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…
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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
2 - If employment (work contract) is terminated before the vacation period earned at the beginning of that year is taken, the employee will be entitled to receive the remuneration equivalent to that period. The same procedure shall be applied with respect to the remuneration owed for vacation subsidy.
3 - The vacation period referred to in paragraphs 1 and 2 shall count as time in service if not taken.
Article 78
Employment interruption effects (due to prolonged absence)
1 - If the employee is unable to take all or part of his earned vacation during the year in which the work contract is interrupted due to prolonged forced absence under article 67, he shall be entitled to a remuneration equivalent to the unused vacation period and the corresponding subsidy.
2 - Upon termination of the forced absence, the employee is entitled, after three months of effective service, to a vacation period and corresponding subsidy that he would have earned on January 1 of that year, as if he had been working.
3 - The vacation days in excess of the number of days occurring between the time the employee reports for work at the end of his forced absence and the end of the calendar year in which the forced absence took place shall be used during the first three months of the following year.
Article 79
Disciplinary authority
USFORAZORES has disciplinary authority over its Portuguese civilian employee's.
Article 80
Disciplinary actions
1 - USFORAZORES may take the following administrative disciplinary actions without prejudice to the employee's rights and guarantees:
Admonishment;
Official reprimand;
Suspension in non-pay status;
Removal.
2 - An administrative disciplinary action should be proportionate to the degree of seriousness of the offense and degree of guilt of the violator. An administrative disciplinary action cannot be applied more than once for the same infraction.
3 - The disciplinary action must be taken during 60 days subsequent to the date USFORAZORES or the immediate supervisor with disciplinary authority learned of the offense. However, when formal investigations are necessary, the time period is extended an additional 45 days after completion of the final investigation.
4 - The provisions of the previous paragraph do not preclude USFORAZORES from seeking compensation for losses or from taking other appropriate legal action.
5 - The loss in pay as a result of the disciplinary action specified in paragraph 1, c), will not go to the Financial Management Institute of the Social Security System (FMISS). However, both USFORAZORES and the worker will make their respective payments to social security based upon the corresponding pay for the suspension period.
Article 81
Limits of penalties
Suspension from duty with loss of pay will not ordinarily exceed 12 days for each infraction and, in each calendar year, a total of 30 days. Those limits, however, may be doubled when justified by the special circumstances of the employment.
Article 82
Serious disciplinary violations
The following constitute serious disciplinary violations:
Unjustified absence during three consecutive days or six interpolated days during a one-year period;
Unjustified absence with the alleged justification proven false.
Article 83
Procedures for administering discipline
1 - Application of disciplinary actions specified in article 80, paragraph's 1, b) and c), shall observe the following procedural requirements:
A disciplinary action is initiated when a letter of proposed disciplinary action is presented to the employee. This letter shall explain what he is accused of, its basis and the proposed disciplinary action;
The employee may answer the charges in writing within five work days;
In the reply, the employee may indicate witnesses for each charge made in the letter;
Upon the employee's request, a copy of the letter will be forwarded to the CRT. They shall have two days in which to respond;
Final disciplinary action cannot be taken until the time limit for the CRT and the employee's responses has elapsed.
2 - The disciplinary actions specified in article 80, paragraph 1, d), shall observe the following procedural requirements:
USFORAZORES will notify, in writing, the offending employee of its intention to remove him, including the detailed circumstances of the charges made against him;
A copy of the above-mentioned communication shall be forwarded to the CRT on the same date;
The employee has five work days to study the case file and submit a reply. In the reply, the employee must mention any elements that he considers will clarify the incident and his participation. Furthermore, the employee may attach documentation and request evidence that may be pertinent to clarify the truth;
USFORAZORES will provide information requested by the employee in his behalf, unless it is otherwise considered burdensome or not relevant. In such case, this decision must be substantiated in writing;
USFORAZORES is not obligated to hear more than 3 witnesses for each charge made in the communication, nor more than a total of 10. It is the accused's responsibility to ensure these witnesses will appear;
Once the relevant information is incorporated, a complete copy of the case file should be presented to the CRT who may within the next five work days attach their opinion to the case file;
The deciding official will consider the circumstances of the case, the appropriateness of removal in light of the guilt of the employee, as well as opinions attached to the written defense of the worker when rendering a decision. The deciding official will also consider any mitigating or aggravating factors affecting the case;
Upon expiration of the time limits referenced in the previous subparagraphs, USFORAZORES has 30 days to render a written decision with the rationale;
A copy or transcription of the written decision shall be forwarded to the employee and CRT;
Notifying the employee of the communication referred to in subparagraph a) above suspends continuation of the period established in article 80, paragraph 3.
3 - The employee may be suspended for up to 10 days with pay if the employer:
Has lost confidence in the employee; or
The employee poses a physical menace.
4 - Upon notification of the communication referred to in paragraph 2, a), USFORAZORES may effect a preventive suspension without loss of pay.
5 - Suspension of an employee who is also a CRT member does not prevent him from having access to areas and activities where his CRT duties are normally performed, unless suspended under paragraph 3, b).
