directorate general for administration and public employment

temporary transfer of public employees due to public interest

There may be the conclusion of agreements of temporary transfer of public employees due to public interest for the fulfillment of functions in a trade union structure, as well as in an employer’s confederation or private entity with equivalent representativeness in the economic and social sectors.

The temporary transfer of public employees due to public interest follows, as a rule, the regime provided for in the General Labour Law in Public Functions.

In the specific case of public employees who are members of a federation, union or trade union confederation board as well as in the case of public employees who shall fulfill functions in a central trade union, employer’s confederation or private entity with equivalent representativeness in the economic and social sectors, the temporary transfer of public employees due to public interest presents some regime specificities that are related to the proportionality and limits rules of temporary transferred public employees legally stipulated. 

Temporary transfer of public employees due to public interest agreements

Temporary transfer of public employees due to public interest for federation, union and trade union confederation board members

  • The temporary transfer of public employees due to public interest agreement is concluded under the General Labour Law in Public Functions (LTFP);
  • The maximum number of public employees to be covered by this form is set according to principles of representativeness;
  • The agreement of the Government member with steering, supervising or control powers over the public employer is compulsory provided that the executive nature of the position in one of the trade union structures is verified;
  • It is incumbent upon the body or service of origin to pay the compensation of the transferred public employee;
  • The temporary transfer due to public interest agreement has as maximum duration the term of office period applied to board members;
  • The conclusion of the aforementioned agreement shall be compulsorily reported to Directorate General for Administration and Public Employment (DGAEP).

Temporary transfer of public employees due to public interest for the fulfillment of functions in a central trade union, employer’s confederation or private entity with equivalent representativeness in economic and social sectors

  • Specific rules as determined in the General Labour law in Public Functions (LTFP) are applied to this agreement;
  • The maximum number of public employees is of 4 for each central trade union and of 2 for each one of other entities
  • The payment of the public employee’s compensation by the body or service of origin may be agreed upon by the parties having in consideration the legally set maximum limits;
  • There is no requirement as to the maximum duration of the temporary transfer; however, the period of temporary transfer may be set in the agreement.

Temporary transfer due to public interest for the fulfillment of functions in a trade union

  • This agreement is concluded under the general terms for temporary transfer due to public interest;
  • There is no requirement as to the maximum duration of the temporary transfer; however, it may be set in the agreement.