TEMPORARY TRANSFER DUE TO PUBLIC INTEREST

» Concept

It is applied when a public employee of a public employer entity covered by the scope of application of the General Labour Law in Public Functions (LTFP) is to perform subordinated activity in a employer entity excluded from the LTFP scope of application, and conversely, when a public employee of one of those entities fulfils subordinated activity in a public employer

» Formalities

The temporary transfer due to public interest requires:

» Authorization of the member of the Government who fulfils management or supervision powers over the public employer

» Authorization of the members of the Government in charge of finance and public administration areas in the case of dealing with a public employee with employment relationship to an employer outside the scope of application of the General Labour Law in Public Functions (LTFP)

» Authorization of the public employee

» Bisides the temporary transfer agreement, when the recipient’s entity is a public employer the transfer shall presuppose the formation of a public employment relationship and the functions to be fulfilled shall correspond to a position or to a career/category. When the functions correspond to a management position, the transferee agreement shall be preceded by the observance of the recruitment legal requirements and procedures

» Regime

The temporary transfer due to public interest shall determine the suspension of the respective employment relationship, save where otherwise provided by legal provision. The public employee temporarily transferred shall be subject to the juridical system applicable to the recipient’s employer and to provisions set out in article 242 of the General Labour Law in Public Functions (LTFP), save when there has not been suspension of the employment relationship, case in which the situation shall be regulated by the juridical system of origin, including in relation to compensation

In the case of suspension of the employment relationship, the termination of the agreement of temporary transfer due to public interest produces the effects of the suspension for prolonged impediment provided for in the LTFP or in the Labour Code, as the case may be

The transferred public employee is entitled

» Compensation corresponding to the functions fullfiled paid by the recipient’s employer, unless otherwised agreed

» The calculation, in the category of origin, of length of service performed under a temporary transfer due to public interest system

» Opt for the maintenance of the social protection system of origin, falling the deductions on the amount of compensation that would be incumbent upon him/her in the category of origin

» Fill, under the legal terms, different work post in the service or in the entity of origin or in other service

» Time limit

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

Maximum duration

» The temporary transfer has not a maximum duration time limit in case of mobility of public employees to employer entities outside the scope of application of the General Labour Law in Public Functions (LTFP)

» The temporary transfer has a maximum term of one year in case of mobility of public employees to public employer’s entities, except if:

- It deals with temporary services that may not form public employment relationships for an indefinite period of time

- The functions to perform correspond to a management position

» Consolidation

Public employees holders of a public employment relationship for an indefinite period of time, previously established when transfered to a public employer entity, may consolidate the temporary transfer in the same career and category if the remaining mobility consolidation requirements are met. Furthermore, it requires an order stating the agreement of the Government member responsible for the corresponding area, as well as, the previous favourable opinion of the Government membes responsible for the finance and Public Administration areas