Establishes The Common System Of Mobility Between The Services Of The Employees And Agents Of The Public Administration To Your Rational Utilization

Original Language Title: Estabelece o regime comum de mobilidade entre os serviços dos funcionários e agentes da Administração Pública visando o seu aproveitamento racional

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624467784c5667755a47396a&fich=ppl81-X.doc&Inline=false

1 PROPOSAL of law No. 81/X explanatory memorandum to the Government, in your program and in the stability and growth Programme for the period 2005 to 2009 recommends, as an essential part of the growth strategy for the Country, the modernization of public administration. Among the various measures envisaged include those that aim to contribute to the full enjoyment and exploitation of its resources, especially human resources, with a view to modernising and improving the quality of public services. With this draft law, governing the common system of mobility between services of the employees and agents of direct and indirect State Administration, aims to raise the efficiency in management and staff mobility, flexibility in the instruments of mobility between existing services and adopting new measures to promote training, retraining or resumption of work for staff , in public administration and in other sectors, without prejudice to the maintenance of the General system of geographical mobility incentives established by Decree-Law No. 190/99, of 5 June. This proposal of Law qualifies as instruments of General mobility between services transfer, barter, the requisition, secondment and assignment to the respective changes, introducing special schemes in order to make them more operational. Also dedicates the figure of earmarked, in order to respond to situations of greater transience, and may involve the setting of special conditions of work provision, without changing the status of the worker. As part of the transfer, requisition and posting widen the situations in which it is not necessary to obtain permission from the source service or consent of the employee, in this case in situations of manifest reasonableness – workstation that is located in the municipality of residence – or have already obtained agreement within the framework of social dialogue. 2 are even referred to other instruments of mobility, these special, context-driven to extinction, merger and restructuring or streamlining of staffing, and the withdrawal of the legal regime in force, that the practice has proved unable to encourage staff mobility and promote your skills and develop new skills. It is expected that the staff of the services which are the subject of extinction, merger and restructuring or rationalization of manpower, apply the instruments of redeployment of staff – in cases of merger or restructuring of services with assignments or skills transfer to different services, and placing in special mobility situation in all cases where these in the context of reorganization of services, may not be retained or reused for other non immediately to other services. It was designed a process to support the staff placed in situation of mobility that develops through three phases: the transition (first 60 days), the rehabilitation phase (10 months) and the stage (beginning after the requalification phase). The support process ceases only with the resumption of duties, retirement, unbinding Government or voluntary application of disciplinary penalty expulsiva of public administration. The first two stages, although in another form, already exist in current legislation. The third is now created, with reduction of the consideration is balanced by the possibility of engaging in any other occupation. Are still laid down important measures applicable to personnel placed in situation of mobility especially during the various stages of the process, some destined to strengthen their professional skills, creating better conditions to restart functions, other supporting the retraining or professional reorientation, and still others to encourage mobility and the resumption of business, public administration or outside it. In this context, widens the possibility of staff placed in a situation of special mobility restart functions, on a transitional basis or indefinitely in public associations and public business entities, ensuring the Administration part of the remuneration payable to the worker, and in private social welfare institutions, upon the conclusion of protocols for the effect. 3 on the other hand, allows the staff placed in special mobility situation whose functions in restart entity located in the area of the municipality of residence or your previous place of work is not feasible to be placed in any other municipality, provided that certain conditions are satisfied, namely accessibility. Creates an extraordinary license, which gives the right to a monthly subsidy, allowing the staff placed in special mobility situation whom the license has been granted the exercise of any gainful occupation outside the administration. Even as the possibility of voluntary disengagement with compensation, it is understood that this is not the opportune moment to proceed to your rules. In the light of the past experience, believes the Government should be in place the mechanisms now provided for and evaluate its results before proceeding with the appropriate regulation. Finally, guarantees the application of the scheme provided herein shall to public entities and prevent recruitment, indefinitely, of people for the services of direct and indirect State Administrations and Local without previously has been guaranteed the absence, in the career or category concerned, as appropriate, of personnel on special mobility situation. Must be heard the Government organs of the autonomous regions and the representative associations of local authorities.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: Chapter I subject matter, scope and mobility instruments Article 1 subject-matter 1. This law establishes the common system of mobility between services of the employees and agents of the Administration, aiming at your rational utilization. 4 2. The preceding paragraph shall not affect the validity of the specific instruments applicable to mobility special bodies, the special regime careers and personnel engaged in external peripherals functions of the State.

Article 2 scope of application


1. this Act applies to all services of direct and indirect State administration, with the exception of public business entities. 2. external peripheral services of the State are only subject to the provisions of this law concerning the General mobility instruments. 3. this law shall apply to the services of the regional and local administration, with the exception of the respective Governments, directly and immediately with regard to the resumption of service functions of staff placed in special mobility situation, and through adaptation by diplomas in other materials themselves.

Article 3 1 mobility instruments. Mobility operates through General mobility instruments and special mobility. 2. General mobility instruments Are: a) the transfer; b) barter; (c)) the request; d) the secondment; and) earmarked; f) the special. 3. Are special mobility instruments: a) redeployment; b) resumption of personal functions placed in a situation of special mobility.