Article 84
Determination of validity of disciplinary removal
1 - Disciplinary removal of an employee is considered invalid:
When appropriate administrative procedures as contained in article 83 are not followed;
When based on political, ideological or religious reasons;
If the invoked just cause is found groundless.
2 - Judicial review is available after exhaustion of administrative appeal procedures in the Labor Agreement.
3 - It is the employer's responsibility to provide and prove only the facts related to the case.
4 - For appreciation of the removal with just cause, the degree of prejudice to USFORAZORES interest, the relations between both parties or the employee and his coworkers and other circumstances that may seem relevant to the case, should be considered.
5 - Determination of the validity of removal of a CRT member should be given priority.
Article 85
Potential remedies of an invalid removal
1 - If a competent jurisdiction of the dispute resolution process prescribed in article 15 of the Labor Agreement finds an employee's removal invalid, the following are potential remedies:
If an indemnity is awarded, the indemnity shall be computed as set out in article 13, paragraph 4, of the Labor Agreement;
If retroactive pay is awarded, the amount cannot exceed the pay the employee would have earned as of the date of removal less the amount of money earned by the employee in activities initiated after the removal.
2 - If a competent jurisdiction of the dispute resolution process prescribed in article 15 of the Labor Agreement finds a temporary employee's removal invalid, the following are potential remedies:
For temporary employment with a «not to exceed» date, the amount cannot exceed the pay the employee would have earned from the date the employment was terminated until the «not to exceed» date of the temporary work contract; or
For temporary employees with an indefinite term, the amount cannot exceed the pay the employee would have earned from the date the employment was terminated until the end of the project, the date the replaced worker returns, or the date of the final decision, whichever occurs first;
The total pay the employee earned from job(s) initiated after the contract was terminated above in either 2, a), or 2, b), will be deducted from the amount that can be awarded above.
3 - The potential remedies listed above are not exclusive. Other remedies can be awarded by any competent jurisdiction of the dispute resolution process.
Article 86
Processing complaints
1 - Employees have the right to submit a verbal or written complaint to his organizational supervisor within 30 days of the event or occurrence, or at any time in the case of a continuing occurrence.
2 - The organizational supervisor has seven calendar days in which to respond to the employee's complaint. If the complaint is not resolved to the employee's satisfaction, he has seven calendar days from the receipt of the organizational supervisor's response in which to present a formal written complaint to his organizational commander or the next higher level in the chain of command when the initial decision was made by the organizational commander.
3 - Written complaints to the organizational commander must state the reason(s) which give rise to the complaint, indicate the remedial action sought, and may contain any other facts or information pertinent to the complaint.
4 - Upon receipt of an employee's written complaint, the organizational commander will review it and render a written decision within 14 calendar days. At the organizational commander's option, a designated official may be appointed to conduct a procedural/substantive review. In this case, the time period for rendering a decision is extended by 7 calendar days.
5 - If the employee is not satisfied with the decision of the organizational commander, he may submit a written complaint to the first level of dispute resolution within seven calendar days of receipt of the organizational commander's determination. If the employee submits a written complaint, he must submit it to the Commander, USFORAZORES, and the Commander, Air Base 4, simultaneously.
6 - The Commander, USFORAZORES, will consult with the Commander, Air Base 4, on the complaint. The first level will render a determination or opinion of both parties within 21 calendar days, unless a justified situation requires a delay.
7 - If the employee is not satisfied with the first level determination, he may submit the complaint to the Labor Committee within 14 calendar days of receipt of the notification by Commander, USFORAZORES.
8 - If the employee is not satisfied with the Labor Committee determination, he may submit the complaint to the Standing Bilateral Commission within 14 calendar days of receipt of the notification by the Labor Committee.
9 - If the employee is not satisfied with the Standing Bilateral Commission determination, he may submit the complaint to the competent court (as defined in article 17 of the Labor Agreement) within 60 calendar days of receipt of the notification by the Standing Bilateral Commission.
10 - Due to the sensitivity of the matters involved, expedited interventions are expected at all levels of the multi-level process to permit a timely application of the decisions taken.
Article 87
Suspension of judicial terms
1 - The submission of complaints in accordance with article 16 of the Labor Agreement, suspends the judicial terms in the process of the employee against USFORAZORES.
2 - The employee must exercise his right to judicial review within 60 days of receiving a decision from the Standing Bilateral Commission.
Article 88
Safety officer
USFORAZORES shall appoint an individual to be responsible for health and safety matters. Said individual shall be designated as safety officer.
Article 89
Fatal accident
Whenever a Portuguese USFORAZORES employee suffers a fatal accident at work, his body cannot be removed without the presence and approval of the appropriate Portuguese authorities.
Article 90
On-the-job accidents and occupational diseases
The standards contained within Portuguese law regarding on-the-job accidents and occupational diseases shall apply to Portuguese USFORAZORES employees.
Article 91
Validity
Modification of this regulation will be in accordance with article 1 of the Labor Agreement. This regulation will remain in effect until it is superseded.
Done, in duplicate, this twelfth day of February 1997 in the English and Portuguese languages, each text being equally authentic.
For the Portuguese Republic:
Pedroso de Almeida.
For the United States of America:
Bobbie Kelly.
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