Machine Translated by Google Diário da República, 1st series — No. 54 — March 15, 2012 1237 MINISTRY OF SOLIDARITY So: AND SOCIAL SECURITY In the development of the legal regime established by Law no. 4/2007, of 16 January, and under the terms of paragraphs a) and c) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: Decree-Law No. 64/2012 from March 15th Article 1 The XIX Constitutional Government, in compliance with the measures Object contained in the Memorandum of Understanding, changes the legal regime This Decree-Law establishes a transitional and exceptional support of protection in the unemployment of workers, beneficiaries of the general regime for the unemployed with dependent children and makes the fourth social security regime, in order to adapt it to reality. economic and financial amendment to Decree-Law no. 2009, of March 20, by Law No. 5/2010, of situation of the country, without forgetting the social reality underlying this May 5, and by Decree-Law No. 72/2010, of June 18. eventuality. In this context, there is a temporary increase of 10% of the amount of unemployment benefit in situations where both members of the couple are Article 2 entitled to unemployment benefit and have dependent children, this Increase in the amount of unemployment benefit measure also covering single-parent families. 1 — The daily amount of unemployment benefit calculated under the The guarantee period for unemployment benefit is reduced from 450 to terms of articles 28 and 29 of Decree-Law no. 220/2006, of 3 November, 360 days, in order to extend protection to beneficiaries with shorter is increased by 10% in the following situations: contributory careers. With regard to the value of the unemployment benefit, a reduction of a) When in the same household both spouses or 10% is introduced to be applied after 6 months of granting, as a way of persons living in a de facto union are holders of the encouraging the active search for a job by the beneficiaries. unemployment benefit and have children or equivalent dependents; The maximum limit of the monthly amount of unemployment benefit is b) When in the single parent household the only relative is the holder of unemployment benefit and does not receive a maintenance allowance reduced, maintaining the minimum values in order to safeguard beneficiaries decreed or approved by the court. with lower wages. 2 — The increase referred to in subparagraph a) of the preceding paragraph The periods for granting unemployment benefit are reduced, with the lower is 10 % for each of the beneficiaries. maximum grant period being reduced to 540 days, while safeguarding, 3 — For the purposes of the provisions of subparagraph b) of no. however, the training rights of the beneficiaries, maintaining the right to single-parent household as provided for in article 8-A of Decree-Law no. increases according to the age of the beneficiary and the number of of 176/2003, of 2 August, as amended by Decree-Law no. June. months with a record of earnings in the period immediately preceding the date of unemployment. 4 — The increase provided for in paragraph 1 depends on the request ment and proof of the award conditions. However, for workers with a longer contributory career, the possibility 5 — The provisions of the previous numbers apply to the beneficiaries: of exceeding this limit is guaranteed, especially those over 50 years of age. With a view to dynamizing and inserting unemployed workers into the a) Who are receiving unemployment benefits labor market, the possibility of partial payment of the single amount of the date of entry into force of this decree-law; b) Whose applications for the attribution of unemployment benefit unemployment benefits was created, in accumulation with the continuation depend on a decision by the competent services; of payment of unemployment benefits. c) Who submit the application for the granting of unemployment benefit There were also occasional changes to the legal regime for during the period of validity of the rule. unemployment protection with a view to improving the effectiveness and efficiency of protection and strengthening the conditions for granting and Article 3 maintaining benefits. In any case, it is considered essential that the changes to the Amendment to Decree-Law No. 220/2006, of November 3 unemployment protection regime now presented are implemented in close Articles 9, 10, 12, 17, 20, 22, 24, 28, 29, 34, 37, 38, 45th, 49th, 60th, articulation with the reinforcement of active employment policies, with a 63rd, 70th, 72nd, 76th, 80th and 82nd of Decree-Law No. 220/2006, of 3 view to an effective and real reinforcement of the employability of the November , as amended by Decree-Law No. 68/2009, of March 20, by unemployed. Law No. 5/2010, of May 5, and by Decree-Law No. 72/2010, of June 18, To this end, the Government considers it essential to implement are replaced by the following wording: measures aimed at creating jobs and enhancing employability, namely those aimed at promoting the insertion of the unemployed into the labor market before they lose their right to unemployment protection. «Article 9 [...] This decree-law resulted from the involvement and dialogue with the 1— ... .... .... .... .... .... .... .... .... .. social partners within the scope of the Permanent Commission for Social Dialogue, of the Economic and Social Council. a) . .... .... .... .... .... .... .... .... .... .. b) . .... .... .... .... .... .... .... .... .... .. The self-government bodies of the Autonomous Regions were heard. c) . .... .... .... .... .... .... .... .... .... .. d) . .... .... .... .... .... .... .... .... .... .. Machine Translated by Google 1238 Diário da República, 1st series — No. 54 — March 15, 2012 2 — For the purposes of subparagraph a) of the previous 4 - (Previous n.