ORDER No. GR.03/05/2011

Transcription

1 ORDER No. GR.03/05/2011 Regulation governing the Student Worker Statute -University of Porto In exercise of the powers conferred to me by article 400(1)(a) of the Statutes of the University of Porto, I hereby approve the regulation governing the Student Worker Statute -University of Porto. In accordance with internal rules, the Senate was consulted and ruled favourably in a session held on 18 th May The regulation accompanies this order and constitutes an integral part thereof. University of Porto, 23 rd May 2011 The Dean, Formatted: Portuguese (Portugal) (José Carlos D. Marques dos Santos)

2 Regulation STUDENT WORKER STATUTE -UNIVERSITY OF PORTO Approved by order of the Dean s office GR of 23 rd May Article 1 Purpose This document aims to define the regulation governing the University of Porto student worker statute, pursuant to Law No. 59/2008, of 11 th September, approving the Civil Service Employment Contract Regime, and Law No. 105/2009, of 14 th September, enacting the new secondary legislation governing the Labour Code. Article 2 Scope of application 1 For purposes of this regulation, student workers from the University of Porto are considered those attending any undergraduate, graduate, masters or doctoral course of study offered by said University: a) Employees, regardless of any employment relationship, of a public or private entity; b) Self-employed; OR c) Attending a professional development course of study or temporary youth employment programme, provided that it lasts at least six months. 2 Pursuant to the terms of this regulation, those whose student worker status has already been acknowledged and subsequently become involuntarily unemployed continue to receive the unemployment benefit until the end of the academic year in progress, providing that they submit a declaration of registration at a job centre to the secretariat of the respective organisational unit within thirty days of the occurrence. 3 The student worker statute is not applicable to researchers with scholarships, pursuant to the terms of art. 4, Law No. 40/2004, of 18 th August and art. 25 of the Regulation governing Advanced Training and Qualification of Human Resources of the Foundation for Science and Technology, or to any other scholarship status where full commitment is required. 4 The University of Porto student worker statute is applicable to part-time workers, upon compliance with the obligations set forth in this regulation. Article 3 Procedure 1 Recognition of the student worker status depends on submission to the secretariat of the respective organisational unit of an application on a specific form supplied by said unit, addressed to the director of same, accompanied by the following documents: a) If the applicant is a civil servant or works for a public authority, a declaration from the respective service specifying the applicant s Social Security ID number or Pension Fund subscription number, duly signed by the person responsible and bearing the official seal. b) If the applicant works for a private entity, an up-to-date declaration from the employer, signed and duly authenticated with a notary s seal or signature, indicating the Social

3 Security number or otherwise a declaration proving registration in the Pension Fund or an up-to-date Social Security benefits worksheet; c) If the applicant is self-employed: i) A declaration indicating the start/restart of activity, issued by the finance department, in the year the activity started or, in following years, an income statement that cannot show zero income; And ii) A declaration proving registration or exemption from Social Security registration; d) If the applicant is attending a professional training course or temporary youth employment programme (lasting at least six months), a declaration from the entity responsible, duly signed or authenticated by a notary's seal or signature, specifying the respective duration. 2 If the applicant is employed by the University of Porto, he/she is exempt from submitting supporting documents and simple indication of such status on the application mentioned in the previous point is sufficient; 3 The competent academic services of each organisational unit may, at any time, and when the documents mentioned in point one are considered insufficient, request any other documents proving the status which the applicant seeks to have recognised. Article 4 Time limit 1 The application and documents mentioned in the previous article should be submitted at registration/enrolment or, if this is not possible, within 20 business days thereof. 2 If the conditions required for obtaining the student worker status are met after the timeframe set forth in point 1 has elapsed, the student may still request the status to be granted for the second semester of the academic year, provided that the application and documents are submitted by the latter within 20 business days of the start of the second semester. Article 5 Preliminary rejection 1 The following are cause for preliminary rejection: a) Submission after the deadlines specified in the previous point; b) Incomplete investigation of the application; c) Failure to submit the documents or additional information within the deadline established by the services, pursuant to point 3 of article 30; d) Failure to meet the eligibility requirements. 2 Applications by student workers with poor academic results shall also rejected, as specified in point 2, article 90 of this regulation. 3 With the exception of section b), point i, situations in which there is evidence that the applicant is not responsible for incomplete investigation.

