ou de intentarem outros procedimentos legais adequados.
5 - A perda de vencimento em resultado de sanção disciplinar prevista no parágrafo l, alínea c), supra não reverterá para o Instituto de Gestão Financeira da Segurança Social. Contudo, as USFORAZORES e o trabalhador farão os respectivos descontos para a segurança social após o pagamento referente ao período de suspensão.
Artigo 81.º — Limites das sanções
A suspensão do serviço com perda de remuneração não excederá, em regra, 12 dias por cada infracção nem, em cada ano civil, um total de 30 dias. Estes limites podem, no entanto, ser elevados para o dobro quando tal se justifique pelas circunstâncias especiais do posto de trabalho.
Artigo 82.º — Faltas disciplinares graves
Constituem faltas disciplinares graves:
Faltas injustificadas durante três dias seguidos ou seis dias interpolados durante um período de um ano;
Faltas injustificadas com alegações de justificação comprovadas falsas.
Artigo 83.º — Processo disciplinar
1 - A aplicação de sanções disciplinares referidas no artigo 80.º, n.º 1, alíneas b) e c), reger-se-á pelas seguintes regras processuais:
O processo disciplinar inicia-se com uma carta de proposta de acção disciplinar dirigida ao trabalhador, que conterá a descrição circunstanciada dos factos que lhe são imputados e com a indicação e fundamentação da sanção que se pretenda aplicar;
O trabalhador pode responder, por escrito, às acusações num prazo de cinco dias úteis;
Na resposta, o trabalhador pode indicar testemunhas para cada uma das acusações feitas na carta;
Quando solicitado pelo trabalhador, será enviada uma cópia da referida carta à CRT, que dispõe de dois dias para responder;
Não poderá ser aplicada uma sanção disciplinar final enquanto não tiverem sido cumpridos os prazos para as respostas, tanto do trabalhador como da CRT.
2 - A aplicação das sanções disciplinares referidas no artigo 80.º, n.º 1, alínea d), rege-se pelas seguintes regras processuais:
As USFORAZORES comunicarão, por escrito, ao trabalhador que tenha incorrido em infracção a sua intenção de proceder ao despedimento, juntando nota de culpa com a descrição circunstanciada dos factos que lhe são imputáveis;
Na mesma data será remetida à CRT cópia daquela comunicação e da nota de culpa;
O trabalhador dispõe de cinco dias úteis para consultar o processo e responder, deduzindo por escrito os elementos que considere relevantes para o esclarecimento dos factos e da sua participação nos mesmos, podendo juntar documentos e solicitar as diligências probatórias que se mostrem pertinentes para o esclarecimento da verdade;
As USFORAZORES procederão às diligências probatórias solicitadas pelo trabalhador, a menos que as considere dilatórias ou impertinentes. Neste caso deve alegá-lo fundamentadamente por escrito;
As USFORAZORES não são obrigadas a proceder à audição de mais de 3 testemunhas por cada facto descrito naquela comunicação nem mais de 10 no total, cabendo ao arguido assegurar a sua comparência para o efeito;
Concluídas as diligências probatórias, deve o processo ser apresentado por cópia integral à CRT, que pode, no prazo de cinco dias úteis, fazer juntar ao processo o seu parecer fundamentado;
Na decisão devem ser ponderadas as circunstâncias do caso, a adequação do despedimento à culpabilidade do trabalhador, bem como os pareceres anexos à defesa, por escrito, do trabalhador. Na decisão devem ter-se em atenção também quaisquer factos que atenuem ou dirimam a responsabilidade;
Decorridos os prazos referidos nos números anteriores, as USFORAZORES dispõem de 30 dias para proferir a decisão, que deve ser fundamentada e constar de documento escrito;
A decisão fundamentada deve ser comunicada, por cópia ou transcrição, ao trabalhador e à CRT;
A comunicação da nota de culpa ao trabalhador suspende o decurso do prazo estabelecido no artigo 80.º, n.º 3.
3 - O trabalhador pode ser suspenso preventivamente até 10 dias, sem perda de retribuição, quando:
As USFORAZORES tenham perdido a confiança no trabalhador; ou
O trabalhador adoptar posturas de ameaça física.
4 - Com a notificação inerente à comunicação referida no n.º 2, alínea a), as USFORAZORES podem suspender preventivamente o trabalhador sem perda de remuneração.
5 - A suspensão de um trabalhador que seja membro da CRT não o impede de ter acesso a áreas e actividades que compreendam o exercício normal das suas funções na CRT, excepto quando suspenso nos termos do n.º 3, alínea b).
Artigo 84.º — Ilicitude do despedimento
1 - O despedimento de um trabalhador é considerado ilícito:
Quando os procedimentos administrativos previstos no artigo 83.º não tiverem sido observados;
Quando fundamentado por razões políticas, ideológicas ou religiosas;
Quando for declarada improcedente a justa causa invocada.
2 - A revisão judicial será possível depois de esgotados os recursos administrativos previstos no Acordo Laboral.
3 - Compete à entidade patronal apresentar e provar apenas os factos invocados na decisão do caso.
4 - Para a apreciação da justa causa deve atender-se ao grau de lesão dos interesses das USFORAZORES, ao carácter das relações entre as partes ou entre o trabalhador e os seus companheiros e às demais circunstâncias que no caso se mostrem relevantes.
5 - Deve ser dada prioridade à determinação da ilicitude do despedimento de um membro da CRT.
Artigo 85.º — Possíveis soluções para o despedimento ilícito
1 - Se qualquer dos níveis de resolução de conflitos previstos no artigo 15.º do Acordo Laboral considerar ilícito o despedimento de um trabalhador, as seguintes soluções serão possíveis:
Se for arbitrada uma indemnização, ela será calculada conforme o previsto no artigo 13.º, n.º 4, do Acordo Laboral;
Se forem arbitrados pagamentos retroactivos, o seu valor não poderá exceder o montante que o trabalhador deixou de auferir desde o dia do despedimento até à decisão, a que será descontado qualquer rendimento de trabalho em actividade iniciada posteriormente ao despedimento.
2 - Se qualquer dos níveis de resolução de conflitos previstos no artigo 15.º do Acordo Laboral considerar ilícito o despedimento de um trabalhador contratado a termo, as seguintes soluções serão possíveis:
Pagamento de importância não superior às retribuições que teria auferido desde a data do despedimento até ao termo do contrato, no caso de o contrato ser a termo certo; ou
No caso dos contratos a termo incerto, o pagamento de importância não superior às retribuições que teria auferido desde a data do despedimento até ao final do projecto, ou até à data do regresso do trabalhador substituído, ou até à data da decisão final, qualquer que venha a ocorrer primeiro;
Será deduzida ao montante que venha a receber a quantia total que o trabalhador ganhou em trabalhos iniciados depois do contrato terminado como previsto nas alíneas a) e b) supra.
3 - As soluções previstas nos números anteriores não são as únicas possíveis. Qualquer outra solução poderá ser encontrada por qualquer dos níveis de resolução de conflitos.
Artigo 86.º — Processo de queixa
1 - Os trabalhadores têm o direito de apresentar queixas orais ou escritas ao seu superior hierárquico no prazo de 30 dias a contar de qualquer facto ou ocorrência ou em qualquer momento nos casos de ocorrência continuada.
2 - O superior hierárquico tem sete dias de calendário para responder à queixa do trabalhador. No caso de a resposta não satisfazer o conteúdo da queixa, o trabalhador tem sete dias de calendário a contar da data de recepção da resposta do seu superior hierárquico para apresentar queixa formal escrita ao comandante de departamento ou ao nível de comando imediatamente superior na cadeia hierárquica, quando a decisão inicial tiver sido tomada pelo comandante de departamento.