º 3.) number, involuntary unemployment is presumed to exist in 5 - (Previous n.º 4.) situations where: 6 - (Previous n.º 5.) 7 - (Previous n.º 6.) a) The ground invoked by the employer does not constitute just cause for dismissal for a fact attributable to the employee or, if the employee proves that he has filed a lawsuit against the employer; Article 17 [...] 1— ... .... .... .... .... .... .... .... .... .. b) The employer performs dismissal without complying with the 2— ... .... .... .... .... .... .... .... .... .. formalities provided for in the Labor Code, provided that the employee 3— ... .... .... .... .... .... .... .... .... .. proves that a lawsuit has been filed against the employer. 4— ... .... .... .... .... .... .... .... .... .. 5 — Compliance with the obligation set out in this article begins 3— ..................................... on the date of submission of the application for granting unemployment 4— ..................................... benefits. 5— ..................................... 6— ..................................... Article 20 [...] Article 10 [...] Beneficiaries must be in a situation of involuntary unemployment 1— ..................................... and registered for employment at the employment center in the area 2— ..................................... of residence, without prejudice to the provisions of paragraph 4 of article 72. a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 22 c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [...] d) A company under restructuring is also considered to be one that is declared as such for the purposes provided for in this decree- 1 — The guarantee period for granting the unemployment benefit law through a favorable decision of the member of the Government is 360 days of work on behalf of others, with the corresponding record responsible for the area of employment, after consultation with the of earnings, in a period of 24 months immediately prior to the date of Ministries of Economy and Employment and Solidarity and Social unemployment. Security, after presentation of the project that unequivocally demonstrates that the dimension of the company's restructuring, 2— ... .... .... .... .... .... .... .... .... .. necessary for its economic and financial viability, determines the need to exceed the quantitative limits established in paragraph 4 of this Article 24 article. [...] 3— ..................................... 1 – Recognition of the right to social unemployment benefit also 4— ..................................... depends on the fulfillment of the resource condition at the time of unemployment or at the date of cessation of the granting of a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . unemployment benefit, depending on whether the initial or subsequent b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . benefit is, respectively. 2— ... .... .... .... .... .... .... .... .... .. 5— ..................................... 3— ... .... .... .... .... .... .... .... .... .. 6— ..................................... 4— ... .... .... .... .... .... .... .... .... .. Article 12 [...] Article 28 [...] 1— ..................................... 2— ..................................... 1 — The daily amount of unemployment benefit is equal to 65% of the reference salary and calculated on the basis of 30 days per a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . month, without prejudice to the provisions of the following number. b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 — After 180 days of granting, the daily amount of unemployment d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . benefit is reduced by 10%. and) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - (Previous n.º 2.) 4 - (Previous n.º 3.) 