4 Article 6 Decision 1 The director of the respective organisational unit is responsible for making decisions regarding the applications submitted, after consulting the legal and statutorily competent bodies. 2 The interested party is informed of the decision within 15 business days. Article 7 Effects 1 - Following approval of the request for designation of status, the decision shall go into effect as of the starting date of the academic year, notwithstanding the provisions of the following point. 2 In the case mentioned in point 2 of article 40, the benefits set forth in this regulation are applicable only to second semester curricular units in which the student is registered, including those in which examinations may be taken in the special rehabilitation period. Article 8 Rights 1 The student worker whose respective status is recognised is not subject to: a) Attendance of a minimum number of curricular units of a specific course of study or to the prescription regime or any other regime involving change of education institution; b) Any legal provision where good academic results depend on attendance of a minimum number of classes per curricular unit; c) Limitation of the number of examinations to be taken during the special rehabilitation period. 2 Notwithstanding the provisions of paragraph b) of the previous point, the student worker is not exempt from being evaluated, including distributed evaluation, which are minimum requirements for access to the final examination, if there is one, pursuant to the terms in which it is established on the respective curricular unit form. 3 As an exception, upon the student worker s justified request, addressed to the director of the organisational unit (following the decision of the board of studies), any distributed evaluation tests may, on specific occasions, be scheduled for dates other than those originally established or alternative evaluation methods may be considered. 4 In curricular units that expressly use only the distributed evaluation model without a final examination for all those enrolled, the student worker is only entitled to a special examination period in this curricular unit if this is expressly provided on the respective form. 5 The student worker has priority in the choice of timetable from amongst those existing, although this is limited to the period announced every year for exercising such preference. 6 The organisational unit with classes after working hours must ensure that examinations and tests for evaluation purposes and minimum support for student workers take place in the same hours, to the greatest extent possible. 7 The student worker is entitled to remedial classes and teaching support considered essential by competent bodies of the respective organisational units, at the proposal of a lecturer or coordinator. 8 The provisions contained in the previous points cannot be added to any other regime pursuing the same objectives in terms of evaluation tests.

5 Article 9 Termination of rights 1 The rights granted to the student worker are terminated upon: a) Failure to pass two consecutive or three non-consecutive academic years; b) Misrepresentation of facts on which the granting of the statute depends or facts constituting rights, including their the abuse thereof, notwithstanding other legally applicable measures. 2 For the purpose of paragraph a) of the previous point and point 2 of article 50, good academic results are considered passing at least half of the curricular units in which the student worker is enrolled or registered. 3 Student workers considered to have good academic results are those who do not fulfil the specifications of the previous point due to maternity or parental leave of at least one month, or due to an occupational accident or professional illness, duly justified with the organisational unit. 4 In the academic year following the first-time termination of the rights set out in Law No. 59/08, of 11 th September, approved by the Civil Servant Employment Contract Regime, and Law No. 7/2009, of 12 th February, which approved the review of the Labour Code, or this regulation, the student worker may be granted only one more chance to exercise such rights. Article 10 Tuition Fees 1 Student workers must pay tuition fees as established in the University of Porto Tuition Fee Regulation. 2 Pursuant to the terms of article 180 of the University of Porto Tuition Fee Regulation, student workers who, while they are enrolled, prove to the respective organisational unit the pressing need to interrupt their studies for professional reasons, may apply to maintain registration for one year without enrolling in any curricular unit, whereby the respective tuition fees for this academic year will not be due. Article 11 Regime 1 Student workers may enrol on a full-time or part-time basis. 2 Providing this is expressly indicated at the beginning of the academic year, student workers may change from full-time to part-time status in any year of the course of study, regardless of the number of credits (ECTS) yet to be earned to complete the course of study. Article 12 Doubts and omissions Doubts and omissions regarding the application of this regulation are decided upon by order of the Dean s office. Article 13

6 Commencement This regulation shall come into force during the academic year.