directorate general for administration and public employment

registration and publication

Public employees’ committees are formed and acquire legal personality when the respective statutes are registered at the Directorate General for Administration and Public Employment (DGAEP).

For that purpose, the electoral commissions shall require, within 15 days calculated as from the date of the counting, the public employees’ committee formation registration, passage of statutes or of its changes and election of the public employees’ committees and of public employees’ sub-committees members.

The Directorate General for Administration and Public Employment (DGAEP) carries out the respective registration that stands dependent upon exclusively the meeting of formal requirements (the investigatory stage of the request processing with the documents legally demanded) and promotes statutes publication in the Labour and Employment Bulletin.

Public employees’ committees may only begin their activity after the corresponding formation and statutes publication.

Note that law requires statutes to compulsorily rule on the following matters:


Statutes compulsory content

Election Committees

Composition
Election
Mandate term
Operating rules  (set the constitutive quorum – number of members that have to attend – and deliberative quorum – number of votes required to consider the election committee’s deliberations valid)

Public employees’ Committees

 Members

Number of members (depends on the public employees’ number working for the public employer)
Mandate term  - shall not exceed 4 years
Election rules (adding to those set by law)
Vacancies filling forms

Committee

Committee’s way of work (set the constitutive quorum  - number of members that have to attend - and deliberative quorum  - number of votes required to consider the election committee’s deliberations valid)
Committees’ binding forms
Committees activities financing forms – may not, in any case, be ensured by an entity not related to the public employer’s employees universe
When applicable, committees’ coordination with the public employees’ sub-committees or steering committee
Assets destination in the case of the committee’s termination (may not be distributed to the public employer’s employees)


In the case of a public employees’ committee formation and passage of the respective statutes or of its changes DGAEP carries out an appraisal on the legality of the statutes rules, i. e. of the compliance of its content with the law. When the statutes include provisions that are contrary to the law, DGAEP shall notify the interested parties to make the necessary amendments within a 180 days’ time frame.

The DGAEP is also responsible for forwarding to the Public Prosecutor’s Office of the headquarters of the respective body or service area the informed appraisal on the legality of the public employees’ committee formation and passage of the respective statutes or of its changes. It falls upon the Public Prosecutor’s Office to carry out, if so decided, an action for declaration of nullity of the statutes rules.