The diploma, which amends the rules in support of the reduction of the activity of the self-employed, self-employed entrepreneurs and company managers, was published on Wednesday in the Diário da República and clarifies one of the doubts that have arisen with the President of the Republic. Marcelo Rebelo de Sousa adopted the amendments to the government decree introduced by Parliament: knowing whether workers in tourism, culture, events and shows that are no longer subject to the obligation to suspend activities or close facilities would still have access to support in the coming years. Months.
The final wording of the law ensures that, as intended by the government, support for workers in these sectors will continue until June 30 if they completely disrupt their work or activity in that sector, even if they are no longer obliged to do so to duty. Closure or suspension (for other workers, assistance is only available to those who are required to suspend activities or close facilities and facilities).
The doubt about what would happen to the financial support of workers in tourism, culture, events and shows arose due to a problem with the numbering of the original legislative decree.
When the parties voted on an amendment to the government’s legislative decree in early March, the executive diploma still did not provide for this exemption for workers in the fields of culture, tourism, events and shows. The opposition voted for a BE diploma which, in addition to changing the first number of Article 3 of the Law (on the Universe of Beneficiaries), added a new number (for the period used as a reference for calculating the social benefit) article, to have four numbers.
Even before the President of the Republic passed these changes, the government made its own amendment to the diploma to include this extension to workers in these areas of activity, and with this addition the working base remained the original diploma, which then contained only three numbers. And in order to add more rules, he had to add more numbers, i.e. a fourth and a fifth number.
At the moment when Marcelo Rebelo de Sousa gave the green light for the support, there was a problem of the compatibility of the two diplomas in relation to Article 4 of the law, as there are two different texts (and on different subjects) for the same paragraph.
This doubt would eventually be resolved by the Casa da Moeda National Press during the legislative consolidation phase in Diário da República, since it is a longer article with six numbers that is the result of the arrangement of the two texts.
At the end of the article, on the initiative of Parliament, it is provided that when calculating the support, the social security must take into account “the average annual monthly income of the worker in 2019” instead of the comparison for the year 2020.
This is one of the sources of tension between the government and the opposition parties. On the one hand, the BE (draftsman) and the other political groups claim that they have not changed the formula for calculating the support, only the reference period used for the calculation; On the other hand, the government understands that the parties have changed the calculation formula because they have not only changed the comparison period, but what is taken into account in this comparison because, according to the Minister of Labor, instead of social security, taking into account the “relevant monthly income” you have to Take “average monthly annual income” into account.
However, the parties who approved the law understand that this is not the case because the original calculation formula provided in the law to which this diploma relates is retained, since it predicts that support will be provided in Incident varies depending on the remuneration registered as the contribution basis.
Ana Mendes Godinho, heard in Parliament on Tuesday, said Social Security needs to change computer systems to process assistance according to the new rules, insisting that there is a difference between what is written and what is what the parties intended and urged the parties to clarify the norm.
In addition to supporting the reduction of the activity of self-employed, the other measures announced by Marcelo Rebelo de Sousa were published in the Diário da República this Wednesday, in relation to which António Costa urgently requested a successive inspection Constitutional Court: Extension of the exceptional social security support for Parents teleworking with children at home up to 12 years old (rather than just covering parents with children up to the first cycle of basic education); and management tools for health professionals in response to the pandemic.
The new rules come into effect on Thursday.