Chapter II General Mobility 5 article 4 1 Transfer. The transfer consists in the appointment of the employee, without prior approval in contest for vacant of the other service: a) of the same category and career; b) Of different career since the qualifications required requirements are identical and there is no identity or functional content affinity between careers. 2. no transfer can result the filling vacancies put out to tender at the date of issue of the order that the grant or determines. 3. The transfer is done at the request of the employee, provided that the interest and convenience of administration, or for this initiative and with the agreement of that. 4. The agreement of the employee is dismissed in the case of the transfer occur for service located in the municipality of your source or service of your residence. 5. The agreement of the employee is also waived if the service of origin or residence of the employee is located in the municipality of Lisbon or Porto and the transfer occur for service located in municipality areas with any of those. 6. The transfer may still occur for any other municipality, with exemption of the agreement of the employee, provided that the following conditions arise, measured on the basis of the use of public transport: a) does not involve monthly expenses for journeys between home and the workplace in excess of 10% of the total gross monthly remuneration or, being superiors do not exceed the monthly expenses for journeys between residence and source service; (b)) the time spent in those movements do not exceed 25% of working time or exceeding it, does not exceed the time spent on journeys between residence and source service. 6 7. The transfer does not depend on when service authorization occurs: a) To the peripheral services of the State and local authorities; (b)) at the initiative of the employee, since it founded target service, interest recognized by order of the respective Member of the Government. 8. The transfer of an employee appointed in place to extinguish when roam do to vacant, or to create and extinguish when wandering in the establishment plan for the target service.

Article 5 Exchange 1. The Exchange is reciprocal and simultaneous appointment of officials belonging to different service personnel and may occur for vacant spot of the table in another service: a) of the same category and career; b) Of different career since the qualifications required requirements are identical and there is no identity or functional content affinity between careers. 2. The switch shall apply, mutatis mutandis, the provisions of paragraphs 2 to 8 of the previous article.

Article 6 request and detail 1. The term request and posting the exercise of functions on a transitional basis in service other than the one to which the employee or agent, without occupation of place, being the expenses borne by the Office of destination, in the case of the request, and by origin, in the case of the posting. 2. The requisition and posting will be done for the category and career the employee or agent already holds. 3. The request can still make up for the next higher category of the same or to different career category, since the employee or agent fulfils, in both cases, the legal requirements for their provision. 7 4. The request and the posting are made for periods of up to one year, renewable up to a maximum of three years. 5. The request and the detachment have no duration limit in cases where, in accordance with the law, the functions may be carried out in those schemes. 6. the Office of origin may make the authorization to your commitment to, after the period of one year, if you transfer to the target service or the return to the origin. 7. The secondment to another service always lacks source service authorization. 8. Once the time limit referred to in paragraph 4: a) the employee or agent returns the source service is compulsory and cannot be requested or assigned to the same service during the period of one year; or (b)) the employee is transferred to the where service is requested or assigned to vacant their table, or to create and extinguish when roam, by applying mutatis mutandis the provisions of article 4. 9. Without prejudice to paragraph 7, to request the posting and shall apply, mutatis mutandis, the provisions of paragraphs 3 to 7 of article 4.

Article 7 Refusal of transfer or requisition 1. In cases where lack of permission from the source service, the transfer and the solicitation of employees and agents may only be rejected when based on essential reasons for the service. 2. The refusal referred to in the preceding paragraph depends on order of approval of the Member of the Government that depends on the service and should be reported to the service and to the official or servant concerned within 30 days from the date of entry of the application in the source service. 3. The lack of communication of refusal within the time determines the granting of the application. 8 article 8 earmarked


1. the allocation of specific employee or agent the Office your own category and career in another service or public legal person, for satisfaction of specific and transitional needs. 2. The specific allocation is determined by joint decree of the maximum leaders of the services involved, for your initiative or at the request of the employee or agent. 3. The order referred to in the preceding paragraph lays down the arrangements for the provision of work of the employee or agent affecting, particularly in terms of time and without prejudice to the arrangements for weekly work duration. 4. The specific allocation is made for periods up to six months, extendible up to a year. 5. Unless otherwise agreed, is the charge source service remuneration of duties in another service. 6. The special-purpose shall apply, mutatis mutandis, the provisions of paragraphs 4 to 6 of article 4.

Article 9 special 1-providing. With the agreement of the employees and agents who have given your express consent in writing may serve in other public legal persons under contract with suspension of your employee or agent status pursuant to this article. 2. The special subject the employee and agent to the orders and instructions of the legal person, where will provide functions, being remunerated for this under the terms of the agreement. 3. The exercise of disciplinary authority the public legal person accepting Office, except when it is concerned the application of disciplinary penalties expulsivas. 4. the official or agent assigned is entitled: a) the count, in the category of origin, time of service under contract of employment; 9 b) to opt for maintaining the social protection regime of the public service, focusing on the amount of rebates that you would pay in the Office of origin; (c)) to be opposed to personal contests in public employment scheme which meets the requirements under the respective regulatory law. 5. In the case referred to in point (b)) of the preceding paragraph, the public employer must contribute to the financing of the pension scheme managed by Caixa Geral de Aposentações in percentage is generally established for the contribution of employers in the social protection system of civil service pension. 6. The Special-providing contract expires in the case of point (c)) of paragraph 4 by the provision as a result of competition, without prejudice to a new transfer agreement. 7. The behaviour of the employee or agent assigned have relevance in the context of the legal relationship of public job, and the disciplinary procedure that such disciplinary offences established respecting the Disciplinary Status of the employees and agents of the public administration.

Article 10 extension of the scope of the special assignment 1. The arrangement provided for in the preceding article is still applicable to officials and other staff providing legal persons, when there are reasons of public interest which justify the disposal. 2. Except as provided in paragraphs 2 and 3 of the previous article, and with necessary adaptations, shall also apply the scheme of transfer in cases where an employee or agent of a staff of a public legal person going on to serve in the same legal person under a contract of employment.