3 - As queixas formuladas por escrito, ao comandante de departamento devem declarar o motivo que lhes deu origem, a solução pretendida e outros factos ou informações julgados pertinentes.
4 - Após a recepção de queixa formulada por escrito, o comandante de departamento deverá apreciá-la e apresentar a sua decisão por escrito no prazo de 14 dias de calendário. O comandante de departamento poderá nomear um funcionário para efectuar a análise substantiva ou processual da queixa. Neste caso, o período de tempo para tomada de decisão será alargado em sete dias de calendário.
5 - Se o trabalhador não ficar satisfeito com a decisão do comandante de departamento, poderá apresentar queixa por escrito ao primeiro nível de resolução de conflitos no prazo de sete dias de calendário a contar da recepção da decisão do comandante de departamento. Neste caso a queixa, por escrito, deve ser apresentada em simultâneo ao COMUSFORAZORES e ao CBA4.
6 - O comandante das USFORAZORES consultará o comandante da BA4 relativamente ao conteúdo da queixa. O primeiro nível de decisão tomará uma decisão ou emitirá o parecer de ambas as partes no prazo de 21 dias de calendário, excepto se motivos justificados aconselharem o alargamento deste prazo.
7 - Se o trabalhador não ficar satisfeito com a decisão do primeiro nível, poderá apresentar queixa à comissão laboral no prazo de 14 dias de calendário a contar da recepção da notificação efectuada pelo comandante das USFORAZORES.
8 - Se o trabalhador não ficar satisfeito com a decisão da comissão laboral, poderá apresentar queixa à Comissão Bilateral Permanente no prazo de 14 dias de calendário a contar da recepção da notificação efectuada pela comissão laboral.
9 - Se o trabalhador não ficar satisfeito com a decisão da Comissão Bilateral Permanente, poderá interpor acção no tribunal competente (definido no artigo 17.º do Acordo Laboral) no prazo de 60 dias de calendário a contar da recepção da notificação efectuada pela Comissão Bilateral Permanente.
10 - Dada a delicadeza dos assuntos envolvidos, devem todos os intervenientes dos vários níveis de decisão actuar com celeridade por forma a permitir a execução oportuna das decisões tomadas.
Artigo 87.º — Suspensão dos prazos judiciais
1 - A apreciação de reclamações, de acordo com o artigo 16.º do Acordo Laboral, suspende a contagem dos prazos judiciais nos processos interpostos pelos trabalhadores contra as USFORAZORES.
2 - O trabalhador deve exercer o seu direito de interpor acção judicial no prazo de 60 dias contados a partir da data de recepção da decisão da Comissão Bilateral Permanente.
Artigo 88.º — Oficial de segurança
As USFORAZORES designarão uma pessoa para actuar como responsável pelos assuntos de saúde e segurança. A designação do seu cargo será «encarregado de segurança».
Artigo 89.º — Acidentes mortais
Se qualquer trabalhador português das USFORAZORES sofrer um acidente mortal no serviço, a remoção do corpo não poderá fazer-se sem a presença e a autorização das autoridades portuguesas competentes.
Artigo 90.º — Acidentes de trabalho e doenças profissionais
São aplicáveis aos trabalhadores portugueses ao serviço das USFORAZORES as normas contidas na legislação portuguesa sobre acidentes de trabalho e doenças profissionais.
Artigo 91.º — Validade
As alterações a este Regulamento efectuar-se-ão de acordo com o artigo 1.º do Acordo Laboral. Este Regulamento manter-se-á em vigor até à sua substituição.
Concluído, em duplicado, em 12 de Fevereiro de 1997, nas línguas portuguesa e inglesa, sendo os dois textos igualmente válidos.
Pela República Portuguesa:
Pedroso de Almeida.
Pelos Estados Unidos da América:
Bobbie Kelly.
WORK REGULATION
(Agreement on Cooperation and Defense between the United States of America and Portugal)
Note. - All references to the BA4 Command (CBA4) should be read as references to the Air Zone Azores Command (CZAA).
Article 1
Scope
1 - In accordance with article 1 of the Portuguese-United States Labor Agreement dated June 1, 1995, hereafter referred to as the Labor Agreement, this Work Regulation governs employment relations between the United States Forces Azores, hereafter referred to as USFORAZORES, and its Portuguese employees.
2 - This regulation shall apply to all Portuguese employees directly paid by USFORAZORES, who is considered the sole employer, regardless of funding activity.
Article 2
Publications
1 - The Portuguese language version of this regulation will be published concurrently with the English language version in the Diário da República (Journal of the Republic) as well as in the Jornal Oficial dos Açores (Official Journal of the Azores).
2 - Without prejudice to the provisions of the previous paragraph, copies of this regulation shall be maintained in all USFORAZORES sections.
Article 3
Internal regulations
1 - In accordance with article 1 of the Labor Agreement, USFORAZORES may issue internal regulations after submitting them to the Commander, AB4 (CBA4), for review and comment. The CBA4 will have 30 calendar days to submit his comments to USFORAZORES.
2 - USFORAZORES may publish the regulation following expiration of the 30 day time period without prejudice to the following paragraph.
3 - If CBA4 considers the proposed internal regulation to be outside the scope of this regulation, the Labor Agreement or applicable Portuguese law, the CBA4 would submit his concerns to the Labor Committee who shall review the regulation in question within 30 days.
4 - If the Labor Committee disapproves of a provision of the internal regulation, USFORAZORES will suspend that provision.
5 - USFORAZORES will publicize the contents of its internal regulations, making them available to work areas to be referenced by employees at all times.
6 - USFORAZORES will provide Direcção Regional do Emprego/Direcção de Serviços do Trabalho de Angra do Heroísmo (DRE/DST), hereafter referred to as DST, a copy of published internal regulations and any subsequent changes.
Article 4
Personnel strength report
1 - USFORAZORES will prepare a strength report containing the name, age, date of appointment, category, class, pay rate and CPPSS beneficiary number of each employee as of October 31st of each year. This report will be submitted to CBA4 for forwarding to DST by November 30th. A copy will also be provided to the CRT.
2 - The aforementioned provision is applicable to all changes resulting from promotions, appointments, separations and other circumstances which must be reported on a monthly basis.
Article 5
Notification of USFORAZORES
DST will notify COMUSFORAZORES, through CBA4, of any possible violations of the provisions of this regulation or the Portuguese/US Labor Agreement in order that USFORAZORES may take appropriate action.
Article 6
Identification badge
1 - As a security measure, personnel employed under the provisions of this regulation must carry an identification badge which conforms to the model provided in the instructions for issuance of entrance passes to Air Base no. 4.
2 - USFORAZORES has the authority to require that the aforesaid badge or other acceptable identification be conspicuously worn in designated areas for justified reasons.
Article 7
Restriction of Base access
1 - The CBA4 may restrict the access of Portuguese nationals employed by USFORAZORES to areas under the jurisdiction of the Portuguese Air Force either temporarily or permanently whenever justified. In such cases, the individual Portuguese national employee will be suspended during the period of restriction.
2 - For the duration of the suspension period, USFORAZORES will not be liable for any pay benefits or entitlements, such as salary, step increases, or social welfare contributions.
3 - If the restriction is lifted, the employee may be reinstated. Upon reinstatement, the calculation of the time of service will be adjusted to exclude the period of suspension and all salary, benefits and entitlements will be denied for the period of suspension.
4 - The Portuguese authorities may provide the pay, benefits and entitlements if the suspension is later deemed unjustified.
5 - USFORAZORES will not be held liable by the courts for damages, salary, benefits or entitlements for the period of suspension caused by the CBA4 restriction of the employee's access to the base.
6 - If the restriction of access is determined to be permanent, the employee will be terminated without indemnity.
