APPOINTMENT

APPOINTMENT

» Scope

The public employment relationship of public employees performing activity in the framework of attributions and competences provided for in article 8 of the General Labour Law in Public Functions assumes the form of appointment

» effective for: The Military (generic and specific missions of Armed Forces in permanent establishment plans);The Foreign Office; State Security Information; Criminal Investigation; Public Security; Inspection Activities;

» Modes

The appointment may be carried out for an indefinite period of time or for a fixed or unfixed temporary period of time; the norms related to the provisional appointment are applied to the fixed or unfixed temporary employment contract (with exception of attributions and competences relating to the Armed Forces missions in permanent establishment plans)

» Form

The appointment takes the form of order, of which a reference to the permissive legal norms and information on the budget commitment shall be set out

» Acceptation

The acceptance is a public and personal act whereby the appointee declares to accept the appointment

» Effects of acceptance

The acceptance determines the commencement of functions for all legal effects, namely the pay of the compensation and calculation of the length of service, save exceptions (See Appointment ? Extension of the time limit for acceptance)

» Time limit for acceptance

The time limit for the acceptance is of 20 days, calculated on a continuous basis, since the date of publication of the appointment act in the 2nd Series of the Official Gazette

» Extension of the time limit for the acceptance

The time limit for acceptance may be extended for determined periods in cases of disease, enjoyment of holidays or others justified situations; the time limit for acceptance is automatically extended in cases of absence for maternity, paternity or adoption in the framework of the parenthood system and in cases of absences due to accident on duty or occupational disease

In cases of automatic extension of the time limit for acceptance of lifetime appointment, the pay of compensation has retroactive effects to the date of publication of the acceptance act and the calculation of length of service retroacts to the date of the practice of the appointment act for an indefinite period of time

The extension has as a limit the end of the respective situations

» Absence of signature and acceptance

The competent public entity for the signature of the acceptance document shall not refuse to do it under penalty of civil, financial and disciplinary liability

Lack of acceptance by the appointee determines the expiration of the appointment act and the same may not be repeated in the procedure in which it has been conducted