The national direction of the PSP and the regional command of the GNR understand that the Statute of the Police and the Statute of the Military do not follow the Labor Code, so the legislation does not apply.
The PSP and GNR are without access to self-declarations of sick three days, recently introduced in the Labor Code.
This is because the national direction of the PSP and the regional command of the GNR believe that the Statute of the Police and the Statute of the Military do not follow the Labor Code, so the legislation does not apply.
The Association of Police Professionals Union (ASPP) recognizes this understanding, although it does not agree with it. The Statute of the Police and the Military Statute of the GNR define the situations of illness of the respective professionals, overriding the Labor Code.
“The PSP Statute applies to police officers. Only the general law for workers in public functions applies to matters not regulated by our statute. With regard to situations of illness, its communication and proof, they are expressly regulated in our statute (see articles 40, 42 and 43),” says the ASPP, cited by the newspaper Público.
The PSP statutes state that in the case of “use of medically assisted procreation technique, illness, accident”, the proof “is made by hospital establishment, PSP medical station, by declaration of the health center or by medical certificate”.
This way, “the hypothesis of this proof being made under the terms of article 254 of the Labor Code is not contemplated”, which states that “proof of the worker’s illness situation is made by declaration from a hospital establishment, health center, digital service of the National Health Service [here enters the self-declaration], or digital service of the regional health services of the autonomous regions, or even by medical certificate”.
According to ASPP, only with a revision of the statutes could the PSP have access to automatic sick leave.
Also the National Police Union (Sinapol) doesn’t understand why PSP agents are prevented from accessing these casualties.
In the case of the GNR, the justification is similar, since the Military Regulations also state that “the regime for granting, checking and justifying the dispensations provided for” is contained in “internal regulations and, subsidiarily, in the general law.
The self-declaration of sick leave has been in effect for two months, is done on the SNS portal, and justifies absence without entitlement to sick leave allowance. It can be requested twice a year.
