the General Law of Labour in Public Functions, whenever a public servant is condemned
for any sort of crime, the public prosecutor is already obliged to report that fact to the
employers – which renders the duty to yearly present the criminal record certificate rather
redundant, where public sector workers are concerned.
Consequently, the Ombudsman recommended to the Assembly of the Republic the
adoption of other legal solutions, that in a more economic and efficient way could guarantee that entities responsible for promoting activities involving regular contact with minors
have adequate conditions to regularly assess the suitability of workers and volunteers for
the exercise of their functions.
•
Recommendation No. 4/B/2016
Cases Q-3094/13, Q-985/13, Q-2873/15 et al.
Entity addressed: Minister of Labour, Solidarity and Social Security
Date: 2016.10.14
Subject: Social protection in the event of unemployment. Rules applicable to the unemployed who do not receive unemployment benefits. Reduction and increase of the
unemployment subsidy
Status: Partially accepted
After analysing several complaints filed by unemployed citizens, the Ombudsman concluded that the legal discipline of protection in the event of unemployment (contained in
Decree-Law No. 220/2006) should be improved in various aspects.
The Ombudsman issued a recommendation for the Minister of Labour, Solidarity and
Social Security to consider: a) adopting a legal discipline especially applicable to citizens
enrolled in employment centres who are not receiving any subsidy; b) establishing limits
to the reduction of 10% of the unemployment allowance after six months, provided for
in No. 2 of article 28 of Decree-Law No. 220/2006, in order to assure a minimum grade
of protection in the event of unemployment; and c) clarifying the scope of the unemployment benefit increase for families in a particularly fragile situation, in order to benefit
all households where both spouses or equivalent are unemployed and have children to
provide for.
Since, at the time the recommendation was issued, the Parliament was discussing the
Budget of State Law for 2017, the Ombudsman considered opportune to give notice of
this recommendation also to this sovereign body.
•
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