appointment on a substitution regime basis
Management positions may be fulfilled on a substitution regime basis in cases of absence or impediment of the respective holder when these constraints are expected to last for more than 60 days or when such post is vacant.
In an appointment on a substitution regime basis, all legal requirements demanded for the appointment of the post must be met with the exception for the open recruitment procedure by its exceptional and temporary nature.
The substitution terminates on the date on which the holder resumes his/her functions or after 90 days have been elapsed as from the date of the post becomes vacant - except if an appointment procedure for a new holder of said position is in the process of being carried out. The substitution may also be terminated, at any time, by decision of the competent entity, or at the request of the substitute, as soon as so has been approved.
The substitution of top management positions holders also terminates if, within 45 days after the selection commission has presented an appointment proposal for the three selected applicants, the Government member with management and supervision powers over the service or body for which the recruitment procedure was held has not appointed anyone. This deadline is suspended on the date of calling elections for the Parliament or the Government’s resignation, being resumed by the time the new Government takes office.
The substitution period is taken into consideration for all legal purposes, as length of service performed in the previously filled position, as well as in the position of origin.