EXPIRYExpiry causes of the public employment relationship are as follows: - The term verification - The supervening absolute and definitive impossibility of the public employee performing his/her work - the public employee’s retirement for old age or disability, 30 days after being aware of the retirement by both parties - 70 years of age » Verification of the contract’s term Fixed term employment contract The fixed term employment contract expires at the term of the time limit, provided that the public employer entity or the public employee shall not communicate in writing the willingness to renew it, until 30 days before the time limit expires. If the public employer entity communicates the willingness to renew it, the public employee’s agreement shall be presumed, if within the time limit of 7 working days this one shall not show in writing a contrary position The expiry of the contract that shall not result from the willingness of the public employee confers to this one the right to an indemnity, and a distinction must be made: a) The indemnity to be granted to a term contract concluded before the entry into force of the Labour Law in Public Functions b) The indemnity to be granted to a term contract concluded after the entry into force of the Labour Law in Public Functions In the referred to hypothesis in the subparagraph a), under the terms of the article 12, paragraph 2, of the introductory part of the Law no 35/2014, of 20 June, a distinction of two periods must be made: i) Regarding the contract time duration until 31 July 2014 the indemnity due is that one provided for in the Employment Contract in Public Functions Regime 20 days of compensation for each full year of service ii) In relation to the subsequent period, that is to say, to the contract time duration subsequent to 1 August 2014, the indemnity shall be governed by provisions set out in article 293, paragraph 3 of the Labour Law in Public Functions. Therefore, the public employee’s indemnity shall correspond to 18 days of basic salary for each full year of seniority, and: - The value of the basic salary for the purposes of indemnity’s calculation shall not be higher than 20 times the minimum guaranteed compensation - The global amount of the indemnity shall not be higher than 12 times the monthly basic salary of the public employee or, in cases provided for in that article, to 240 times the minimum monthly guaranteed compensation In the hypothesis referred to in subparagraph b), the indemnity shall be calculated under the same terms as referred to in subparagraph ii) Unfixed term employment contract The unfixed term employment contract expires when the occurrence of the unfixed term is provided for and the employer entity so communicates it with 7, 30 or 60 days, in advance for contracts with duration until 6 months, from 6 months to 2 years or more than 2 years, respectively The public employee is entitled to an indemnity and the following should be noted: - For the unfixed term employment contracts concluded before the entry into force of the Labour Law in Public Functions, the regime defined for fixed term employment contracts concluded in the same period is to apply - For the contracts concluded after the entry into force of the Labour Law in Public Functions, the article 294 of this legal text requires the application of the Labour Code; therefore the indemnity shall correspond to the sum of: i) 18 days of basic salary for each completed year of service, regarding the 3 first years ii) 12 days of basic salary for each completed year in what concerns the subsequent years The rules provided for in the Labour Code, are also applicable in the case of the unfixed term employment contract If the pre-notice time limit shall not be complied with, the public employee is entitled to the basic salary corresponding to the missing period Notes - For the purposes of calculation, the daily compensation is equal to the thirtieth part of the monthly basic salary - The fraction of the year shall be taken into consideration for the indemnity proportionally |