PUBLIC EMPLOYEES REQUALIFICATION
RESUMPTION OF FUNCTIONS

» Scope

It is an instrument allowing for the return to activity of staff on a requalification situation. The resemption may take place on a transitional basis or for an indefinite period of time

It may occur in:

» Bodies or services covered by the scope of application of the LTFP (General Labour Law in Public Functions)

» Legal Bodies of a Institutional nature (eg. Public Institutes), Public Enterprises and IPSS (Private institutions of social solidarity)

» Resumption of functions in bodies or services covered by the scope of application of the LTFP

» No one of the bodies or services of direct and indirect State administration and, with due adaptations, services of the autonomous local and regional administration may initiate a procedure for the contracting of service delivery or recruit a public employee for an indefinite period of time or, on a transitional basis, that is not integrated in the workforce list for which the recruitment is carried out, before the previous procedure of recruitment of public employees under requalification situation for the functions or work posts in question being carried out

Resumption of functions, on a transitional basis suspends the requalification process. Resumption of functions in any service for an indefinite period of time terminates the requalification process

» Resemption of functions may also take place by way of common competition procedures, open by the services, showing the following particularities:

- Public employees under requalification are compulsory challenging candidates

- Preference for the filling of the work post is granted to them when successful in the competition procedure

- Priority shall be given to them in the pay step negociation

» Resemption of functions may also occur by way of mobility, for which the previous recruitment procedure is waived, unless the recruiting service manager so decides it

Mobility in the category may be consolidated after 6 months or after elapsing the experimental period, when the latter is longer. The public employee’s agreement is not needed and if the work post is not foreseen in the service’s establishment plan it may be automatically predicted where necessary for the consolidation

» Resumption of functions in other legal entities of public law and private social solidarity institutions

The public employees under requalification situation may resume functions in public corporations and regional, inter-municipal and municipal corporate sectors, independent administrative entities, regulatory entities, public associations, public foundations of public and private law, other legal entities of autonomous administration and other public entities by way of temporary transfer due to public interest

The transfer agreement takes place as per the general terms – agreement between employer and managing entity of the requalification system with the public employee’s agreement – not requiring intervention of the Government member in charge of public administration area

Resumption of functions in private social solidarity institutions is subject to conclusion of protocol for the purpose with the managing entity of the requalification system