Article 8
Position classification system
1 - In accordance with article 3 of the Labor Agreement, USFORAZORES employees subject to the provisions of this Agreement shall be classified according to the guidelines of the official US Classification System and occupational categories defined therein, and shall be assigned a grade in conformity with the duties of the specific position in which they are employed.
2 - USFORAZORES shall be responsible for maintaining an up-to-date library of classification standards, directives and guidelines. Employees, the Committee of Employee Representatives, CBA4 and DST shall enjoy the right of unrestricted access to all such documents.
3 - Whenever an employee performs duties involving more than one grade, he/she (hereafter referred to as he) shall be classified according to the highest level duty which the employee regularly performs.
4 - Employees are required to perform work related to the specific position to which assigned, except as provided in article 11.
Article 9
Movement of employees
1 - USFORAZORES cannot reduce an employee's professional category or his/her (hereafter referred to as his) class within a respective category. Exceptions to provisions of this section include:
Cases where an employee serving under a temporary promotion is returned to his former position;
Cases in which an employee voluntarily, and for his own convenience, requests transfer to a different professional category or lower class. Such requests must be made in writing to CBA4 for DST review and approval;
Cases meriting separation under article 76 and where at the option of USFORAZORES, continued employment in a different category and class is offered in lieu of separation;
Cases in which an employee is unable to perform the full range of duties of his position due to confirmed medical infirmity, and continued employment in a different category or class is offered in lieu of separation. In such cases, the employee may be reassigned immediately following the initial medical determination; however, the case will be forwarded through CBA4 to the Centro de Prestações Pecuniárias da Segurança Social (CPPSS) for review.
2 - Whenever the employee accepts continued employment under conditions outlined in paragraph 1, c) and d), above, the employment shall be with no loss of pay and benefits as provided by this regulation.
3 - The employee assigned to a lower grade shall receive his current rate of pay, plus one-half of any wage increase granted his former position until the scheduled rate for his new position meets or exceeds his salary calculated as set forth above.
4 - Employees subject to the provisions of paragraph 1, d), who decline continued employment under paragraph 2 may be terminated under the provisions of article 70.
Article 10
Change in position classification
1 - Implementation of new position classification standards, correction of classification error or actions necessary to otherwise ensure accurate position descriptions shall be accomplished by USFORAZORES.
2 - Positions requiring downgrade will be identified; however, the downgrade action will not be consummated until the position becomes unencumbered.
Article 11
Performance of duties not included in the position description
1 - An employee must perform work related to the specific position for which he was employed without prejudice to the following paragraphs.
2 - An employee may be temporarily assigned duties not included in the position description when USFORAZORES interests so require it, provided this change does not entail a reduction in pay or substantial change in the employee's position.
3 - An employee is entitled to a temporary promotion whenever the performance of higher graded duties lasts more than 30 calendar days. In such cases, the temporary promotion becomes effective from the beginning of the performance of those duties.
4 - Whenever the temporary performance of new duties last more than six months, the promotion will become permanent and the worker will be entitled to the highest grade corresponding to those duties. Whenever the temporary promotion is caused by another employee's forced absence under provisions of article 67, the employee will not be permanently promoted until the obligations to the absent employee have ceased.
Article 12
Classification appeals procedures
1 - Whenever an employee disagrees with the classification of their position, the employee may appeal the classification decision to the USFORAZORES Civilian Personnel Flight, hereinafter referred to as the CPF.
2 - The employee must submit a request for reconsideration to the CPF within 14 days of the decision in paragraph 1.
3 - The employee may request comments from the Technical Commission on Professional Classification, hereinafter referred to as TCPC. The TCPC is composed of two classification specialists, one representing the CBA4 and the other representing the CPF.
4 - The TCPC may submit recommendations to the CPF. It should do so within 14 calendar days of the date of the employee appeal.
5 - The head of the Civilian Personnel Office will subsequently consider any recommendations submitted by the TCPC and include the recommendations as part of any appeal to higher headquarters.
6 - If the employee is dissatisfied with the decision of the CPF, the employee may further appeal the classification of the position through the established US classification appeal channels as referred to in article 3 of the Labor Agreement. Specific procedures for pursuing an appeal shall be contained in USFORAZORES internal regulations.
7 - USFORAZORES shall notify the employee in writing of the decision rendered in appeal cases.
Article 13
Wage survey
1 - USFORAZORES will annually review and adjust the pay rates of Portuguese national employees based on a survey of prevailing rates on Terceira Island. The adjustments shall be effected on July first of each year.
2 - The survey referred to in the previous paragraph is conducted by USFORAZORES, with the cooperation of representatives of CBA4 and DST. These representatives will cooperate with USFORAZORES to identify the companies to be surveyed, and the key ranking positions, the development of summary descriptions of duties for key ranking positions, data collection, and data analysis.
3 - Final data analysis and development of proposed wage schedules shall be the responsibility of higher headquarters within the Department of Defense. Wage proposals shall be developed in conformity with appropriate DOD manuals.
4 - A single increase will be applied both to LWG and LGS wage schedules. The increase is based on an analysis of the weighted averages of the combined data of all job samples.
5 - Salary and wage changes are subject to the concurrence of COMUSFORAZORES and CBA4. CBA4 will provide a copy of the approved wage schedules to DST.
Article 14
Meal subsidy
1 - Portuguese employees who work at least four hours on their scheduled work day will be provided a noon day meal or its equivalent.
2 - Upon mutual agreement, an employee may receive a cash payment in lieu of a meal. The amount will be adjusted annually each year, according to a survey of the meal payments awarded to the employees of the public administration on the Island of Terceira.
3 - The date of the adjustment will coincide with the effective date for the public administration.
Article 15
Computation of pay rates
1 - A schedule of basic monthly salaries shall be attached to this agreement. It shall be reviewed and adjusted annually.
2 - USFORAZORES employees shall be paid on a bi-weekly (fortnightly) basis.
3 - The pay to which full-time USFORAZORES employees shall be entitled is established by mathematically coverting the basic monthly rate to a bi-weekly rate. Administration of pay shall be effectuated by conversion to basic hourly rates of pay. Computation of the basic hourly rate of pay for purposes of this regulation, such as payment of overtime, uncommon tours of duty, night work, holiday work, deduction for absences, etc., shall be obtained by the following formula:
HR = ((MP + LB + LI) x 12)/(26 x 2 x HW)
HR = hourly rate;
MP = monthly pay;
LB = language bonus;
HW = work hours per week;
LI = longevity increments.
Part-time and hourly rate employees shall be paid according to the basic hourly rate of pay.
4 - Pay rates cannot be fractioned into periods of less than one hour.
Article 16
Longevity increments
1 - USFORAZORES employees will be entitled to longevity increases. These increments will be part of their basic annual salary after attainment of 5, 10, 15, 20 and 25 years of creditable service. Increases will become effective on the first day of the pay period following completion of the five year waiting period.
2 - Annual adjustments to longevity increases will be based on the officially published public sector increase used by the public administration on the Island of Terceira.
3 - The entitlement to longevity increases referred to in paragraph 2 will become effective on July first of each year.
Article 17
Christmas subsidy
1 - All new employees who have completed 30 days of service by December 31st of the respective year are entitled to a Christmas subsidy proportionate to the amount of time spent in a duty status during the first year of the employment. An employee who has served continuously for a year or more by December 31st of the respective year shall receive a Christmas subsidy equal to one month's salary. This subsidy will be payable on the first day of the pay period in December.
2 - The provisions of the preceding paragraph shall apply to part-time employees and hourly rate workers proportionate to time spent in a duty status during the year.
3 - Employees who are terminated are entitled to a Christmas subsidy proportionate to their months in service for the respective year.
Article 18
Payroll leave and earnings statement
In each pay period, employee's shall be given a statement reflecting the employee's full name, CPPSS beneficiary number, pay period covered, itemized overtime, night differential, weekly day of rest or holiday pay, deductions and net pay.