Chapter III Special Procedures section I Mobility generators of special mobility instruments 10 article 11 1 Enumeration. The personnel who have the quality of an employee or agent of the services which are the subject of extinction, merger and restructuring or rationalisation of staff can be kept in the respective service, subject to mobility instruments or placed in special mobility situation, according to the following procedures: a) procedure in case of extinction; b) procedure in the event of the merger; c) procedure in case of restructuring; d) procedure in case of rationalisation of staff. 2. The preceding paragraph shall also apply when the subject of the arrangements for the reorganization of services is defined in paragraph 5 of article 3 of the Decree-Law n.o .../2006, of ... 3. For the purposes of this chapter, it is considered that Integrator service that integrates tasks or responsibilities transferred to another service or personnel, for special mobility, it is reafecto. 4. In the cases referred to in paragraphs 1 and 2, the placement in special mobility situation, contained in this section does not prevent the voluntary option for this situation, since the consent of the maximum leader of the service. 5. Outside the cases referred to in paragraphs 1 and 2, can be given order by members of the Government responsible for the finance and Public Administration, published in Diário da República, defining, for time periods, groups of people, careers or categories and age groups of staff may request placement in special mobility situation.

Article 12 procedure in case of extinction


1. The procedure set out in this article shall apply to cases of extinction of services. 2. During the process of extinction arises also the period of voluntary mobility of staff, during which cannot be refused the requests of 11 General formulated by other mobility services. 3. To support voluntary mobility referred to in the preceding paragraph the list of staff of the defunct service is published, by determining your maximum leader, on public employment (BEP), up to 5 working days after the initiation of the proceeding. 4. voluntary mobility with respect to staff referred to in paragraph 5 of article 4 of Decree-Law No. ...../2006, ... ..., shall take effect on the date on which complete the process of extinction. 5. Without prejudice to the preceding paragraphs, the staff exercising functions in the defunct service, on a Commission basis, Commission service of extraordinary service, requisition, secondment or other instrument of General mobility, as a transitional measure, return to origin or ceases service functions, as appropriate, on the date of completion of the process. 6. The staff of the Office defunct, who performs functions in another service in one of the arrangements referred to in the preceding paragraph, in the exercise of these functions, except if this service has been extinguished or has been subject to mobility instrument or placed in a situation of special mobility. 7. The staff of the defunct service, under any unpaid leave, remains in this situation, by applying the respective regime and being placed in situation of mobility especially when ceasing the license. 8. Complete the process of extinction, the Government approves, by order published in the Gazette, the nominative list of staff who, having obtained placement pursuant to paragraph 2 or meeting in the situations provided for in paragraphs 5 to 7, is placed in a situation of special mobility, which shall take effect on the date of that conclusion. 9. In the case of personnel referred to in paragraph 6, the exercise of functions on a transitional basis for the period of one year after the extinction of the source service determines your automatic conversion, by choice of the person concerned, in Office indefinitely, rather vague or created to extinguish when roam, with the nature of the bond and on career, category, rank and index the employee or agent holds in origin. 10. In the case of the personal scheme of service where the functions are exercised on a transitional basis does not allow the application of the preceding paragraph, can the interested opt for your assignment, in full exercise of functions, the General Secretariat or Government Department of human resources of the Ministry in which the service was extinct. 12 11. In case of not being exercised any of the options provided for in the preceding paragraphs, the worker is placed at the end of that transitional exercise functions, in particular mobility situation.

Article 13 procedure in case of merger


1. The procedure set out in this article shall apply to cases of merger of services. 2. The degree that determines or fixes the fusion takes place general criteria and abstract European personnel selection is necessary for the carrying out of duties or the exercise of the powers transferred and which must be reafecto to the service Integrator. 3. With the entry into force of the organic Integrator service diploma starts the procedure for reassignment of personnel, and the maximum leader of the service Integrator, heard the maximum leader of the defunct service, prepare: the) list of activities and procedures that must be operated for the attainment and exercise of the duties and responsibilities to be transferred and for the achievement of objectives in accordance with existing budgetary availabilities; b) list of posts needed to ensure the activities and procedures referred to in the preceding sub-paragraph, sub-unit or peripheral State organic without legal personality, where appropriate, identifying the career and functional areas, habilitacional and geographical, when necessary, with the reasons therefor and in accordance with existing budgetary availabilities; c) thematic map the number of existing herds in the defunct service, the number of posts previously allocated to the continuation of the duties or the exercise of the powers transferred and the number of jobs referred to in the preceding paragraph. 4. the lists and the map referred to in the preceding paragraph are submitted for approval, the Member of the Government that depend on the service Integrator, as well as to members of the Government responsible for the finance and Public Administration. 5. The lists referred to in the preceding paragraphs, after approval, are publicised in the local service that becomes extinct, after that start 13 operations to reallocate personnel selection when the number of jobs is lower than the number of previously allocated to the continuation of the duties or the exercise of the powers transferred. 6. For personnel selection to reallocate apply the methods referred to in articles 16 to 18. 7. personnel to reallocate, selected, when necessary, the operations and methods referred to in the preceding paragraphs, is reafecto the service Integrator with effect from the date is fixed in the order of the maximum leader of this service to redeployment. 8. the staff exercising functions in the defunct service, on a Commission basis, Commission service of extraordinary service, requisition, secondment or other instrument of General mobility, as a transitional measure, when reafecto is not in accordance with the provisions of the preceding paragraph, returns to the source or ceases service functions, as appropriate, on the date specified in that paragraph. 9. The staff of the Office defunct, who performs functions in another service in one of the arrangements referred to in the preceding paragraph, in the exercise of these functions, except if this service has been extinguished or has been subject to mobility instrument or placed in a situation of special mobility. 10. The staff of the defunct service, under any unpaid leave, remains in this situation, by applying the respective regime and being placed in situation of mobility especially when it ceased. 11. The other staff that, cumulatively, exercising functions in the defunct service, don't be reafecto under paragraph 7 and did not include the provisions laid down in paragraphs 8, 9 and 10, is placed in a situation of special mobility, for nominative list approved by leader referred to in paragraph 7 of this article or by maximum leader responsible for coordinating the process, as appropriate to be published in the Official Gazette, which shall take effect on the date of the redeployment of staff to the service Integrator. 12. After the reallocation referred to in paragraph 7, the procedure referred to in article 15 can be applied to other staff of the service Integrator. 13. Is correspondingly applicable pursuant to paragraphs 9 and 10 of the previous article. 14 article 14 procedure in case of restructuring


