temporary transfer of public employees due to public interest
The temporary transfer of public employee due to public interest is a public employment relationship amending vicissitude, applicable when an employee of a public employer covered by the application scope of the General Labour Law in Public Functions (GLLPF) is made available to perform his/her subordinate activity in an employer outside the GLLPF scope of application and vice versa.
An agreement between the transfer or employer and the recipients’ employer, with the express authorization of the employee, establishes the temporary transfer. Such agreement requires:
- Authorization of the Government member who fulfils management or supervision powers over the public employer in the case of a temporary transfer to an employer outside the GLLPF application scope of an employee with a public employment relationship;
- Authorization of the members of the Government in charge of finance and public administration areas in the case of a temporary transfer to a public employer of an employee with employment relationship to an employer outside the GLLPF application scope;
- In addition to the agreement, the fulfilment of functions in a public employer shall presuppose the formation of a public employment relationship;
- The agreement of temporary transfer due to public interest of a public employee to an employer outside the GLLPF application scope has no maximum term. On the other hand, the agreement of temporary transfer due to public interest for the fulfilment of functions within the scope of a public employer has a maximum term of one year, except when:
- It has been concluded for the performance of a position;
- The public employer in question may not form public employment legal relationships for an indefinite period of time.
The temporary transfer due to public interest situation may be consolidated whenever a public employee holder of a public employment relationship for an indefinite period of time previously established is in question and the recipient’s entity corresponds to a public employer. Such consolidation is carried out in the same career and category previously held by the employee.
The referred to consolidation needs an agreement order from the member of the Government competent in the respective area, as well as of favourable previous opinion from the members of the Government in charge of finance and public administration.
The agreement of temporary transfer due to public interest may terminate at any time, at the initiative of any of the parties including the public employee, with 30 days prior notice.