Article 19
Social security contributions and union dues
1 - Payroll offices are authorized, upon written request from the employee, to deduct appropriate union dues from employee's wages according to amounts established by the appropriate labor union. Payroll offices are further authorized, upon written request from the employee, to cease such deductions.
2 - USFORAZORES and its employees will submit contributions to social welfare, as set forth in Portuguese law.
3 - Changes in Portuguese law relating to the above shall be communicated to USFORAZORES through CBA4 by DST.
Article 20
English language bonus
1 - There shall be three categories of English language bonus (ELB) payable. Each shall receive the amount stated below:
1500;
2200;
2700.
2 - Employees who are employed by USFORAZORES on the date this agreement enters into force shall receive the appropriate amount for the ELB to which they are entitled without further retesting.
3 - Employees who voluntarily take a position with a different ELB will receive the ELB of the new position, if they are qualified. Employees who are involuntarily moved to a position with a lower ELB, or if there is a change in the ELB of the position, will retain the ELB paid on the original position.
4 - New employees, or those who have not been assigned an ELB category, shall take the English comprehension language test (ECL). They shall then be assigned an ELB category if they qualified.
5 - Employees in ELB categories a) and b) shall take the ECL for promotion to a higher ELB category.
Article 21
Labor positions
The positions referred to in article 5 of the Labor Agreement as having been «held in the past by Portuguese national employees» are those that were previously occupied by Portuguese national employees but have been occupied by US citizens since January 1, 1991. When these positions become available through the attrition of the incumbent employee, and if the position is open for recruitment, it will be filled by a Portuguese national employee.
Article 22
Registration
1 - Candidates for employment with USFORAZORES must register with SRPC.
2 - Candidates may register in as many categories or classes for which they qualify.
3 - SRPC shall set up the necessary registers and files so that candidates applying for employment who meet the necessary requirements will be listed by professional categories and classes.
4 - These registers and files shall include information pertaining to: length of service, work performed, education, technical or professional qualifications and trade licenses, special skills and other information necessary to determine qualifications for employment.
5 - SRPC will process registrants for USFORAZORES employment through CBA4 to determine their eligibility for base access before referring them to the CPF for consideration.
Article 23
Recruitment of personnel
1 - In accordance with article 7 of the Labor Agreement, the Civilian Personnel Recruitment Section (SRPC) shall refer candidates to the CPF within 30 calendar days of the request.
2 - The request shall include information pertaining to: occupation, number of vacancies available, required conditions, qualification requirements and other pertinent information.
3 - SRPC will refer all available candidates who meet the necessary requirements for the position to be filled. The CPF will be provided a list of all candidates who have been referred.
4 - USFORAZORES may request, by name, former employees who have performed the same type of work and meet the employment qualifications.
Article 24
Recruitment outside of Terceira
If it becomes necessary to recruit personnel with the required qualifications off Terceira Island, a USFORAZORES representative may go to other islands of the Azores and Madeira Archipelagos or to the mainland to contract the necessary personnel in accordance with the information provided by DST.
Article 25
Return transportation
1 - USFORAZORES will provide employees contracted under the provisions of article 24 return transportation to their usual place of residence upon termination of the work contract.
2 - The initial and return transportation entitlement only applies to the employee and not dependents or transportation of household goods.
Article 26
Assistance from employment center
1 - Whenever the SRPC does not have qualified personnel registered for the desired occupation, it will request the necessary personnel from the Centro de Emprego de Angra do Heroísmo (CEAH).
2 - If the CEAH is unable to provide qualified personnel for requested occupations, it will advertise the vacancy in local newspapers. Such advertisements will be paid for by USFORAZORES.
Article 27
Notification
1 - In order to fill the requests, SRPC will notify the candidates who meet the requirements to report within four calendar days.
2 - Urgent notification, paid for by USFORAZORES, should be made by telephone or telegram.
3 - SRPC will provide the USFORAZORES Civilian Personnel Flight (CPF) with a listing of all candidates contacted in response to the request.
Article 28
Civil identification and professional trade license
1 - Registrants shall furnish the SRPC proper civilian identification and any other documents required for completion of the registration cards.
2 - Whenever the professional trade license constitutes an essential certificate for the practice of an occupation, the registrants shall present it at the time of registration. The loss of a trade license during the registration period will disqualify the registrant from employment.
Article 29
Removal from registration lists
The following personnel will be removed from the registration list of employee candidates:
Personnel notified for selection purposes who do not report within four days without a valid reason;
Personnel called for an interview who do not report within forty-eight hours without a valid reason;
Personnel who refuse an employment offer within their occupation and pay grade without a valid reason.
Article 30
Appointments
1 - Employees of USFORAZORES can be hired either for permanent or temporary work.
2 - Permanent and temporary workers can be hired for full-time or part-time work.
3 - Part-time employment is defined as work of less than forty hours per week.
An employee's work schedule will be posted in advance and contain the hours for each day he is expected to work.
A part-time employee's scheduled hours may vary from day to day or week to week.
Individuals hired for part-time employment will be entitled to overtime pay when the total number of hours in their bi-weekly pay period exceeds two times the weekly number of hours established in the work contract.
4 - A permanent employee occupying an obligated position will be returned to his original position if the person who previously held the position returns to duty.
5 - Temporary hiring may be either for a definite or indefinite period of time.
Temporary contracts of an indefinite nature are for the replacement of a worker who, for any reason, is unable to work, or who may have a case in court to determine the validity of his employment termination, or for construction projects.
Temporary contracts of a definite nature are for the following situations:
1) Temporary work increase in an organization;
2) Perform an occasional task or a specific temporary job;
3) Hiring of workers looking for their first job or those who have been unemployed for a long period of time.
A temporary contract must be done in writing and signed by both parties. It must state the professional category, work schedule and location, the date the contract begins, the date signed and the period of time it covers. It must also include the reason for the action.
Temporary contracts with a term of six months or more can be renewed.
1) A contract can be renewed two times beyond the initial appointment for up to a maximum of three years of employment.
2) If a contract is renewed, the period of service is considered continuous and retroactive to the original appointment date for service computation date purposes.
The temporary contract expires at the end of the term that was stipulated, provided that USFORAZORES gives the employee at least an 8 day advance written notice stating the contract will not be renewed. In the case of an indefinite temporary appointment lasting more than one year, the employee will be given 30 calendar days notice of termination.
If USFORAZORES fails to comply with the notice requirements of this article concerning temporary employment, the employee will be entitled to another temporary appointment equal to his current one. In the case of an indefinite temporary appointment, it will be made permanent. If the employee is extended beyond the maximum period of three years, or the appointment is renewed more than two times, or the requirements of paragraph 5, c), are not fulfilled, the appointment will be made permanent and the entire time will be considered creditable service.
When a temporary contract that has lasted for more than 24 months expires, USFORAZORES cannot hire anyone else to said position for a period of 90 days.
6 - General provisions regarding termination of employment of temporary workers are contained in article 71.
7 - A temporary worker must provide at least 15 calendar days advance notice of their intended resignation date. Failure to provide notice will result in the employee's payment of an indemnity in the amount equal to base pay corresponding to the advance notice period.
8 - While temporarily employed, the worker will be afforded priority consideration if the same position is being externally recruited on a permanent basis.
9 - Failure to provide the required consideration will oblige USFORAZORES to pay the employee an indemnity corresponding to one half of one month's base pay.
10 - USFORAZORES can, whenever necessary, hire personnel on a services rendered basis. This category is known as an Hourly Rate Worker status to supplement the work force.
USFORAZORES will be allowed to work up to 15 percent of the number of employees in each Non Appropriated Fund (NAF) activity as Hourly Rate Workers (e. g., the club, billeting, the bowling alley, BX, etc.).
