The experimental period corresponds to the commencement of fulfilment of functions of the public employee, in the forms of employment contract in public functions and appointment, and is intended to prove if the public employee has the competences required for the work post, which he/she will fill. The experimental period comprises the training actions attended by the public employee, provided that they do not exceed half of the term of such period
The experimental period has two forms:
- Experimental period of the employment relationship, that corresponds to the commencement of the public employment relationship;
- Experimental period of function, that corresponds to the commencement of fulfilment of a new function in a different work post, by a public employee who is already holder of a public employment relationship for an indefinite period of time.
In the employment contract in public functions the experimental period has the following term:
|Public employment relationship
|Term GLLPF1 (days)
|Term CLA2 1/2009
|Employment contract in public functions for an indefinite period of time
Auxiliary staff or other careers/categories of identical functional complexity degree
|Administrative staff or other careers/categories of identical functional complexity degree
|Professional or other careers or categories of identical functional complexity degree
|Public employment relationship
|Employment contract Term
|Term GLLPF (days)
|Employment contract in public functions for a fixed term
|Equal or higher than 6 months
|Less than 6 months
|Employment contract in public functions for an unfixed term
If term is predicted to be higher than 6 months
|If term predicted to be equal or less than 6 months
GLLPF1 – General Labour Law in Public Functions
CLA2 – Collective Labour Agreement No 1/2009
The experimental period shall not be excluded by collective labour regulation instrument but its term may be reduced as set out in the Collective Labour Agreement No 1/2009, which reduces the experimental period term for the general regime careers of administrative staff and professionals.
In the absence of special law to the contrary, the experimental period in the permanent appointment has one year term. The rules set out for the employment contract for a fixed or unfixed term apply to functions performed under appointment relationship on a temporary basis.
The experimental period is deemed successfully completed when the public employee has achieved an appraisal not lower than 14 or 12 scores, according to it deals with or not, respectively, of career or category of degree 3 of functional complexity (ex: professionals).
Once the experimental period has been unsuccessfully completed, the employment relationship terminates automatically without the right to any indemnity or compensation of any kind whatsoever. In this case, the public employee returns to the juridical-functional situation previously held.
By justified act of the competent entity, the experimental period may be terminated before the respective term, when the public employee manifestly shows not to have the competences required for the work post that he/she fills. During the experimental period, the public employee may also terminate the contract without prior notice or having to invoke just cause, having no right to compensation.