1. The procedure set in paragraphs 2 to 6 shall apply to cases of restructuring of services without transfer of powers or skills. 2. With the entry into force of the Act making the restructuring, the maximum leader of the service draws up: the) list of activities and procedures that must be operated for the attainment and exercise of the duties and responsibilities and the achievement of objectives in accordance with existing budgetary availabilities; b) list of posts needed to ensure the activities and procedures referred to in the preceding sub-paragraph, sub-unit or peripheral State organic without legal personality, where appropriate, identifying the career and functional areas, habilitacional and geographical, when necessary, with the reasons therefor and in accordance with existing budgetary availabilities; c) thematic map the number of existing staff in the service and the number of jobs referred to in the preceding paragraph. 3. the lists and the map referred to in the preceding paragraph are submitted for approval, the Member of the Government that depend on the service, as well as to members of the Government responsible for the finance and Public Administration. 4. When the number of jobs is lower than the number of existing staff in service, there's nowhere to placing in special mobility situation. 5. For the purposes of the preceding paragraph, include in existing in the service personnel who pursues functions to any of the securities referred to in paragraph 8 of the previous article, if excluding the personnel mentioned in paragraphs 9 and 10 of the same article. 6. For selection of staff to put in situation of mobility especially apply the methods referred to in articles 16 to 18. 7. The procedure regulated in the following paragraphs shall apply to cases of restructuring of services with assignments or skills transfer to different services. 15 8. The diploma that determines or fixing the restructuring takes place general criteria and abstract European personnel selection is necessary for the carrying out of duties or the exercise of the powers transferred and which must be reafecto to the service Integrator. 9. With the entry into force of the organic Integrator service diploma starts the procedure for reassignment of staff and maximum leader of the service Integrator, heard the maximum leader of the restructured service, prepare: the) list of activities and procedures that must be operated for the attainment and exercise of the duties and responsibilities to be transferred and for the achievement of objectives in accordance with existing budgetary availabilities; b) list of posts needed to ensure the activities and procedures referred to in the preceding sub-paragraph, sub-unit or peripheral State organic without legal personality, where appropriate, identifying the career and functional areas, habilitacional and geographical, when necessary, with the reasons therefor and in accordance with existing budgetary availabilities; c) thematic map the number of existing personnel in the restructured service, the number of posts previously allocated to the continuation of the duties or the exercise of the powers transferred and the number of jobs referred to in the preceding paragraph. 10. the lists and the map referred to in the preceding paragraph are submitted for approval, the Member of the Government that depend on the service Integrator, as well as to members of the Government responsible for the finance and Public Administration. 11. The lists referred to in the preceding paragraphs, after approval, are publicised in the restructured service locations, after which begin operations to reallocate personnel selection when the number of jobs is lower than the number of previously allocated to the continuation of the duties or the exercise of the powers transferred. 12. For staff selection to reallocate apply the methods referred to in articles 16 to 18 13. Staff to be redeployed, selected, when necessary, the operations and methods referred to in the preceding paragraphs, is reafecto the service Integrator with effect from the date to be laid down in order to set the maximum leaders of the 16 services Integrator and restructured to carry out the redeployment. 14. After the redeployment, the procedure referred to in the following article can be applied to other staff of the restructured service, as well as the Integrator service.

Article 15 procedure in case of rationalisation of staff 1. The procedure set out in this article shall apply to cases of actual rationalization. 2. With the entry into force of the decision determining the rationalization of manpower, the maximum leader of the service draws up: the) list of activities and procedures that must be operated for the attainment and exercise of the duties and responsibilities and the achievement of objectives, in accordance with existing budgetary availabilities; b) list of posts needed to ensure the activities and procedures referred to in the preceding sub-paragraph, sub-unit or peripheral State organic without legal personality, where appropriate, identifying the career and functional areas, habilitacional and geographical, when necessary, with the reasons therefor and in accordance with existing budgetary availabilities; c) thematic map the number of existing staff in the service and the number of jobs referred to in the preceding paragraph. 3. the lists and the map referred to in the preceding paragraph are submitted for approval, the Member of the Government that depend on the service, as well as to members of the Government responsible for the finance and Public Administration. 4. When the number of jobs is lower than the number of existing staff in service, there's nowhere to placing in special mobility situation. 5. For the purposes of the preceding paragraph, include in existing in the service personnel who pursues functions to any of the securities referred to in paragraph 8 of article 13, of them excluding the personnel mentioned in paragraphs 9 and 10 of the same article. 6. In the case referred to in paragraph 4 the approval of members of the Government referred to in paragraph 3 is equivalent to the Act of recognition provided for in paragraphs 4 of article 3 and article 7 1 17 of Decree-Law No. .../2006, of ... 7. For selection of staff to put in situation of mobility especially apply the methods referred to in articles 16 to 18.

Article 16 Methods of selection


1. For personnel selection to reallocate or to put in special mobility situation, apply one of the following methods: a) performance assessment; b) professional Assessment. 2. The application of one of the methods referred to in the preceding paragraph is made according to the following criteria:) When the people of the same career has been assessed in the last year that this has taken place, through the performance appraisal system, applies the method referred to in point (a)); (b)) When the same career staff has been assessed in the last year that this has taken place through different systems of performance assessment, applies the method referred to in point (b)). 3. The selection procedure is opened by order of the manager responsible for the process of reorganization, which fixes the universe of personnel to be covered and the scope for your career and by functional areas, habilitacional and geographical, as well as the deadlines for your driving and conclusion, being advertised in places where the service's own staff carries out functions. 4. Set the final results of the application of the methods referred to in paragraph 1, are drawn up lists of named vessels, in descending order of results. 5. In the event of a tie, the guys is ordered on the basis of seniority, successively, in career and in the public sector, from largest to smallest. 6. The identification and ordering of staff are made on the basis of the framework fixed in accordance with paragraph 3, distinguishing the situations of employee and management. 7. The final result of each employee and agent and your positioning in the list are given by written document. 8. Redeployment of staff follows the order in the lists, starting with the concerning officials and exhausted these through to agents, so the 18 that the number of staff to be reused for other non-matches the number of jobs. 9. The placement of people in a situation of special mobility following the reverse order to the lists, starting with the regarding and, exhausted these, using the staff, so that the number of staff that remain in Office matches the number of jobs.