Hourly Rate Workers may work up to eight hours each day for up to twenty hours each week.
If an Hourly Rate Worker works more than the maximum number of hours each day or week, the employee will be compensated at a premium of 100 percent.
The following benefits and allowances apply to an Hourly Rate Worker:
1) A noon meal, or the equivalent, will be provided if the employee works five hours or more in any given day;
2) Employees who have completed a cumulative total of 30 days service are entitled to a Christmas subsidy in proportion to the average number of hours worked;
3) Social security contributions;
4) On-the-job accident insurance;
5) English language bonus;
6) Overtime as described in paragraph 10, c), above;
7) Holiday pay for hours worked will be paid at a premium of 50 percent basic pay. Holiday hours worked in an overtime status as defined above will be paid a premium rate of 100 percent;
8) Hours worked between 20.00 and 7.00 will be computed at a premium rate of 25 percent of the basic hourly rate.
Article 31
Appointment procedures
1 - Personnel who have been selected for appointment will report to the CPF to schedule medical exams, skills and other necessary tests.
2 - The CPF will accomplish the individual admission proposal and forward it to SRPC to complete the process.
Article 32
Probationary period
1 - Considering the special nature of the work performed by USFORAZORES, new employees will be required to serve the following probationary periods:
Employees are considered to be on a probationary basis for the first 60 days of employment;
Temporary employees with appointments for more than six months are considered to be on a probationary basis for the first 30 days of employment;
Temporary employees with appointments for six months or less are considered to be on a probationary basis for the first 15 days;
The period defined above does not apply to positions such as accounting and engineering technicians, mechanical maintenance and repair technicians, aircraft and electronic equipment maintenance technicians, skilled tradesmen and craftsmen, supervisors, firefighters and others requiring prolonged training and development which require a greater probationary period due to the technical complexity or elevated degree of responsibility of such jobs or duties. The greater probationary period shall not exceed six months. In such cases, the duration of the probationary period shall be specified in the employment contract.
2 - During the probationary period following selection in a permanent or temporary appointment, an employee may be separated for substandard performance and/or misconduct without advance notice or indemnity.
3 - During the probationary period following selection to a permanent or temporary appointment of an employee, the immediate supervisor will make the determination in accordance with USFORAZORES internal directives as to whether the subordinate employee meets the general character traits and qualifications for continued employment with USFORAZORES. If a determination is made to separate the employee, the employee's future selection into a USFORAZORES position must be approved by the COMUSFORAZORES prior to appointment action. If such approval is granted, the time spent during the first probationary period will not be considered creditable service for any reason.
4 - If the employee remains employed with USFORAZORES during the entire probationary period that time will count for length of service purposes.
Article 33
Composition of Committee of Employee Representatives (CRT)
1 - The CRT referred to in article 10 of the Labor Agreement will be composed of five members.
2 - Without prejudice to the provisions of this regulation, the Committee members are entitled to the protection provided by internal Portuguese law to members of employee representative Committees.
Article 34
Rights and responsibilities of the Committee of Employee Representatives (CRT)
1 - The Committee shall have the following specific rights and responsibilities:
Be provided a copy of the USFORAZORES annual personnel report in accordance with article 4;
Be provided a copy of the USFORAZORES monthly report of personnel changes resulting from promotions, appointments, separations and other circumstances in accordance with article 4;
Meet with COMUSFORAZORES or his designated representatives once every month for discussion and review of matters within its area of responsibility;
Call general meetings of workers in accordance with article 36;
To elicit input from the employees regarding work related matters;
To disseminate information to employees regarding work related matters;
Participate in the electoral process of the CRT in accordance with applicable Portuguese law;
Be provided a copy of all proposed disciplinary actions pertaining to suspensions without pay and dismissals;
To otherwise represent the legitimate interests of the employees they represent at the levels of USFORAZORES, CBA4 and DST.
2 - The exercise of the rights of the CRT may have to be postponed based upon the requirements of military operations.
3 - Prior to their implementation, the following will be submitted to the Committee for its review and comment:
Proposal for USFORAZORES internal regulations in accordance with article 3;
Proposal for USFORAZORES uncommon tours of duty and changes to work schedules in accordance with article 38;
Proposed changes to USFORAZORES position classification standards and methods used for internal promotion;
Proposed changes to this regulation as provided by article 91;
Proposed changes of a substantial nature in matters affecting employment and working conditions, such as collective dismissals.
4 - Except for paragraph 3, b), above, the comments referred to in the previous paragraph must be submitted in writing within a maximum of 15 days from date of receipt of the request. Responses to paragraph 3, b), will be required within 5 working days. These periods may be extended by mutual consent if the range and complexity of the matter so requires.
5 - If a response is not submitted within the time periods referred to in the previous paragraph, the requirement specified in paragraph 3 will be considered fulfilled.
Article 35
Allowance of hours
1 - Committee members are entitled to twenty hours per month for exercise of their Committee activities. This allowance may not be carried over from one month to another. Additional hours, to a maximum of forty hours per month will be granted by USFORAZORES when justification is provided.
2 - Keeping in mind administrative and military requirements, Committee representatives must advise their supervisors prior to leaving the worksite of the time of their departure, their destination, the anticipated time of their return and the fact that their absence is related to functions of the Committee.
3 - At all times not specified in paragraph 1 above, Committee members are required to perform their normal duties.
Article 36
Meetings of the Work Force - place and time
1 - The Committee may convene general meetings of employees who are subject to the provisions of this Regulation. These meetings will take place outside of the BA4 area and during normal off duty hours.
2 - The Committee may convene partial meetings with employee's outside work areas during normal off duty hours provided such meetings do not affect the regular performance of duties nor interfere with mission accomplishment.
Article 37
Elections
1 - The CRT will be elected bi-annually from lists of candidates proposed by permanent employee's through secret ballot according to the principle of proportional representation.
2 - The proposed lists of candidates must be endorsed by a minimum of 10 percent of the permanent employees. No employee may endorse or be included in more than one list.
3 - The elections will be called with a minimum of 15 days advance notice from the CRT or a minimum of 10 percent of the permanent employees. Ample publicity of the elections will be made, indicating specifically the date, place and time that voting will take place. A copy of the notice of elections will be forwarded to USFORAZORES, CBA4 and DST at the same time.
4 - The elections will be held in the work area during duty hours.
5 - A permanent employee's right to elect or be elected cannot be prejudiced against by reason of his age or position.
6 - The electoral laws will be made by the CRT, and after approval by USFORAZORES and CBA4, the electoral laws will be published concomitantly with the notice of the elections.
7 - USFORAZORES shall not be responsible for any expenses incurred incident to the elections.
Article 38
Work schedules
1 - Work schedules established by USFORAZORES in accordance with applicable provisions will be conspicuously posted in all work areas subject to this Regulation.
2 - Work schedules for USFORAZORES employees on uncommon tours of duty or working in shifts, as defined in articles 45 and 49, will be submitted to CBA4 for DST review and approval.
3 - The Committee of Employee Representatives will be provided with a copy of all changes to organization work schedules for their review and comment.
Article 39
Scheduling female employees
1 - Female employees subject to the provisions of this Regulation cannot perform work before 7.00 and after 20.00, except in special cases that must be submitted to CBA4 for DST review and approval.
2 - USFORAZORES is required to excuse female employees with family responsibilities from performance of overtime work whenever they so request. Said excusal cannot result in less favorable treatment.
Article 40
Lunch periods
1 - The normal work day period, referred to in article 11 of the Labor Agreement, will be interrupted by a lunch period of one hour after four or five consecutive hours of work.
2 - In special and properly justified cases, requests to change lunch periods may be submitted to CBA4 for DST review and approval.
