SUBJECT: DISCIPLINARY PROCEDURE

CONVENTIONALAND LEGAL FRAMEWORK: Labor Code

DISTRIBUTION: All Units of structure C/Hierarchical Positions

I – Scope of the regime

1. The Company has disciplinary power over the workers who are under its
service, as long as the employment contracts are in effect.

2. The culpable disregard of professional duties constitutes a disciplinary infraction.

specifically the non-compliance with legal and conventional provisions,
regulations, and the guidelines established in the Company, as well as any
acts detrimental to the discipline inherent to labor relations.

3. The Company may apply, within the limits set forth in I - 4, the following sanctions
disciplinary:

Reprimand;
Recorded reprimand;
Monetary Penalty;
Loss of vacation days;
Suspension of work with loss of remuneration and seniority;
Dismissal without any indemnity or compensation.

4. Proportionality and limits

4.1. The monetary sanctions applied to a worker for infractions committed in

even the same day cannot exceed 1/3 of the daily wage and in each civil year, the
remuneration corresponding to 30 days.

4.2. The loss of vacation days cannot jeopardize the enjoyment of 20 working days of
vacation.

4.3. The suspension of work with loss of compensation cannot exceed for each
offense 30 days and, in each calendar year, a total of 90 days.

4.4. The Company cannot impose more than one sanction for the same infraction.
to discipline.

4.5. The disciplinary sanction must be proportional to the severity of the infraction, its
consequences and the degree of culpability of the offender.
5. The disciplinary infraction prescribes after 1 year from the moment when
it took place, unless the facts also constitute a crime, in which case they are
applicable the prescription deadlines of criminal law.

II – Exercise of the disciplinary procedure

1. The disciplinary procedure must be carried out within 60 days following that in
that the Company or the hierarchical superior with disciplinary authority had
knowledge of the infraction.

2. Disciplinary sanctions - reprimand, recorded reprimand, monetary sanction and

loss of vacation days - cannot be applied without prior hearing of the
worker.

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3. The disciplinary sanctions of suspension from work with loss of pay and of
antiquity and dismissal cannot be applied without prior
disciplinary process.

4. In cases where the facts are not properly characterized and/or do not
the responsibility for them must be established
preliminary inquiry procedure aimed at its investigation.

III - Disciplinary competence

All members of the hierarchy of Café Snack-Bar o Estrela have competences.

to initiate inquiries and disciplinary processes, except for disciplinary processes
with the intention of dismissal and have the authority to impose sanctions
disciplinary actions, except for dismissal.

IV – Preliminary inquiry procedure

1. The preliminary investigation procedures are initiated within a maximum period of 30

days, counted from the suspicion of the existence of irregular behaviors.

2. Upon completion of the prior inquiry procedure, it must be immediately submitted to

entity with the competence to establish it.

3. In the event that the inquiry leads to the initiation of disciplinary proceedings, the notification
the respective notice of charge to the accused must occur within 30 days, counted from
start from the conclusion of the preliminary inquiry procedure.

4. The inquiries are confidential.

5. There will be no order to carry out the preliminary inquiry procedure.

appointed the investigator or the inquiry commission, designated in this case, the
worker who must preside.

6. The order that initiates the preliminary inquiry procedure may establish
a deadline for its completion, which only in exceptional cases,
duly justified, it may be extended.

7. Without prejudice to the provisions of this Normative Guidance, the

preliminary inquiry procedures to be developed in accordance with existing practice
in the Company.

V – Preliminary hearing of the worker

1. The preliminary hearing of the worker for the purpose of applying sanctions of
reprimand, recorded reprimand, monetary sanction and loss of vacation days must
materialize through the following formalities:

a) Written communication of the facts attributed to the defendant.

b) Defense of the worker within 10 business days, indication of elements
proofs that this has and request for the realization of others
diligences.
c) Appreciation and conclusion of the process.
d) Decision.

2. The hierarchical superior with the authority to impose disciplinary sanctions in

the cause may designate a worker to carry out the aforementioned formalities.

VI - Disciplinary Procedure

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1. In cases where any behavior is observed that could be included in the
the concept of just cause for dismissal must involve a procedure
discipline with the intention of dismissal.

