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Legal Issues
Help with some questions
A ASPAS, para poder auxiliar os seus sócios associados e alertar o público, deixa algumas queIn order to assist its members and alert the public, ASPAS has some questions that may help in the exercise of its role as a consultant and trainer.
We would like to remind you that we are not a legal authority, but rather an association where we provide clarifications in order to assist and enforce our Code of Ethics and Professional Conduct.stões que poderão ajudar no exercício da sua função como consultor e formador.
Relembramos que não somos autoridade jurídica, apenas associação onde prestamos esclarecimentos de forma auxiliar e fazer cumprir nosso Código de Ética e Deontologia Profissional.
Anyone who holds a certificate of pedagogical skills may work as a trainer (Order No. 214/2011 of 30 May). Schools certified by DGERT must always hire trainers with the CAP, and a professional training certificate must be issued upon successful completion of a training course, under the terms of Order No. 474/2010 of 8 July.
Of course it is a profession – item 13.16 of the table attached to the IRS code.
The Portuguese classification of professions includes code 5161.1 as Astrologer.
There is no CAE. It is like lawyers (the CAE in these cases is only for legal entities that carry out activities, for example companies).
As an independent professional, a self-employed professional is required to issue a green receipt – see binding information of July 23, 2012 in the Finance Portal – tax information – binding information – irs
As any self-employed professional, you are required to submit an annual IRS declaration and pay the due tax, under the same conditions as any other. If you do not submit the declaration, while still carrying out the activity, you are a defaulting taxpayer, who may be accused of tax evasion.
The issuance of a receipt is mandatory, as for any other professional, therefore failure to issue one will result in a fine as stipulated in the RGIT – article 123.
Despite being a free profession, not being linked to a degree, we encourage all trainers to have their courses certified by DGERT, which has been approved by the EU since January 2017.
With the certification system of DGERT – Directorate General for Employment and Labour Relations, you can certify your entity in the area of training. The certification of training entities is enshrined in the Council of Ministers Resolution No. 173/2007, of 7 November, which approves the Vocational Training Reform, and in Decree-Law No. 396/2007, of 31 December, which establishes the National Qualifications System. Executive Order No. 851/2010 of 6 September, amended and republished by Executive Order No. 208/2013 of 26 June, regulates the certification system included in the quality policy of training entities' services, managed by the Directorate-General for Employment and Labour Relations, and the supplementary certification regime regulated by sectoral legislation, managed by various sectoral entities.
Certified Astrology Area 999.
We would like to warn you to request the certificate issued by the respective entity, if the abovementioned situations occur.
Anyone who holds a certificate of pedagogical skills may work as a trainer (Order No. 214/2011 of 30 May). Schools certified by DGERT must always hire trainers with the CAP, and a professional training certificate must be issued upon successful completion of a training course, under the terms of Order No. 474/2010 of 8 July.
A trainer with a CAP can perfectly well provide training on their own, but without accreditation, i.e., the diplomas will be merely certificates of attendance.
In other words, the issue here is that if the trainer is going to provide training on their own behalf, but without any certified entity, they must inform the trainees that the training itself is a form of learning. In the end, they will not have any diploma that qualifies them to provide that training, which for some people is enough, because they just want to learn more about a certain area.
Regarding the protection of the student, if the person/trainer does not provide the student with the clarifications in this way, the student may react in general terms of civil liability, i.e., basically claim compensation from the trainer for having misled the student, for having led them to believe that with that training they would be able to obtain a certificate of qualification, but in practice they only have a certificate of attendance. Of course, in practice, all this will have to be done with the help of evidence and each case will be different.
To whomever you ask for help, we can basically provide this type of clarification. In the event that a student is deceived by a trainer without a CAP and/or a certified school, a complaint must be filed with either the IEFP – Institute of Employment and Professional Training – or the DGERT and, if the student intends to go through the legal route, the issue of civil liability will also apply.
In the Electronic Official Gazette, it is provided in paragraph 6, article 7, that the successful completion of a certified training action not included in the National Qualifications Catalogue is proven by training certification. The trainer is required to have a CAP, current CCP, failure to do so will be punishable by law.
Through DGERT and ACSS and consult the legislation of 2013 law 71, Ordinance no. 172 B, C, D, E, F, I 2015 and find out what has changed in the amendment to the national qualifications system, in Decree Law no. 14/2017 which amends Decree Law no. 396/2007 of 31 December which regulates the SNQ.
Advertising has become increasingly important and has a significant reach these days. Consult Decree Law 330/90 and find out what you can and cannot advertise.
Through Regulation (EU) 2016/6579 of the European Parliament and of the Council of 27 April 2016 (on the protection of natural persons with regard to the processing of personal data). New rules will be issued in May 2018.
As a professional, you must have:
• Registration with the Tax Authorities and Social Security;
• Personal Accident Insurance;
• Diplomas and/or, if applicable, a Professional Certificate;
• Complaints Book available online since 1 July 2017;
• Compliance with the Code of Ethics;
• Compliance with Decree No. 330/90 regarding Decent Advertising.
To all interested parties, please inform yourself from the competent bodies about your rights and duties, both in terms of training and consultancy.



