service delivery contract

Service delivery contract is that under which one of the parties undertakes the provision of a certain intellectual or manual labour output, with or without compensation to the other party.

The service delivery contract for the fulfilment of public functions is concluded for the service delivery in a public service without subjection to the respective discipline and management, nor work schedule and may take the following forms:

• Task contract, the purpose of which is the performance of specific works, of an exceptional nature, such contracts shall not exceed the end of the contractual term initially established;
• Successive service delivery contract, the purpose of which is the performance of continued delivery of liberal profession services, with monthly fixed pay; said contracts may terminate at any time by any of the parties concerned, with 60 day prior notice and without obligation to compensate.

The conclusion of service delivery contracts may only take place when the following cumulatively requirements are met:

• If it deals with performance of non-subordinate work, for which it is shown inappropriate the recourse to any public employment relationship type;
• The legal public procurement system is observed;
• The regularity of the tax and social security situations is proven by the service provider.

Service delivery contracts for the fulfilment of public functions, in which there is legal subordination, are deemed null and void and shall not give rise to the formation of a public employment relationship.

The service delivery contracts’ conclusion or renewal shall depend upon prior biding favourable opinion of the Government members in charge of finance and public administration areas.