Article 17 application of performance evaluation method applying the method of performance evaluation is made, regardless of the category of personnel, in the following terms: by using qualitative classification) assigned and, in case of equality, the quantitative classification;

b) in the event of a tie, using successively the classification assigned in previous years, including, if necessary, obtained in different categories or career or through different performance appraisal system, operating, in this case, the equivalences required, pursuant to general legislation on assessment of performance.

Article 18 implementation of professional evaluation method 1. The application of the method of professional assessment is made, regardless of the category of personnel, in order to determine the adequacy of its features and professional qualifications to the requirements inherent in the continuation of the duties and exercise the powers of the service, as well as to the corresponding jobs. 2. The adequacy referred to in the preceding paragraph is determined by evaluating, on a scale of 0 to 10 values, of the following factors: the) level of professional knowledge relevant to the jobs in question; 19 b) level of professional experience relevant to the jobs in question. 3. the assessment of the factors mentioned in the previous paragraph is based on the employee or agent and your resume and analysis of their professional performance by two immediate superiors prior to the initiation of the procedure. 4. The order referred to in paragraph 3 of article 16 could determine that the evaluation of the factors referred to in paragraph 2 is done, together or not, through the provision of evidence, and may also establish scales of values and ways of calculating the final score other than those provided for in paragraphs 2 and 7. 5. In the case referred to in the first part of the preceding paragraph shall not apply the provisions of paragraph 3. 6. You can also integrate the assessment referred to in paragraph 2 the level of adaptation to the jobs in question, demonstrated through evidence appropriate to the functional content of the career. 7. The level of adequacy is expressed in a final score that results from the simple arithmetic average of the values assigned to the factors listed in paragraphs 2 and 6. 8. The final score is subject to approval by the manager responsible for the process of reorganization or by the holder of Office of superior direction of 2nd degree who delegate.

Article 19 form of placement in a situation of special mobility 1. Without prejudice to paragraph 8 of article 12 and paragraph 11 of article 13, in particular mobility situation makes for nominative list to indicate the link, career, category, rank and index of employees or agents, approved by order of the manager responsible for the process of reorganization, to be published in the Diário da República. 2. Without prejudice to the legal provisions subject to the preceding paragraph, the nominative list shall take effect on the day following your publication. 20 article 20 relevance of the category the career reference contained in this section shall be replaced by reference to categories when every one of the categories from career matches, legally, a certain number of employees.

Section II article 21 Redeployment Scheme 1. The redeployment is the integration, for an indefinite period or on a transitional basis, of an employee or agent on another service. 2. The redeployment is made without changing the linkage and, where appropriate, mobility instrument under which the employee or agent was Transiently functions, operating to the same career, category and rank.

Section III framing of the personnel in special mobility situation article 22 Process the staff placed in special mobility situation is part of a process that comprises the following stages: a) the transitional phase; (b)) re-qualification phase; c) Phase. 21 Article 23 transitional phase


1. The transition takes place during the period of 60 days, followed or interpolated, after placing the employee or agent in a situation of special mobility. 2. The transition period is intended to allow the employee or agent restart functions, pursuant to this law, without the need to carry out the frequency of vocational training which enable the resumption. 3. During the transitional period the employee or agent keeps the basic monthly remuneration corresponding to the category, rank and index source service detainees. 4. The provisions of paragraph 2 shall not prevent, for your initiative, by indication of the managing body of the mobility or selection procedure for resumption of duties, the employee or agent often vocational training. 5. The frequency of training for Public Administration's initiative is this burden.

Article 24 1 requalification phase. The requalification phase takes place during the period of ten months, followed or interpolated, after transition is complete. 2. The reclassification phase is intended to strengthen the professional skills of the employee or agent, creating better employment conditions and restart functions and which may involve, heard the interested, the identification of their abilities, motivations and vocations, the professional orientation, preparation and implementation of a rehabilitation plan, including vocational training, the evaluation of the results obtained and the support for the resumption of duties. 3. Without prejudice to paragraph 5, at the time of retraining the employee or agent receives a remuneration in the amount of five-sixths of the basic monthly remuneration corresponding to the category, rank and index source service detainees. 4. The frequency of vocational training must match the identified needs for services and, preferably, enter 22 concrete procedures of selection to restart functions in service. 5. The frequency of professional training after selection and as a condition for resumption of duties, confers right during your course, the basic monthly remuneration corresponding to the category, rank and index source service detainees. 6. Is correspondingly applicable the provisions of paragraph 5 of the preceding article.

Article 25 compensation phase 1. The compensation phase runs indefinitely, after refurbishment is complete. 2. The clearing phase is intended to support the official or servant whose functions do not restart has occurred in previous phases, and may involve vocational training frequency inserted into concrete procedures of selection to restart functions in service. 3. During the phase of compensation the employee or agent receives a remuneration in the amount of four sixths of the basic monthly remuneration corresponding to the category, rank and index source service detainees. 4. Is correspondingly applicable the provisions of paragraph 5 of article 23 and paragraph 5 of the preceding article.

