FIXED OR UNFIXED TEMPORARY EMPLOYMENT CONTRACT IN PUBLIC FUNCTIONS

» Legislation applicable

The fixed or unfixed temporary employment contract in public functions is subject to the General Labour Law in Public Functions and alternatively, to the norms of the Labour Code applicable to fixed or unfixed employment contracts in which, it is not incompatible with the former ones

» Relations with collective labour regulation instruments

The legal system applicable to the fixed or unfixed temporary employment contract shall not be excluded by a collective labour regulation instrument

» Legal grounds for the conclusion of a fixed temporary employment contract in public functions

The fixed temporary employment contract in public functions may only be concluded in duly justified cases

» Legal grounds for the conclusion of an unfixed temporary employment contract in public functions

The unfixed temporary employment contract in public functions may only be concluded in situations provided for in subparagraphs a) to d) and f) to k) of paragraph 1 of article 57 of the General Labour Law in Public Functions; that is to say, unfixed temporary employment contract in public functions shall not be concluded when the reason for the conclusion of the contract is to ensure urgent needs of public employers

» Notes

- It is deemed absent a public employee under mobility, limited executive tenure or under experimental period in other service

- A fixed or unfixed temporary employment contract in public functions shall not be concluded to replace a public employee under a requalification situation

» Form

See EMPLOYMENT CONTRACT IN PUBLIC FUNCTIONS

The contract shall indicate the reason for the contract term and the respective termination date, if this one is a fixed temporary employment contract

» Experimental period

See EXPERIMENTAL PERIOD

» Successive contracts

The termination of the fixed or unfixed temporary employment contract for reasons not imputable to the public employee prevents this one from concluding a new contract without a period of one third of duration of such contract has been elapsed, including renewals, save in cases of new absence of the public employee replaced and exceptional increases of activity in the service after the termination of the contract

» Duration

The fixed or unfixed temporary employment contract lasts by the period agreed upon, which shall not exceed three years nor renewed more than twice; the unfixed temporary employment contract lasts the period required to replace the public employee or to complete the task that has justified its conclusion

» Renewal

The fixed temporary employment contract is subject to a written form and is not automatically renewed, being considered a single contract that which is the object of renewal

» Term of the contract

The fixed temporary employment contract expires at the end of the time limit provided that the employer or the public employee (whose willingness is presumed) do not inform in writing the wish to renew it

» Preference in the admission

The public employee contracted, on a term basis, who, in the course of the contract or up to 90 days after its term, applies for an open competition procedure for an identical work post for formation of an employment relationship for an indefinite period of time has preference, in case of equality, in the final ordering list of candidates

» Equality of rights

The contracted public employee, on a term basis, enjoys the same rights and shall be subject to the same duties of a public employee with employment relationship for an indefinite period of time under a comparable situation, exception made to the differentiation for objective reasons