RIGHTS, GUARANTEES AND DUTIES OF THE APPRAISED PUBLIC EMPLOYEES

» Appraisal and setting of objectives

To be aware of objectives, foundations, content and functioning of the appraisal system

To request to his/her appraising officer/line manager the scheduling of a meeting for appraisal and contracting of objectives. In case of the appraising officer/line manager does not agree with such request the public employee may request the same to the top manager of the service

Accede to the means and conditions necessary to his/her performance in accordance with the objectives set

» Establishment of guidelines

To request to the top manager that his/her process is appraised by the joint council, by submitting the respective justification

» Appraisal by the Joint Council

To request to the service’s top manager that his/her case be appraised by the Joint Council, submitting the corresponding justification

» Complaint of the appraisal granted

To complain to the top manager, within the time limit of five working days, calculated as from the date of awareness of the confirmation, along with the necessary grounds

The complaint is not compulsory for appeal purposes

» Hierarchical appeal

To have recourse to hierarchical or supervisory appeal of the decision on the complaint or of the confirmation of the appraisal to the member of the Government who supervises the service where the public employee fulfils his/her functions accompanied with the respective justification

It deals with of an optional appeal

The time limit for lodging an appeal is of 3 months

» Contentious appeal

To have recourse legally, under the general terms of the law, to administrative courts:

» as to the confirmation act of the performance appraisal (*)

» as to the decision concerning the complaint of the confirmation act (*)

» as to the decision on the hierarchical appeal

Notes

(*) Both acts are delivered by the top manager of the service

If the public employee has opted for the hierarchical or supervisory appeal, may only appeal against this decision if still elapses the time limit to lodge a contentious appeal that is, as a rule, of 3 months after taking notice of the administrative act of which is the subject of appeal

» Revision

To be reviewed his/her appraisal by administrative or jurisdictional decision

» New appraisal

To be granted a new appraisal by way of administrative or jurisdictional decision

Duties of the appraised public employees

» Making self-appraisal

» Negotiating with the appraising officer/line manager as to the setting of objectives and competences

» Signing the appraisal form during the contracting or setting of objectives and competences

» Being aware of the proposal for appraisal and its confirmation