Article 26 suspension and termination of process 1. The procedure laid down in this section ceases in respect of each employee or agent placed in situation of mobility especially when: a) Restart the exercise of functions in any public service indefinitely; b) retire; c) If unlink voluntarily in public administration; d) Suffer a disciplinary penalty expulsiva of public administration. 2. The procedure laid down in this section shall be suspended in respect of each employee or agent placed in situation of mobility especially when: a) Restart the exercise of functions in any public service under 23 in any of the transitional arrangements laid down in section VI; b) Pass any unpaid leave. 3. When given any of the situations referred to end in the preceding paragraph, the employee or agent is brought back on stage in the process of special mobility it was when he started.

Section IV legal and functional Complex of staff in situations of special mobility article 27 Principles 1. The people in situation of special mobility, without prejudice for further changes, the nature of the link, career, category, rank and index held, in the service of origin, the date of placing in that situation. 2. For the purposes of the preceding paragraph are not considered the posts, categories or functions exercised on a transitional basis, in particular with Commission schemes of service, request, earmarked and ingress stage in career, as well as in extraordinary Commission on services in installation scheme, and instead. 3. The people in situation of mobility especially can, without loss of that quality, serve as a transitional measure, in particular through the applicable instruments of General mobility, in either manner provided for in section VI.

Article 28 rights of the staff in the transition and rehabilitation phases


1. transitional phases and refurbishing, the people in situation of special mobility that is not in the performance of functions provided for rights enjoyed in the following paragraphs. 2. The people referred to in the preceding paragraph is entitled: a) monthly salary fixed in accordance with the previous section and article 31; b) To Christmas and holiday allowances calculated based on remuneration to that 24 is entitled; c) To family allowance for children and young people and additional benefits; d) vacation and licenses pursuant to general law; and) social protection and assistance in disease; f) At perks granted by Social Services in public administration; g) show the tender for provision in title, category or career to bringing together the requirements legally established; h) frequency of vocational training courses; I) support for future professional forwarding to the private labour market. 3. On-call time in a situation of special mobility is considered for the purposes of retirement pension and seniority in the public sector, in career and in the category. 4. For the purposes of quota discount to the Caixa Geral de Aposentações and calculation of retirement or survival, it is the remuneration received by the employee or agent in accordance with subparagraph (a)) of paragraph 2, unless the remuneration that auferiria if found in the exercise of functions. 5. personnel referred to in paragraph 1 have the right to require, at any time, your ticket to any of the following stages. 6. personnel in situations of special mobility which is to serve as a transitional measure enjoys the rights conferred to personnel with identical functions of the entity for which pay service, as well as, where appropriate, those laid down in points (a) to (g)) i) of paragraph 2 and paragraphs 3 and 5, and the Faculty of being opposed to the selection procedure referred to in article 34.

Article 29 staff Duties at the stage of transition and rehabilitation 1. And transition phases of refurbishment, the people in situation of special mobility that is not in the exercise of functions is subject to the duties provided for in the following paragraphs. 2. The people referred to in the preceding paragraph maintains the duties inherent to the civil service, other than those which relate directly to the exercise of functions. 25 3. This staff is forbidden to exercise any professional activity remunerated, except in the terms and conditions provided for in section VI. 4. The violation of the provisions of the preceding paragraph constitutes a serious disciplinary offence, punishable with the penalty of dismissal, to be applied by disciplinary procedure. 5. The people in situation of special mobility must be opposed to the selection procedure referred to in article 34 and him not giving up unjustifiably, as long as you check the following conditions: a) is open for not less than that category holds at the time of application; b) in the case of service set: i) in the municipality of previous your workplace or your residence; II) In any County adjoining the municipalities of Lisbon and of Porto, in the case of them reside or there is the previous your workplace; or iii) In municipality for which comply with the conditions laid down in paragraph 6 of article 4. 6. The same people also have a duty to attend the selection methods for application restart to that is drafted, as well as the attending vocational training actions for which it is indicated. 7. Those people still has a duty to accept the resumption of duties in any capacity and in any of the procedures laid down in section VI, checked the conditions referred to in paragraph 5. 8. The unjustified withdrawal of the selection procedure to which those people is mandatory challenger and unreasoned refusal to restart service functions determine, preceding simplified procedure: a) the reduction in twenty-five percentage points of the percentage applied to the determination of the remuneration received, the date of the first withdrawal or refusal; b) the unpaid leave, the date of the second withdrawal or refusal. 9. Faults the selection methods for resumption of duties in accordance with articles 35 and 36 which are not justified on the basis of the absence of regime officials and servants, the unsubstantiated denials of resumption of duties in 26 different entities or frequency of vocational training, as well as unreasoned DNF in the course of these , determine, preceding simplified procedure: a) the 10% reduction of remuneration at the date of first absence, refusal or cancellation; b) reduction in 20% of the remuneration received, the date of the second Miss, refusal or cancellation; c) reduction in 30% of remuneration at the date of the third missing, refusal or cancellation; d) the unpaid leave, at the time of the fourth, refusal or cancellation. 10. The above-mentioned staff has a duty to communicate to the service which is assigned any relevant changes of your situation, particularly with regard to obtaining new academic qualifications or professional qualifications or change of your permanent place of residence. 11. personnel in situations of special mobility which is to serve as a transitional measure is subject to the duties of the personnel with identical functions of the entity for which pay service, as well as to those provided for in paragraphs 5 and following when may to end the situation of special mobility.

