Was published last Friday diploma approving the General Labour Law in the Public Function (Law n. º 35/2014, 20:06, hereinafter “LGTFP”) will enter into force on the 1st of August.
The LGTFP is creating a revolution in the field of systematization and harmonization of laws applicable to the traditional status of civil servants.
The fundamental objective of LGTFP is to unify all the legal regime applicable to the Public Service, giving it a working one scheme and systematic able to gather the essential treatment applicable to those workers.
The intended legislative sanitation is demonstrated by the more than 400 articles LGTFP, they replace, revoking collectively, more than 10 statutes that, to date, all the statute regulating the civil service.
From a substantive point of view, we highlight the following aspects:
- Expressed approximation of the bond of public employment to the Labour Code and its subsidiary legislation, making these qualifications also applicable to the employment system of public workers;
- Trend Match the system of workers with ties to public employment scheme workers with private employment relationship with the specificities of public nature and the constitutional system of public employment relationship;
- Determination of the employment contract in public functions as a rule of creating the relationship of public employment, notwithstanding the maintenance of procedures for appointment and commission;
- Densification of the materials, without prejudice to the application of the rules of the Labour Code and its subsidiary legislation, continue to justify a separate treatment, particularly in terms of human resource management, recruitment of employees, disciplinary power, termination of contracts of employment and public negotiation and collective bargaining.
- Unification of the civil service employment system.
Note that the application of the Labour Code and its supplementary legislation to the public employment relationship is, in some matters, exclusively governed these diplomas, subject to adjustments as necessary.
This applies, in particular, of parenting, the rights of personality, time of work and the worker-student scheme.
The LGTFP has the virtuality of wanting to be a unitary terms of employment of public servants.
We can only wait for the practical consequences of the intended privatization of Portuguese public service.
Contact:
Tania Ferreira Osorio – [email protected]