3 - Lunch periods scheduled in accordance with the provisions of the previous paragraph shall not exceed two hours nor be less than thirty minutes.
4 - Thirty minute lunch periods are granted only to employees who work in shifts. In this case, the lunch period will be counted as time worked.
Article 41
Weekly day off
1 - Employees subject to the provisions of this Regulation are entitled to a weekly day off which, as a rule, will be Sunday.
2 - Activities who operate on Sunday are authorized by law to schedule the day off according to the operation of the activities.
3 - When work is performed in shifts, shifts must be established so that employees have a day off within each seven days.
4 - USFORAZORES will schedule the day off referred to in the previous paragraph to fall periodically on a Sunday at least four times a year.
5 - Employees will be given a complementary day off which will precede or follow the day off defined in paragraph 1. By mutual agreement between the employer and employee, the complementary day off may be separated from the weekly day off.
6 - Employees belonging to the same household shall be given the same weekly day off whenever possible.
Article 42
Work performed on weekly days off
1 - An employee may be required to work on his weekly or complementary day off only when a mission essential requirement exists; in cases of serious accidents or imminent serious losses and damages.
2 - DST shall be notified through CBA4 of the situations specified in paragraph 1 within forty-eight hours.
Article 43
Overtime
1 - Overtime is defined as authorized and approved work in excess of either the scheduled work day or basic workweek, as defined by article 11 of the Labor Agreement.
2 - Overtime work can be performed for the following reasons only:
When USFORAZORES must meet special, time-critical, or increased work requirements; or
In cases of unforseeable and unavoidable circumstances, including Acts of God.
3 - Without prejudice to the provisions of paragraph 3 of the following article, employees may be excused from performance of overtime upon presentation of acceptable justification.
Article 44
Overtime work limits
1 - As a rule, each employee cannot perform more than two hours overtime per normal work day up to a maximum of 220 hours per year.
2 - An employee may not work more than the same number of hours on the scheduled day off that he works on his normal work day.
3 - These limits may be exceeded in the following cases:
When work requirements cannot be met otherwise and local labor conditions do not permit another solution;
In cases specified in paragraph 2, b), of the previous article.
4 - Whenever possible in the cases specified in paragraph 3, a), above, the increase in overtime must be previously authorized by DST through CBA4. When circumstances do not permit prior authorization, USFORAZORES will advise DST through CBA4 of the overtime performed.
5 - In the cases specified in paragraph 3, b), USFORAZORES will record, as far in advance as possible, each hour of overtime in an overtime control log, indicating the reasons.
Article 45
Work in shifts
1 - Activities requiring 24-hour manning or those, which due to special circumstances require a longer manning period each day, may be organized in shifts.
2 - Whenever possible, shifts should be organized in accordance with the employee's interests and preferences.
3 - Each shift cannot exceed the normal work day period limits established in article 11 of the Labor Agreement.
4 - A change in shift can only be made following the employee's weekly day off.
Article 46
Compensatory time off
1 - Personnel required to work overtime during their weekly day off shall be entitled to a day off with pay on one of the three following days.
2 - Personnel required to work overtime during their complementary day off are entitled to a half day off with pay when the hours worked accumulate to equal their normal full day. This time must be taken within 30 days following the accumulation to the normal full day.
3 - Personnel required to work on the following holidays are entitled to an additional day off which must be taken within 30 days:
New Year's Day;
Day of Portugal;
Day of the Worker;
Espírito Santo Monday;
Christmas Day.
Article 47
Night work
1 - Work performed between 20.00 hours of one day and 7.00 hours of the following day is considered night work.
2 - Night work pay is 25 percent higher than the pay for equivalent work performed during the day for all employees except day shift employees (8.00-15.00) who are entitled to 50 percent of the basic hourly rate.
Article 48
Overtime and holiday pay
1 - Overtime work performed on a regular work day shall be computed at a premium rate of 100 percent of the basic hourly rate established in accordance with article 15.
2 - Overtime work performed on weekly and complementary days off will be paid at a premium rate of 200 percent of the regular hourly rate.
3 - Overtime work performed on holidays will be paid at rate of 200 percent of the regular hourly rate, in addition to the remuneration to which the employee would be entitled.
4 - Regularly scheduled work performed on a holiday shall be paid at the rate of 200 percent of the basic hourly rate.
Article 49
Firefighter pay
1 - Firefighter employees shall be entitled to receive premium pay after completion of forty hours of work in the work week.
2 - Firefighter employees will work a schedule of two twenty four hour days per week.
3 - Premium pay will be paid at the rate of 50 percent of the basic hourly rate for those hours worked between forty and forty-four hours, premium pay will be paid at the rate of 75 percent for those hours in excess of forty-four hours worked.
Article 50
Transportation
1 - USFORAZORES employees will be provided round-trip transportation from established transportation routes in the area of their legal residence to BA4 for each day of scheduled work.
2 - Upon mutual agreement, employees may receive a cash reimbursement in lieu of round-trip transportation for each day of scheduled work.
Article 51
Legal holidays
The following are considered legal holidays:
1) New Year's Day - January 1;
2) Mardi Gras - variable;
3) Day of Liberty - April 25;
4) Good Friday - variable;
5) Day of the Worker - May 1;
6) Corpus Christi - variable;
7) Espírito Santo Monday - variable;
8) Day of Portugal - June 10;
9) Praia da Vitória - variable (municipal holiday);
10) Assumption Day - August 15;
11) Founding of the Republic - October 5;
12) All Saints' Day - November 1;
13) Restoration of Independence - December 1;
14) Immaculate Conception - December 8;
15) Christmas Day - December 25.
Article 52
Holiday entitlement
1 - All employees shall be paid for the holidays referred to in the previous article when the holidays fall on a regular day of work.
2 - When the holiday falls on a regularly scheduled non-work day, the employee shall not be entitled to any remuneration or additional day off for such holiday.
3 - In the event that COMUSFORAZORES authorizes any additional holidays over and beyond those authorized in article 51 above, those employees released to observe the additional holiday will receive their regular remuneration; however, declaration of such holidays does not obligate USFORAZORES to the provisions of article 48.
Article 53
Entitlement to leave/vacation
1 - All USFORAZORES employees shall be entitled to accrue and use leave for vacation, personal and emergency purposes.
2 - Entitlement to leave for vacation is based upon work performed in the previous calendar year. Leave is earned as of January 1, except when employment begins during the first semester of the calendar year. In this case, an employee shall be entitled to a vacation period of 10 consecutive days after completion of the probationary period.
3 - Entitlement to leave is undeniable and the actual use of leave cannot be substituted, except as expressly authorized herein, by any compensation, monetary or otherwise, even with the employee's consent.
Article 54
Scheduling of vacation
1 - The vacation period should be scheduled by mutual agreement between USFORAZORES and the employee.
2 - If there is no agreement, USFORAZORES shall prepare the vacation schedule after advising the CRT regarding this matter.
3 - In the case specified in paragraph 2, USFORAZORES may only schedule the vacation period between May 1 and October 31.
4 - The final vacation schedule shall be completed and posted in all work sections no later than April 15 of each year.
5 - Employees belonging to the same household shall have the option of taking their yearly vacation period at the same time, unless a determination is made that priority job requirements exist.
Article 55
Leave/vacation allowance
1 - The annual vacation period will be as follows:
16 work days for an employee on an indefinite appointment with less than two years of creditable service as of January 1 of the respective year;
24 work days for employees on an indefinite appointment with two years or more of creditable service as of January 1 of the respective year;
Two work days for each complete month of service if an employee is on a temporary appointment.
2 - Employees may use their leave on a daily basis. However, employees will be encouraged to schedule the major portion of their annual leave for a single period of absence.