3 — The active employment measures provided for in subparagraphs a), b), c) and e) of the previous Article 29 number must be suitable for the job seeker, considering, [...] in particular, their physical aptitudes, educational qualifications, professional training, skills and ex- 1 — The monthly amount of the unemployment benefit cannot professional experiences, even if they are located in a exceed two and a half times the value of the social support index sector of activity or profession different from the (IAS) nor less than the value of this index, without prejudice to the occupation prior to the time of unemployment. provisions of the following numbers. Machine Translated by Google Diário da República, 1st series — No. 54 — March 15, 2012 1239 2— ..................................... iii) With a record of remuneration for a period equal to or 3— ..................................... greater than 24 months, 540 days; 4— ..................................... d) Beneficiaries aged 50 or over: Article 34 [...] i) With a record of remuneration in a period of less than 15 months, 270 days; 1— ..................................... ii) With a record of remuneration for a period equal to or 2— ..................................... greater than 15 months and less than 24 months, 480 days; 3 — In situations of self-employment using the global amount iii) With a record of remuneration for a period equal to or of unemployment benefits, beneficiaries cannot combine the greater than 24 months, 540 days. exercise of that activity with another normally remunerated activity during the period in which they are obliged to maintain 2 — The periods for granting the unemployment benefit and that activity . the initial social unemployment benefit provided for in the previous number are increased according to the contributory career in the 4 - Unjustified non-compliance with the obligations arising period immediately prior to the date of unemployment, in the from the approval of the project to create one's own job or the following terms: application, even if partial, of benefits for a purpose other than that for which they are intended, implies the revocation of the a) For beneficiaries under the age of 40, an increase of 30 support granted, applying the legal regime of the restitution of days for every five years with a record of earnings in the last 20 social security benefits unduly paid, without prejudice to any years; administrative or criminal liability that may arise. b) For beneficiaries aged 40 years or over and under 50 years, an increase of 45 days for every five years with recorded earnings in the last 20 years; 5 — Without prejudice to the competences of the employment centres, the social security inspection services may, for the c) For beneficiaries aged 50 or over, an increase of 60 days purposes of the previous number, verify compliance with the for every five years with a record of earnings in the last 20 years. conditions for attribution of payment, in a single installment, of the global amount of unemployment benefits. 3 — For the purposes of the provisions of the previous numbers, the periods of registration of remuneration subsequent 6 - (Previous n.º 3.) to the end of the granting of benefits due to the last situation of unemployment are considered, without prejudice to the provisions Article 37 of the following number. [...] 4 - (Previous n.º 3.) 5 — In situations in which the worker has not benefited from 1 — The period for granting the unemployment benefit and the increases, provided for in paragraph 2, for having resumed the initial unemployment social benefit is established according work before the maximum period for granting the initial to the age of the beneficiary and the number of months with unemployment benefit has expired , the periods of registration of registration of earnings in the period immediately prior to the date remunerations that do not have been considered relevant, for the of unemployment, in the following terms: purposes of increasing the period for granting benefits, in a subsequent situation of unemployment. a) Beneficiaries under the age of 30: i) With a record of remuneration in a period of less than 15 Article 38 months, 150 days; ii) With a record of remuneration for a period equal to or [...] more than 15 months and less than 24 months, 210 days; 1 — The period for granting the social unemployment benefit, iii) With a record of remuneration for a period equal to or when awarded subsequently to the unemployment benefit to greater than 24 months, 330 days; beneficiaries under the age of 40, has a duration corresponding b) Beneficiaries aged 30 or over and under 40: to half of the periods established in paragraph 1 of the previous article , taking into account taking into account the age of the beneficiary on the date on which unemployment benefit ceased. i) With a record of remuneration in a period of less than 15 months, 180 days; 2 — The period for granting the unemployment benefit, when ii) With a record of remuneration for a period equal to or awarded subsequently to the unemployment benefit to greater than 15 months and less than 24 months, 330 days; beneficiaries aged 40 or over, has the same duration as the iii) With a record of remuneration for a period equal to or unemployment benefit initially awarded. greater than 24 months, 420 days; c) Beneficiaries aged 40 or over and under 50: Article 45 Temporary incapacity due to illness i) With a record of remuneration in a period of less than 15 months, 210 days; 1— ... .... .... .... .... .... .... .... .... .. ii) With a record of remuneration for a period equal to or 2 — The certification of the disease situations provided for in more than 15 months and less than 24 months, 360 days; the previous number is carried out under the same terms Machine Translated by Google 1240 Diário da República, 1st series — No. 54 — March 15, 2012 in which the temporary incapacity for work is unemployment claims, with the employer being obliged to social certified under the legal regime of social protection security to pay the amount corresponding to the entire period of in the event of illness within the scope of the granting the initial unemployment benefit. welfare system, which must include the foreseeable period of duration of the temporary incapacity. 