administrative decisions after too long since they were adopted, even when those decisions
were based on a misconception of the relevant facts or rules applicable. The Ombudsman
noted that, since in 2015 a new Administrative Procedure Code entered into force, containing new rules on the revocation of administrative decisions, the prevalence of these
rules over the rules of the Decree-Law No. 155/1992 should be clarified, in order to guarantee that they are uniformly applied by all public services.
Secondly, the recovery of the unduly paid sums is frequently carried out by deducting
the parcels of the due amounts from the employee’s stipend. The Ombudsman defended
that limits on the percentage of salary that may be deduced should, therefore, be set, and
clearly, in order to ensure that the fundamental right to a minimum income is not violated.
•
b) Suggestions
Case Q-4482/15
Entity addressed: Hospital Centre of Vila Nova de Gaia/Espinho
Date: 2016.04.19
Subject: Strike – ascertainment of the retribution due to workers involved
Status: Accepted by the addressee
A worker who joined a two-day strike complained that his pay was calculated on the
basis of his normal working hours. The Ombudsman pointed out that this discount had
to be recalculated, taking in consideration the daily remuneration of the employee (and
not the number of hours of the shift he was assigned on the days of the strike). Consequently, the remaining value that had been unduly deducted to the worker’s salary should
be returned – suggestions that were accepted by the Administration.
•
Case Q-590/16
Entity addressed: Public Security Police
Date: 2016.09.15
Subject: Salary supplements. Protection of parenthood
Status: Accepted by the addressee
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