Article 30 rights and duties of staff compensation phase 1. On stage, the people in situation of mobility especially enjoy, mutatis mutandis, to the rights provided for in article 28. 2. Without prejudice to the following paragraphs, such people are subject to the duties provided for in the preceding article. 3. That people can exercise any professional activity remunerated out of the terms and conditions provided for in section VI. 4. People are exempt from the obligation to attend the selection methods for resumption of duties in accordance with articles 35 and 36, as well as the correspectivo duty to accept such resumption. 27 Article 31 Change and guarantee of remuneration


1. The basic monthly remuneration considered for the purpose of calculating the compensation provided for in articles 23 to 25 is subject to update as the is staff remuneration in service effectiveness. 2. the remuneration referred to in articles 23 and 24 reduced by application of the provisions in paragraphs 8 and 9 of the article 29 Working Party replaces, for the purpose of calculating the compensation in the following stages of the process, the basic monthly remuneration corresponding to the category, rank and index source service detainees. 3. In any case, the remuneration may not be less than the national minimum wage.

Section V extraordinary License article 32 1 Scheme. The people in situation of special mobility is at the stage of retraining or compensation may require extraordinary license in accordance with the following paragraphs. 2. The duration of the license shall be on a case by case basis, in accordance with the required and may not be less than one year. 3. Regardless of your duration, the employee or agent may terminate the license situation past the first year, being, in this case, placed in the stage of compensation. 4. in the course of the license, the employee or agent is entitled to a monthly subsidy, pockets twelve times a year, corresponding to the following percentages value of remuneration that auferiria during the process in situation of mobility especially if it had not required the license: a) 70% during the first five years in a row or interpolated, on leave; b) 60% of the sixth to the tenth year in a row or interpolated, on leave; 28 c) 50% from the eleventh year in a row or interpolated, on leave. 5. If, at the time they apply for a license, the payment is reduced by application of the provisions in paragraphs 8 and 9 of article 29, is taken into account, only during the period of one year, to a monthly allowance calculation base. 6. In the license situation, the employee or agent may not engage in any gainful occupation outside the procedures laid down in articles 33 to 35 and are exempt of duties referred to in paragraphs 5 to 7 of article 29. 7. Engaging in any gainful occupation in the manner provided for in articles 33 to 35 constitutes a serious disciplinary offence, punishable with the penalty of dismissal, to be applied by disciplinary procedure. 8. the exercise of the activity referred to in the preceding paragraph does incur who authorized in civil liability and, where appropriate, to discipline, constituting serious disciplinary offence, punishable with the penalty of dismissal or termination of service, or equivalent, to be applied by a disciplinary procedure. 9. The staff in situations of extraordinary license shall apply, for the purposes of retirement, the staff on unpaid leave, which may, however, make the option referred to the exception provided for in paragraph 4 of article 28. 10. The grant of license is the responsibility of the members of the Government extraordinary responsible for finance and Public Administration.

Section VI Restart personal role in situations of special mobility article 33 in 1 service restart. The people in situation of mobility especially can restart functions in any service, on a transitional basis or indefinitely, as long as they meet the requirements legally established for that purpose. 2. the exercise of functions on a transitional basis for the period of one year determines, by the option your automatic conversion in Office indefinitely, with the nature of the bond and on career, category, rank and index 29 the employee or agent holds in origin, rather vague or create phasing out when roam.

Article 34 Selection to restart functions in 1 service. The selection of people in situation of mobility especially for resumption of service functions, on a transitional basis or indefinitely, is made by means of appropriate procedure. 2. The procedure starts with the advertising on BEP maximum leader dispatch service that fixes: a) the number of staff of personnel recruiting, career, or by category when necessary, and by functional areas, habilitacional and geographical, when required, and other application requirements; (b)) The selection methods and criteria; c) the composition of the jury of selection; d) the time limits of the procedure. 3. May only apply to the procedure for selecting the employees or agents in a situation of special mobility.

Article 35 Restart functions in other legal persons governed by public law 1. The people in situation of mobility especially can restart functions in public associations or public business entities. 2. In the situations provided for in the preceding paragraph, the employee or agent is entitled to the remuneration corresponding to the category, rank and index held, in the service of origin, the date of placing in special mobility situation, competing in the service that is 70% of that remuneration ensure affection and the legal person governed by public law the remaining amount. 3. In those situations, it is for the legal persons governed by public law to ensure the payment of the difference, if there is, between the remuneration to which the employee or agent has the right and the remuneration received by its staff with identical functions, plus meal allowances and other social benefits. 30 4. Withholding tax for the purposes of personal income tax and retirement pension and survival, as well as sickness, is made by the service to be assigned on the basis of the total remuneration received by the employee or agent. 5. the exercise of functions under paragraph 1 lasts no more than two years, after which the employee or agent is replaced by any license situation, unlinks-public administration or voluntarily ceases functions, being, in this case, applied the provisions of paragraph 3 of article 26. 6. The resumption of duties under paragraph 1 takes place on the initiative of the employee or agent, of the legal person concerned, the service that is affection or of the Fund Manager of mobility.

Article 36 Restart functions in private social welfare institutions the people in situation of mobility especially can restart functions, in accordance with the previous article, in private social welfare institutions that celebrate Protocol for this purpose with the managing body of mobility.

Article 37 decision to restart functions


It is the Fund Manager of mobility, heard the official or agent, take the final decision to restart functions in any of the procedures laid down in articles 35 and 36.

Section VII personal management in conditions of special mobility article 38 1 Allocation. The people in situation of mobility is assigned to the General Secretariat or Government Department of human resources of the Ministry in which 31 integrated service where, finally, worked. 2. The General Secretariat or Department referred to in the preceding paragraph: a) to payment of salaries and subsidies; b) practice the other acts related to that administration staff.

Article 39 1 mobility management Entity. The managing body of mobility is defined in its own diploma. 2. The managing body of the mobility competes, including: a) Promote or follow evaluation studies of the human resource needs of the public administration; b) monitor and streamline the support process to staff in special mobility situation, following and ensuring the application of criteria of impartiality and transparency and looking for the restart of your functions take place in the earliest stages of that process, namely: i) informing him about the open selection procedures; II) promoting the application to your record selection procedures referred to in article 34 when you check the conditions laid down in paragraph 5 of article 29, regardless of compliance with the corresponding duty on it fall; III) promoting your reclassification in accordance with article 24. c) Practice, when necessary in accordance with this law, acts relating to the resumption of and leaving the service performed on a transitional basis; d) Inform the secretariats-General or human resources departments of the practice of acts referred to in the preceding paragraph with regard to staff that they are assigned.