3 — The provisions of the previous numbers apply, with the Article 70 necessary adaptations, to situations of temporary incapacity for urgent [...] and essential assistance in case of illness or accident, to children, adopted children or stepchildren under 10 years of age, or disabled, 1— ... .... .... .... .... .... .... .... .... .. under the Labor Code. .... .... .... .... .... .... .... .... .... .. a) . b) . .... .... .... .... .... .... .... .... .... .. 4 - (Previous n.º 3.) .... .... .... .... .... .... .... .... .... .. c) . 5 - (Previous n.º 4.) .... .... .... .... .... .... .... .... .... .. d) . e) . .... .... .... .... .... .... .... .... .... .. Article 49 f) . . . . . .... .... .... .... .... .... .... .... .. [...] g) . . . . . .... .... .... .... .... .... .... .... .. h) . . . . . .... .... .... .... .... .... .... .... .. 1— ..................................... i) . . . . . .... .... .... .... .... .... .... .... .. a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j) . .... .... .... .... .... .... .... .... .... .. b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2— ... .... .... .... .... .... .... .... .... .. c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 — The notices and notifications issued by the employment and) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . centers, under the terms of this statute, must be sent to the f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . beneficiary's domicile at least three working days in advance of the date of appearance, being considered made and presuming g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . postal notification made on the third day after dispatch, or on the first j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . business day, when it is not. 4 — Notification of the decision to cancel registration at the 2— ..................................... employment centers is made by registered letter, in a simple register, 3— ..................................... presuming the postal notification made on the 3rd working day after 4— ..................................... the dispatch. 5 — The decision to cancel the beneficiary's registration under 5 — The notices and/or notifications referred to in the previous the terms of the previous numbers is issued within a period of 30 numbers sent to the address indicated by the beneficiary take effect consecutive days from the date of knowledge of the fact that even if they are returned, presuming the notice or notification made determines the cancellation. under the terms of the previous number. 6 - (Previous n.º 5.) 6 — The notifications referred to in this article may be made by Article 60 electronic transmission of data that are equivalent, depending on the case, to sending by simple postal service or by registered postal [...] service. 1— ..................................... 7 — Notifications made by electronic transmission of data are considered to have been made when the recipient accesses the a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . electronic mailbox. c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 — In the event of lack of access to the electronic mailbox , a new electronic transmission of data must be carried out, within a 2— ..................................... period of 15 days following the respective knowledge on the part of 3 — Unemployment benefits can only be accumulated with the employment center that has issued the notification, which is income from self-employed work or on behalf of others under the considered to have been carried out. on the 25th day after it was sent, terms provided for in this decree-law or when expressly provided for except in cases where it is proven that the beneficiary has in a legal diploma that provides for active employment measures. communicated the change to the Job Center or that communication has been shown to be impossible. 4— ..................................... 9 - (Previous n.º 3.) Article 63 Article 72 [...] [...] In situations in which the termination of the employment contract 1— ... .... .... .... .... .... .... .... .... .. by agreement was based on the worker's conviction , created by the 2— ... .... .... .... .... .... .... .... .... .. employer, that the company is in one of the situations provided for in 3— ... .... .... .... .... .... .... .... .... .. paragraph 2 of article 10 or that the conditions provided for in 4 — Beneficiaries who, during the period provided for in no. paragraph 4 of the same article and this does not occur, the worker retains the right to Machine Translated by Google Diário da República, 1st series — No. 54 — March 15, 2012 1241 at the job centre, they can register and claim their unemployment Article 82 benefits through a representative. [...] 