MOBILITY – SCHEME

» Formalities

Mobility is carried out:

» By agreement between the services of origin and of destination, by way of acceptance of the public employee

» By agreement between the services of origin and of destination, with exemption from acceptance of the public employee

» By decision of the service of destination, with exemption from agreement of the service of origin, by way of order of the Government member, in mobility situations between services of the ministry supervised by him/her, and with acceptance or exemption from acceptance of the public employee, under the terms of the law

» By decision of the service, in the case of mobility between organic units, and with acceptance or exemption from acceptance of the public employee, under the terms of the law

Situations where the public employees’s agreement is compulsory:

» When the mobility is carried out for a lower category of the same career or for career of grade of lower functional complexity in relation to that where he/she is integrated or to the category of which is holder

» When it occurs to a service with no maximum term applied to mobility situations, with the exception of a public employee under a requalification situation

Situations not requiring the public employees’s agreement

» The public employee’s agreement is exempted for the mobility when the workplace is situated up to 60 km^*, inclusive, of the place of residence and provided that one of the following situations is verified:

- The new work post is situated in the public employee’s district of residence or in a neighbouring district

- The new work post is situated in a district integrated in the Lisbon metropolitan area or in the Oporto metropolitan area or in a neighbouring district, when the public employee’s residence is situated in one of those areas

^* When mobility covers public employees belonging to the category of 1 or 2 degree of complexity, the distance from the residence place to the new workplace is reduced to 30 Km

» Public employees may, within the time limit of 10 days, calculated as from the communication on the decision of mobility, request exemption from the same, with basis on serious damage for his/her personal life, namely through the proof of the inexistence of a collective public transport service network between the residence and the workplace, or excessive duration of the travel

» The member of the Government in charge of finance and public administration defines, by order, the terms and conditions in which may be compensated the additional charges with travels in which the public employee incurs for the use of collective public transport

» Situations when the origin service agreement is not required in the scope of direct and indirect State administration:

» When mobility occurs for services or organic units placed outside the Lisbon and Oporto metropolitan areas

» When six months have elapse on the origin service refusal of agreement, regarding the same public employee, even if it was for another destiny service

» Term

Internal mobility has as maximum term of 18 months, except when dealing with a service, in particular temporary that may not form public employment relationships for an indetermined period of time

There is the possibility to extend the maximum term for another maximum period of six months when a open competition procedure is running, that targets the recruitment of a public employee for the work post filled under the mobility regime

» Impediments

During the time limit of one year, a mobility situation for the same body, service or organic unit of the public employee who has been under mobility and has returned to the juridical-functional situation of origin, may not occur

The public employee shall not benefit again from the exemption of agreement of the service of origin, in the three subsequent years after a mobility situation carried out due to the elapse of six months as to the refusal of agreement of the same service, in a mobility situation related to the same public employee, even though for other service of destination

» Consolidation

» The mobility in the category and in the same activity, within the same service, is definitively consolidated by decision of the respective top manager, with or without the public employee’s agreement, according to the formation of the mobility situation has or not needed of the public employee’s acceptance

» The mobility in the category and in different activity, within the same service, is definitively consolidated by agreement between the top manager of the service and the public employee

» The mobility in the category that is carried out between two services may be definitively consolidated, by decision of the top manager of the service of destination, provided that cumulatively the following conditions are met:

- With the agreement of the service of origin of the public employee, when requested for the formation of the mobility situation

- When the mobility has had, at least, the term of six months or the term of the experimental period demanded for the category, where the latter is longer

- With the public employee’s agreement, when this one has been requested for the formation of the mobility situation or when this one involves change of activity of origin

- When a work post is filled previously provided for in the workforce list

» The mobility consolidation is not preceded or followed by any experimental period

» In the case of mobility consolidation in the category the pay step held in the juridical-functional situation of origin is maintained

» Compensation

Compensation is paid by the service of destination, except if there is an agreement in place between the origin and destination services stating otherwise

» Change of the pay step

Public employees under mobility change their pay step in the service of origin

The service of origin considers relevant appraisals including those granted in the service of destination

» Performance bonuses

Public employees under mobility are rewarded in the service where they have fulfilled functions in the calendar year to which the performance bonus refers to

Compensation to consider corresponds to the pay step held in the category or position in which the activity was performed and the public employee was appraised

» Performance appraisal and seniority

Performance appraisal and seniority impact on the public employee’s origin situation

Performance appraisal and seniority may also impact on the public employment relationship for an indeterminde period of time that may be formed following the mobility situation