PUBLIC EMPLOYEES UNDER REQUALIFICATION SITUATION

» Concept

Juridical-functional situation in which public employees can be placed that, as a result of the services reorganisation processes and workforce streamlining, are not necessary to the development of activity of those services

» Procedures generating public employees requalification situations

» Extinction of services

» Merger of services

» Restructuring of services

» Restructuring of services with transfer of attributions

» Workforce streamlining

» Scope of application of procedures of reorganisation of services

Corresponds to the application scope of the General Labour Law in Public Functions (LTFP), with the exception of the public employees referred to in paragraph 2 of article 2

» Public employees on a mobility situation in services object of a reorganization procedure

Public employees under a mobility instrument are included in the workforce existing in the service where they are fulfilling transitory functions whenever the latter shall be object of a services reorganization procedure, irrespective of the procedure under way. At the end of the procedure or of the mobility situation there will be different solutions according to the type of procedure

» Formalism

The placement under a requalification situation is made by a list of names with indication of the employment relationship, career, category, index or pay step and pay level held by public employees

The list is passed by order of the top manager responsible for the reorganization procedure, to be published in the 2nd Series of the Official Gazette

The nominative list takes effects on the following day of the publication, with the following exceptions:

» In case of extinction by merger on the date in which the remaining public employees were re-assigned to the integrating service

» In case of extinction on the date of completion of the proceedings

» Placement on a requalification situation has no predictable duration for:

» Public employees under an appointment scheme

» Public employees with lifetime appointment who, on 01.01.2009, transited to the employment contract in public functions (CTFP)

» • Public employees under a training course (extraordinary limited executive tenure/employment contract governed by public law) or under experimental period (limited executive tenure/provisional appointment) who, on 01.01.2009, converted that form of attachment/link for the suitable form of formation of the public employment legal relationship – appointment or CTFP under experimental period

» Placement on a requalification situation has a maximum term of 1 year for:

» Public employees under an individual employment contract scheme for an indefinite period of time who, on 01.01.2009, transited to the employment contract in public functions CTFP

» Contracted public employees under CTFP for an indefinite period of time

The employment contract in public functions terminates following a services reorganization procedure or of workforce streamlining, if, after the lapse of the first phase of the requalification procedure, the public employee has not resumed functions in a service. The managing entity of the requalification system shall notify the public employee on the declaration of the inexistence of other work posts compatible with his/her category or professional qualification

The employment contract terminates within the time limit of 30 days, as from the notification, having the public employee the right to a pay calculated on the basis of the basic compensation of the public employee earned before the reduction imposed by the requalification situation in which he/she was, under the terms of the Labour Code. Such pay shall be ensured by the Secretariat General of the Ministry of Finance when it deals with public employees from direct and indirect state administration services