5 — In the situations provided for in the previous number, the 1— ... .... .... .... .... .... .... .... .... .. representative must prove the disability of the beneficiary through the 2— ... .... .... .... .... .... .... .... .... .. temporary incapacity certificate (CIT) issued by a doctor from the a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . competent services of the National Health Service. b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 — When the illness situation extends beyond the date initially 3— ... .... .... .... .... .... .... .... .... .. foreseen, the beneficiaries must send the respective medical 4 — (Revoked.)» certification to the competent social security service within 5 working days . Article 4 7 — After the end of the period of temporary incapacity for work, Addendum to Decree-Law No. 220/2006, of November 3 beneficiaries must update their registration at the employment center It is added to Decree-Law no. 220/2006, of 3 November, amended in the area of their residence within 5 working days. by Decree-Law no. and by the Decree- 8 — Non-compliance with the deadlines referred to in paragraphs -Law No. 72/2010, of June 18, article 34.º -A, with the following wording: 6 and 7 shall apply the provisions of paragraph 2, with the necessary adaptations. «Article 34-A Article 76 Partial payment of the lump sum of unemployment benefits [...] 1 — The unemployment benefit or the initial unemployment social 1— ..................................... benefit to which the beneficiaries are entitled may be paid partially at a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . once, in cases where the interested parties present a project to create b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . their own job and the eligible expenses do not exceed the value of the single amount. 2— ..................................... 2 — In the situation provided for in the previous number, the a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . unemployment benefits corresponding to the remainder of the b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . concession period that was not paid in one go continue to be paid to 3— ..................................... the beneficiaries , unless they are included in the regime for workers 4— ..................................... on account of employees. third party in which there is room for 5 — The maintenance of the right to social unemployment benefit suspension of their payment.” depends on the beneficiaries renewing, on the social security website or in the social security service of the respective area of residence, proof of the composition of the household and the income during the Article 5 month in which they complete each period of 180 consecutive days in revocation rule which the allowance is awarded. Article 82(4) of Decree-Law No. 220/2006, of 3 November, amended by Decree- 6 — Failure to renew the test provided for in the previous number -Law No. 68/2009, of March 20, by Law No. 5/2010, of May 5, and by determines the suspension of payment of the installment from the Decree-Law No. 72/2010, of June 18. beginning of the month following the month in which the test should have been carried out. Article 6 7 — Failure to renew the test during the month following the safeguard of rights month in which the test should have been carried out determines the cessation of the service. In the first situation of subsidized unemployment, occurring after the 8 - (Previous n.º 5.) date of entry into force of this decree- -law, the beneficiary is guaranteed the period of granting the unemployment Article 80 benefit to which he would be entitled on the day before that date, under the rules then in force. [...] 1 — The periods of payment of unemployment benefit and initial Article 7 unemployment social benefit give rise to the registration of Effects production remunerations by equivalence to the entry of contributions at the value of the reference remuneration that served as the basis for the 1 — The provisions of articles 12, 17, 20, 24, 34, 34-A, 45, 49, 60, calculation of the benefit, which cannot in any if it is more than eight 70, 72. º and 76 of Decree-Law no. 220/2006, of 3 November, in the times the IAS value. wording given by this decree-law, applies to the provisional legal relationships constituted under the previous legislation. 2— ..................................... 3— ..................................... 