rights and duties
The public employer and the public employee, in the compliance with the respective obligations, as well as in the fulfilment of the corresponding rights, shall act with good faith. They shall also collaborate with a view to obtaining service quality and productivity, as well as human, professional and social promotion of the public employee.
Without prejudice to other obligations, the General Labour Law in Public Functions sets out the following employers’ duties:
- Respect and treat with cordiality, courtesy, good manners and probity the public employee;
- Timely pay the compensation, that shall be fair and appropriate to the work;
- Provide good working conditions, from a physical and moral perspective;
- Contribute to increasing the productivity level of the public employee, namely providing vocational training;
- Abide by the technical autonomy of the public employee who fulfils activities whose regulation or professional ethics so requires it;
- Enable the performance of positions in representative public employees ‘organizations;
- Prevent risks and occupational diseases, taking into account the protection of public employee’s safety and health, and shall compensate him/her for damage resulting from accidents at work;
- Take, in relation to the safety and health at work, the measures arising, for the body, service or activity from the application of legal and conventional requirements in force;
- Provide the public employee with information and training appropriate to the risk prevention of accident and disease;
- Keep permanently updated the record of the staff in each one of the bodies or services, with indication of names, birth and admission dates, forms of employment relationship, categories, promotions, and compensations, dates of commencement and term of the holidays and absences that shall entail loss of compensation or reduction of the days of holidays.
In addition the public employer shall also provide the public employee with vocational training actions appropriate to his/her qualification, pursuant to special legislation.
The public employer is forbidden to:
- Be opposed, in any way, to the public employee exercise his/her rights, as well as a to take disciplinary penalties or treat him/her unfavourably by virtue of such exercise;
- Prevent, unjustifiably, the performance of actual and effective work;
- Exercise pressure on the public employee so that may influence unfavourably in his/her own working conditions or of the colleagues;
- Reduce the compensation, save in cases provided for in the law;
- Downgrade the public employee’s category, save in cases provided for in the law;
- Subject the public employee to mobility, save in cases provided for in the law;
- Transfer public employees from the own workforce list for third parties that over those public employees fulfil authority and management powers specific of the public employer or for a person for him/her indicated, save in cases specially provided for;
- Oblige the public employee to acquire goods or to use services delivered by the public employer or by a person by him/her indicated;
- Exploit, for financial gain, any canteens, cafeterias, office supplies services and facilities or other establishments directly related to the work, for supply of goods or delivery of services to public employees;
- Terminate the employment relationship and readmit the public employee, even with his/her agreement with the aim of harming him/her as to rights or guarantees resulting from seniority.
It is incumbent upon the public employer, within the limits resulting from the public employment relationship and the rules governing it, to set the terms in which the work shall be performed. Thus, draws up internal regulations of the body or service containing rules concerning work organization and discipline. For this purpose the public employees’ committee is heard or, in its absence, when there are, the trade union commission or inter-trade union or trade union representatives.
Furthermore, the public employer has disciplinary power over the public employee at his/her service, while the public employment relationship lasts.
In its turn, public employees are subject to general and special duties. General duties apply to all public employees and special duties apply to certain categories, careers and professional groups
The general duties of public employees are as follows:
- Duty of pursuit for the public interest;
- Duty of neutrality;
- Duty of impartiality;
- Duty of information;
- Duty of care;
- Duty of obedience;
- Duty of loyalty;
- Duty of correctness;
- Duty of assiduity;
- Duty of timeliness.
Attendance to training and further training actions is, simultaneously, a public employee’s right and duty.