Article 40 transmission of information 1. Personal data in special mobility situation are inserted, the secretariats-General or Government departments of human resources in the Public Administration human resources (BDAP), 32 loading to occur always or data update, and BEP, within 8 working days of publication of the list names to put the guys in that situation. 2. The secretariats-General or the Government departments of human resources inform a worker about the loading or updating referred to in the preceding paragraph. 3. The service of the Ministry of finance and public administration competent in the field of information and communication technologies ensures the necessary technological supports to that management personnel, as well as communications between the services, the secretariats-General or Government departments of human resources and the management company of mobility.

Chapter IV transitional and final provisions article 41 prior Publicity of recruitment 1. No service of direct and indirect State administration and local administration with the exception of public business entities, can recruit staff for an indefinite period that is not previously assigned before running the procedure referred to in article 34. 2. Shall not apply the provisions of the preceding paragraph when the BEP query runs the lack, in career or category concerned, as appropriate, in particular mobility situation. 3. The recruitment of staff to follow the provided for in paragraph 1 refers to the date on which the advertising on BEP of the procedure concerning this. 4. The recruitment of staff not preceeded the provided for in paragraph 1 refers to the date on which the absence referred to in paragraph 2.

Article 42 Untying volunteer under in own diploma, may be considered proposals for untying 33 staff in voluntary mobility special situation through fair compensation.

Article 43 amendment to law No. 23/2004 articles 16 and 17 of law No. 23/2004, of June 22, shall be replaced by the following: ' article 16 [...]

1. Employment contracts concluded by public authorities are transferred to the subject that they will continue their duties laid down in the labour code for transmitting undertaking or business. 2. […]. 3. […]. 4. […].

Article 17 [...]

The extinction of the public legal person to which the employee belongs determines the expiry of employment contracts.»

Article 44 application of procedures to staff hired for an indefinite period 1. In case of extinction, merger, restructuring or streamlining of staff of a service where exercising personal functions with the qualities of an employee or agent and employee hired for an indefinite period, which is jointly and indiscriminately assigned to the continuation of the same duties or to exercise the same powers, cannot be established any distinction not legally provided for 34 that have underlying the employment scheme that links to the service. 2. in the case of the preceding paragraph, the decision about the working relationship of workers hired for an indefinite period shall be taken, in accordance with applicable law, after the application of the procedures set out in article 11. 3. The procedures referred to in the preceding paragraph they apply jointly and without distinction on all personnel referred to in paragraph 1.

Article 45 application to public business entities, the provisions of this law shall apply, mutatis mutandis, the staff that has the quality of employee or agent, although suspended by virtue of providing special agreement, and exercise or have exercised functions in the period immediately prior to your placing in special mobility situation in public business entities.

Article 46 Redeployment of staff currently placed in special situations of mobility


1. Are assigned to the General Secretariat of the Ministry of finance and public administration employees and agents currently assigned to transitional frames created by the Directorate-General for Public Administration under the law No. 1/95, of 14 January, and of Decree-Law No. 13/97, of 17 January, no. 14/97, of 17 January, no. 89-F/98 , of 13 April, no. 416/99, of 21 October and no. 493/99, of November 18. 2. Are assigned to corresponding Secretaries-General employees and agents currently assigned to transitional frames of supernumeraries at the secretariats-General created pursuant to Decree-Law No. 193/2002, of 25 September. 3. Are assigned to the General Secretariat of the Ministry of science, technology and higher education employees and agents currently covered by Decree-Law No. 359/88, of 13 October, and by Decree-Law No. 48/85, of 27 February. 4. Are assigned to the General Secretariat of the Ministry of education employees and agents currently covered by Decree-Law No. 407/89, of 19 November. 5. Employees and agents referred to in the preceding paragraphs shall apply, for all 35 purposes, the conditions of employment of staff in situations of special mobility. 6. The staff referred to in the preceding paragraphs that currently receives remuneration equal to or greater than that resulting from the application of the appropriate provisions of section III of Chapter III shall apply these legal provisions, starting the countdown of the time limits laid down therein with the start date of this law. 7. The people referred to in the preceding paragraphs that currently receives remuneration less than that resulting from the application of the appropriate provisions of section III of Chapter III shall apply these provisions from the moment that they would obtain higher remuneration kept the remuneration currently received. 8. For the purposes of the preceding paragraph, the count of the time limits laid down in the legal provisions referred to therein begins with the start of enforcement of this law. 9. For the purposes of the preceding paragraphs are made the budget transfers are justified.

Article 47 revision to this law is subject to revision following the publication of a new regime of links, careers and remuneration of public administration.

Article 48 shall be repealed: the set Standard) Law No. 1/95, of 14 January, and Decree-Law No. 13/97, of 17 January, no. 14/97, of 17 January, no. 89-F/98, of 13 April, no. 416/99, of 21 October and no. 493/99, of November 18, all with regard to the employment and conditions of employment to their staff; b) articles 25, 26, 27 and 27 of Decree-Law No. 427/89, of December 7, with the resulting wording of Decree-Law No. 175/95, of 21 July, Decree-Law No. 218/98, of 17 July, and of law No. 60/2005 of 30 December; c) articles 23 and 24 of the law No. 23/2004, of June 22; 36 d) still in force provisions of Decree-Law No. 193/2002, of 25 September.

Article 49 entry into force this law shall enter into force on the day following your publication.

Seen and approved by the Council of Ministers of 29 June 2006.

The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency