Unfixed term employment contract

The unfixed term employment contract expires when the occurrence of the unfixed term is foreseen and the employer entity 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 applied

- 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 a 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