3 - For purposes of determining the complete month of service referred to in paragraph 1, c), all of the days in which work was performed, both consecutive and interpolated, will be counted.
Article 56
Accumulation of vacation
1 - Vacation should be taken during the course of the calendar year in which it is earned.
2 - As an exception, if important personal or family reasons are involved, employees may request their vacation period be carried over for accumulation in order to take it with the vacation period of the following year.
3 - The maximum amount of vacation period that may be carried forward from one calendar year to another is 24 work days. Any days to the employee's credit which at the end of the calendar year would exceed 24 work days must be taken prior to the end of the calendar year or it will be lost.
Article 57
Vacation pay
1 - The remuneration owed during the vacation period cannot be less than the amount an employee would receive if he were actually working. Said remuneration does not include meals (in money or in kind), overtime (does not refer to premium pay for firefighters), transportation subsidy, or irregular night work. It shall be paid prior to the onset of the employee's vacation period.
2 - In addition to the remuneration mentioned in the previous paragraph, employees are entitled to a vacation subsidy equal to 100 percent of said remuneration.
3 - Said subsidy shall be paid in a lump sum once annually on the payday prior to the vacation, or major portion thereof, if the vacation period is segmented. The subsidy cannot be carried over to the next year. Therefore, if the employee does not take his annual leave and carries it over to the next year, the employee will be paid his subsidy for the previous year on the payday covering the first pay period of the new calendar year.
Article 58
Illness during leave
1 - If the employee becomes ill while on leave, his leave will be interrupted as long as USFORAZORES is informed of the illness. The remainder of the leave can be used upon termination of the illness or as agreed upon by both parties.
2 - Proof of illness in the situation specified in the previous paragraph may be provided by a hospital, a social security physician, or a medical certificate.
Article 59
Postponement or interruption of scheduled leave
1 - Whenever an employee's scheduled use of the major portion of his leave must be postponed or interrupted due to imperative operational requirements of USFORAZORES, the employee may be entitled to compensation. The compensation will be paid in the event that an employee sustains direct monetary losses as a result of the interruption of his leave. The employee is responsible for verifying the amount of direct monetary loss and the compensation will be limited to that amount.
2 - Whenever an employee's scheduled use of the major portion of his leave is interrupted by USFORAZORES, one half of that leave period must be taken without interruption.
3 - The vacation period must be rescheduled whenever an employee is temporarily unable to begin his scheduled vacation period due to reasons beyond his control.
4 - Any postponed leave will be rescheduled for a time acceptable to USFORAZORES and the employee. If an employee's leave is rescheduled into a subsequent calendar year, he shall not be subject to the limitations of article 56.
Article 60
Suspension of vacation rights
1 - In cases where scheduled leave has to be denied due to military emergency, leave in excess of 24 days may be carried over for use the following year.
2 - In other situations, if USFORAZORES denies the employee the use of his leave under the terms foreseen in this Regulation, the employee shall receive three times the remuneration equivalent to the vacation denied. This denied vacation must be taken during the first semester of the next calendar year.
Article 61
Definition of absence
1 - An employee is considered absent when he is not present during his normal duty hours.
2 - When an employee is absent from work for shorter periods than his normal duty hours, the individual absences will be added to determine the normal workday periods for which he was absent.
3 - In cases where the normal workdays are not equal, the shortest period will always be considered as the complete workday when applying the provisions of the previous paragraph.
4 - Employees with variable work schedules will be charged a day of absence when they do not perform work during a period of scheduled duty hours.
Article 62
Notification of absences
1 - When the employee foresees that he will be absent for justified reasons, the employee will notify USFORAZORES as far in advance as possible.
2 - An employee who cannot report to work due to unforeseeable justified reasons is obligated to notify his immediate supervisor within two hours after the start of the workday, except when unusual circumstances preclude such reporting. So as to permit the section to get a replacement, an employee who is on night shift must give notice of absence by telephone or other fast means at least two hours prior to the start of a shift, except when the unusual circumstances preclude such reporting.
3 - If an employee is ill for more than 3 days and less than 30 days, he must submit on his return to duty a medical certificate or a statement from the social welfare medical services specifying the period in which he was unable to work due to illness.
4 - If an employee is not in a condition to return to work after 30 days from the onset of an illness, the period of his absence may be extended for a maximum of four years under the provisions of article 67, 1. The employee shall submit a medical certificate or statement from the social welfare medical services at the end of the first 30 days and every 30 days thereafter. Employees who fail to return within the maximum four years will be terminated in accordance with article 71, c).
5 - Failure to comply with the provisions of the previous paragraphs will render the absences unjustified.
Article 63
Policies related to unjustified absences
1 - Absences not justified under article 64 are considered to be unjustified.
2 - Unjustified absences always entail a corresponding loss in pay. Any period of unjustified absence shall be deducted from an employee's time in service for service computation date purposes.
3 - When an employee is unjustifiably absent for a scheduled work period, the scheduled time off or holidays immediately prior or subsequent to the absence will also be subject to the provisions of the previous paragraph.
4 - When an employee reports for work either to begin or return to work with an unjustified delay of more than thirty to less than sixty one minutes, USFORAZORES may refuse to accept his services during all or part of the normal work period.
Article 64
Justified absence
1 - Employees are entitled to the following justified absences without charge to their leave and without loss of pay or benefits:
Marriage: 11 consecutive work days;
Death of spouse, father, mother, father-in-law, mother-in-law, son, daughter, stepfather, stepmother, stepson, and stepdaughter: 5 consecutive calendar days;
Death of grandparent, grandchildren, brother, sister, and brother or sister-in-law: 2 consecutive calendar days;
Birth of a child: 2 consecutive calendar days;
Blood donation: not to exceed four hours. This may be increased to one day when warranted by special circumstances;
Jury duty or when an employee is called as a witness by a court to testify;
When an employee is taking a test in an educational facility;
When his assistance to a member of his immediate household is essential: not to exceed 3 consecutive days;
Candidates in election for public office: number of days legally established for each case, when justified;
Other absences as may be specified in USFORAZORES internal regulations.
2 - For the following, employees may use leave or are entitled to justified absences with loss of pay:
When an employee cannot work due to reasons beyond his control, such as illness or accident;
Absences relating to court matters other than those of paragraph 1 above;
Other absences as may be specified in USFORAZORES internal regulations.
3 - When an employee is on forced absence in accordance with the previous paragraph 2, b), for more than one month, the provisions contained in article 67 and subsequent articles will be applicable.
4 - Employees are required to prove the veracity of the facts to their immediate supervisor for such absences.
Article 65
Leave without pay
1 - USFORAZORES may approve leave without pay at the request of the employee, not to exceed one year. If unusual circumstances warrant, this period may be extended by USFORAZORES at the request of the employee.
2 - The period of leave without pay is creditable for length of service purposes but not for accrual of leave.
3 - During said period, the rights, responsibilities and guarantees of the parties are terminated since they presuppose the actual performance of work.
Article 66
Reemployment rights to position
The employee in a leave without pay status pursuant to the previous article has the right to return to his position. If the employee has been granted an extension, return rights will also be extended for a like period.
Article 67
Interruption due to forced absence on the part of the employee
1 - When it becomes known that an employee will be absent for more than 30 calendar days due to reasons beyond his control, such as illness or accidents, the work contract is suspended and the rights, responsibilities, and guarantees of the parties are terminated since they presuppose the actual performance of work. An employee under a permanent appointment must be notified in writing of the following prior to suspension of the work contract:
Upon suspension of the work contract, the position will become obligated for the employee until such time as the employee is able to return to the position;
If the employee recovers, he may return to his position upon medical certification from social security that he is capable of performing the specific duties of his position;
Whenever it becomes certain that the employee will be unable to return to work, the obligation will cease.