2 — In the first situation of subsidized unemployment 4— ..................................... occurring after the date of entry into force of this decree- 5— ..................................... law, which benefits from the provisions of article 6, no Machine Translated by Google 1242 Diário da República, 1st series — No. 54 — March 15, 2012 the provisions of paragraph 2 of article 38 of the Decree- 220/2006, of 3 November, regulating in the present decree- -Law No. 220/2006, of 3 November, as amended by the law the matters that, taking into account the specificities present diploma, the period for granting the social of independent professional activity, need to be special unemployment benefit in these cases being equal to half rules vis-à-vis that regime. of the granting period of the initial unemployment benefit to which the beneficiary had right. This is the case, for example, of the provision of a Article 8 longer guarantee period and the impossibility of access to Validity the regime of flexibilization of the age of access to the pension for old age specific to the social protection regime 1 — This decree-law enters into force on the 1st day of for unemployment of employees. the month following its publication, except as provided in Bearing in mind the innovative nature of the protection, a the following number. reassessment of the regime now instituted is foreseen within a 2 — The provisions of paragraph 1 of article 22 of period of two years, with a view to adapting it to the dysfunctions Decree-Law no. 220/2006, of 3 November, as amended that, in the meantime, may be identified and that need correction. by this decree-law, will only take effect from 1 July 2012 . Finally, it is considered that the implementation of the social protection scheme for the unemployment of 3 — The provisions of article 2 of this decree-law are in economically dependent self-employed workers should be force until December 31, 2012. implemented in close articulation with the reinforcement of Seen and approved by the Council of Ministers of 19 January active employment policies, with a view to their rapid insertion 2012. — Pedro Passos Coelho — Luís Filipe Bruno da Costa de into the labor market of those who are economically dependent. workers. Morais Sarmento — Álvaro Santos Pereira — Luís Pedro Russo To this end, the Government considers it essential to da Mota Soares. implement measures aimed at creating jobs and enhancing employability, namely those aimed at promoting the Enacted on March 8, 2012. insertion of the unemployed into the labor market before Public -se. they lose their right to unemployment protection. The President of the Republic, ANÍBAL CAVACO SILVA. The Autonomous Regions' self-government bodies and Countersigned on March 12, 2012. the social partners sitting on the Standing Committee for The Prime Minister, Pedro Passos Coelho. Social Dialogue were heard. So: In the development of the legal regime established by Law Decree-Law No. 65/2012 no. 4/2007, of 16 January, and under the terms of paragraphs from March 15th a) and c) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: Through this decree-law, the Government institutes a legal regime of protection in the event of unemployment, Article 1 of a contributory nature, which has as its personal scope self- employed workers who provide services to a Object contracting entity on which they depend economically. This decree-law establishes, within the scope of the The objective is to extend unemployment protection to social security system, the legal regime of social protection these self-employed workers , also fulfilling the commitment assumed by the Portuguese Government in the agreement in the event of unemployment of workers who are included on the constraints of economic policy (MoU). in the regime of self- employed workers and who provide services mainly to a contracting entity. The concept of economic dependence adopted is the one underlying the concept of contracting entity provided for in article 140 of the Code of Contribution Schemes , Article 2 approved by Law no. 110/2009, of 16 September. Characterization of the eventuality Therefore, this decree-law covers self- employed workers who, in the same calendar year, obtain from the 1 — For the purposes of this decree-law, any situation same company, be it a legal person or a natural person arising from the involuntary termination of the contract for with business activity, regardless of their nature and the the provision of services with the contracting entity of the purposes they pursue, 80 % or more of the total annual self-employed, economically dependent, with the capacity value of the income obtained in the independent activity. and availability for work and registered for employment in the of job. With a view to ensuring the financial sustainability of 2 — Contracting entities are those defined the measure, it was decided to finance social protection as such in article 140 of the Code of Contributive Regimes. for the unemployment of these workers through contributions paid by companies, resulting from the 5% contribution rate due in their capacity as contracting entities. Article 3 Taking into account the risks that are always associated personal scope with the implementation of an innovative social protection measure, as is the case, it was decided that the legal 1 — Beneficiaries included in the workers' regime are regime to be instituted should have as a subsidiary the regime part of the personal scope of this decree -law