2. If any behavior susceptible of being punished with the sanction occurs

the disciplinary suspension from work with loss of remuneration and seniority will be
determined initiation of disciplinary proceedings without the intention of dismissal.

3. In the order that determines the initiation of disciplinary proceedings, it will be

appointed the respective instructor who must be a worker within the hierarchical line
of the accused and with a higher category than himself.
4. Disciplinary procedures with the intention of dismissal are subject to
conditionality and the fulfillment of the following formalities:

a) Written communication to the employee of the Company's intention to proceed with

dismissal, combining a notice of fault with a detailed description of the facts
that are attributed to you.

b) On the same date, a copy of the communication was sent to the Workers' Committee.
of the intention to dismiss and the notice of fault.

• If the worker is a union representative, a copy of both will still be sent.

documents communication and notice of blame - to the respective Trade Union Association.

For this purpose, trade union representatives are considered:

The candidates for the managing bodies of the trade unions.

Workers who perform or have performed functions in the management bodies of
trade unions for less than 5 years.

The workers who perform duties as union delegates or who

hairdresser has been working for less than 5 years.

The notice of guilt must indicate precisely:

The facts attributed to the defendant.
The known circumstances of the manner, time, and place of the facts or
behaviors.

The legal, conventional or regulatory provisions that are the subject of non-compliance.
With the notification of the notice of complaint, the Company can suspend preventively the
worker without loss of remuneration, whenever his presence is deemed necessary
inconvenience.
This suspension can be determined 30 days before the notification of the notice of fault.
since the company, in writing, justifies that, taking into account indications of facts
attributable to the worker, your presence here is inconvenient, namely
for the investigation of such facts, and that it has not yet been possible to prepare the note of
fault.

The worker has 10 working days to consult the process and to respond to the
note of fault, deducing in writing the elements you consider relevant for the
clarification of the facts and of their participation in them, being able to join
documents and request the evidentiary measures that prove to be relevant for the
clarification of the truth.

d) The appointed instructor shall carry out the evidentiary diligences requested in the note
fault, unless considered patently dilatory or irrelevant, must,
In this case, to argue it duly in writing.
It is not mandatory to hear more than 3 witnesses for each fact.
described in the notice of guilt, no more than 10 in total.

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For this purpose, it is the responsibility of the worker/defendant to ensure their appearance.
witnesses.

e) Once the evidentiary proceedings are completed, the process must be presented by copy
integral, to the Workers' Commission and, in the case of the worker being charged
union representative, to the respective Union Association that can, within a period of 5
working days, submit your reasoned opinion to the process.

f) Upon receiving the opinion of the Workers' Committee and the Trade Union Association, if it is
in case of this, or after the established deadline for the respective submission has passed, the instructor
the final report will be prepared, which must include a proposed decision.

g) The process will then be sent, through Human Resources, to the Council of
Administration, for decision.

h) After the deadline set for the opinion of the Workers' Commission or
of
Union Association, if applicable, the Company has 30 days to issue
decision that must be substantiated and documented in writing.

The reasoned decision is communicated, by copy or transcription, to the worker, to

Workers' Commission and, in the case that the accused worker is a representative
union, to the respective Union Association.

5. Disciplinary processes without intention of dismissal, initiated for facts

susceptible to being punished with the penalty of work suspension with loss of
remuneration and seniority are subject to the same formalities as the processes
disciplinary actions with the intention of dismissal, with the following exceptions:

a) Written communication regarding the Company's intention regarding the sanction is omitted.
apply.

b) The sending of the notice of fault to the Workers' Committee and to

Trade Union in cases where it is provided for in the disciplinary process with
intention of dismissal.

c) The presentation of the process, in full copy, to the Commission is waived.

Workers and the Union Association when provided for in the disciplinary process with
intention of dismissal.

d) After the final report is prepared, the process will be sent to the supervisor.
hierarchical with authority to impose the sanction, for decision.

e) The deadline for issuing the decision must be counted from the moment when the
the process is submitted, for this purpose, to the hierarchical superior with competence
to apply the sanction.

f) The communication of the reasoned decision to the Commission is waived.

Workers, and in the case of the accused worker being a union representative,
Corresponding Trade Union Association.

6. In everything that is not contrary to the provisions of this Normative Guidance, the
disciplinary processes must be developed in accordance with existing practices at
Company.

The Management:

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