2 - When it becomes known that an employee will be required to perform mandatory Portuguese military or civic service or elected or appointed to political office, the work contract is suspended and the rights, responsibilities, and guarantees of the parties are terminated, since they presuppose the actual performance of work. The employee who is under a permanent appointment will be informed in writing that his position will become obligated for a term equal to his term of obligated military service, civic service, or office described above, and that he will have return rights to the position or to an equivalent position at the same grade level.
3 - If the appointment is of a temporary nature the interruption does not preclude its termination at the end of the appointment period.
4 - The provisions guaranteeing return rights do not apply to hourly rate workers or employees terminated within the probationary period.
Article 68
Return of employee
1 - When the ill employee, under the previous article, returns to duty, he will be placed in his former position or another position having the same grade and classification. The return to duty must be effected within 15 days from the date USFORAZORES receives notice of the employee's availability.
2 - When the employee is discharged from the military or civic service or political office and desires to return to the position to which he has return rights according to the previous article, he must notify the CPF in writing not later than 15 calendar days following discharge. Failure to comply within this time limit will negate his entitlement to return to the position, and the obligation to the position will be rescinded. After notification by the employee, the employer has 15 days to restore the employee to duty.
3 - The periods of absence noted in paragraphs 1 and 2 above will be creditable service for length of service purposes.
Article 69
Rights of female employees
1 - Female employees are entitled to the following without loss of pay:
To be relieved from duties considered medically unfavorable to her pregnancy, during pregnancy and up to three months after delivery;
To be absent from work for 90 days during her maternity period without reduction in her vacation or time in service. 60 of those days must be taken immediately after delivery and the remaining 30 days must be taken in their entirety or in part before or after the delivery.
2 - If the newborn is hospitalized after delivery, maternity leave may be interrupted while the child is in the hospital and resume from the time the hospitalization terminates until the end of the maternity leave period.
3 - In an event of a miscarriage or still-born delivery, the maternity leave period will be a maximum of 30 days.
4 - Entitlement to maternity leave terminates in case of death of the newborn, but a 30 day rest period will always be assured.
5 - If the employee cannot return to work at the end of the period referred to in paragraph 1, b), above, the period may be extended under the provisions of article 67.
6 - Upon request and after producing medical evidence, a female employee will be allowed two periods per day not to exceed one hour each for the breast feeding of her newborn infant. This allowance shall not exceed one year from the birth of the child.
Article 70
Termination of employment
Termination of employment (work contract) will be in accordance with article 13 of the Labor Agreement.
Article 71
Termination by expiration
The employment (work contract) of any USFORAZORES employee will expire under the following circumstances:
The expiration of the period for which the employment (work contract) was established;
The retirement of the employee due to old age or disability;
Upon verification of supervenient, absolute and definite impossibility of the employee to perform his duties.
Article 72
Retirement termination due to old age or disability
1 - The Portuguese social security system will provide to the CPF the names of USFORAZORES employees who are receiving retirement benefits.
2 - An employee's appointment (work contract) is terminated when:
Upon learning from social security that the employee is receiving social security benefits, USFORAZORES has 30 calendar days to notify the employee that his appointment will be terminated. If not, the employee will be placed on a six months temporary appointment. The aforementioned contract can be subsequently renewed in a like manner. Whenever USFORAZORES desires to terminate the appointment, the employee must be provided at least 60 calendar days notice prior to the expiration of the appointment. If the employee desires to terminate employment, he must provide the employer 15 days notice;
Upon mutual agreement, an employee who receives social security pension may be placed on a temporary appointment for a 6 month period. Termination of said appointment will be accomplished in accordance with subparagraph 2, a), above. Upon reaching age 70, the employee may be terminated. However, a temporary appointment may be provided in accordance with the terms of subparagraph 2, a), above;
The employee is determined to be permanently disabled for continued employment by the CPPSS.
Article 73
Revocation by mutual agreement
1 - USFORAZORES and the employee may agree to terminate employment (work contract) under the terms of the following paragraphs:
The agreement to terminate employment (work contract) must consist of a document signed by both parties. Each party will maintain their own copy;
The document should expressly mention the date the agreement was signed and its effective date;
In the same document, the parties may agree to provide other terms, as long as they do not violate Portuguese law.
Article 74
Termination by just cause promoted by USFORAZORES
1 - The serious behavior of the employee and its consequences makes it immediately and practically impossible to maintain him at work and constitutes just cause for removal.
2 - The following list of behaviors is intended as an example and is not all inclusive. These behaviors constitute reason for removal with just cause:
Insubordinate disobedience to orders given by responsible supervisors;
Violation of USFORAZORES' employee's rights and guarantees;
Repeated conflicts with other USFORAZORES' employee's;
Repeated lack of intent to diligently comply with the obligations inherent to performing an assigned job;
Negligent behavior which causes serious financial loss to USFORAZORES;
Unjustified absences from work that will result in direct losses or serious risks to USFORAZORES or, regardless of any loss or risk, when the number of unjustified absences reaches 5 consecutive or 10 interpolated absences per year;
Failure to follow sanitary and safety rules at work;
The exercise of physical violence, injuries or other offenses punishable by law, within the scope of his professional activity;
Crimes against the freedom of others referred to in the previous paragraph;
Non-compliance with judicial decisions or executory administrative actions;
Employee's abnormal reduction in productivity;
False statements to the employer, including false statements in the justification of absences;
Loss of confidence in the employee.
Article 75
Termination of the work agreement during probationary period
During the probationary period referred to in article 32, either party can terminate the work agreement without advance notice and without having to justify the reason for the just cause and without the right to pay indemnity.
Article 76
Reduction in force and termination by collective dismissal
1 - Whenever USFORAZORES intends to release employees by either separation from the rolls, reassignment involving displacement or change to lower grade as a result of lack of funds, lack of work, organizational realignment or other mission changes, a formal notice of intention will be delivered to the CBA4.
2 - The formal notice will describe the basis for the reduction in force and a listing of affected positions by various sections. The CBA4 will consult with DST, and has 30 calendar days to provide any comments to COMUSFORAZORES. On the same date as the formal notice to CBA4, a copy of the notice will also be sent to CRT for their comments.
3 - The following criteria will be used by the CPF to identify affected employees:
Competitive area: all employees within USFORAZORES will compete for the remaining positions;
Competitive levels: names of employees are grouped according to competitive levels defined as all positions in the competitive areas which are similar in kind and grade and between which employees could be readily interchanged without undue interruption to the work program;
Minimum service time: employees will be ranked within competitive levels by service computation date. Any employee identified is entitled to be reassigned to any vacant position for which they qualify. If no vacancy exists, the identified employee is entitled to return to his former position or other position within the same competitive level unless the employee holding the former position has a later service computation date.
4 - Subsequently, a notice will be issued to each affected employee at least 30 days in advance of the separation date. The notice will contain information specified in the Portuguese Civilian Personnel Regulation, Lajes Field Regulation 40-1. If USFORAZORES fails to comply with this period, they will pay the employee the wages corresponding to the advance notice period unless the parties mutually agree to an earlier release date.
5 - During the advance notice period, the worker is entitled to sixty-four hours without prejudice to his pay to look for alternative employment. The credit of hours can be divided up by some or all the days of the week, as per the worker's choice, subject to supervisory approval based on mission requirements.
6 - Employees who wish to appeal the separation use the procedures of article 86 of this regulation and article 15 of the Labor Agreement.
7 - The potential remedies of an invalid removal are as stated in article 85.
8 - Employees who are changed to lower grade will be granted pay retention under article 9 of this regulation.
Article 77
Employment termination effects
1 - Upon termination of employment (work contract), USFORAZORES will pay the employee the remuneration equivalent to a proportional vacation period of the time in service during the year of termination. The same procedure shall be applied with respect to the remuneration owed for vacation subsidy.
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