The government proposes key public sector employment law changes in OE2025, including sick leave, mobility, and strike regulations, amid union opposition.
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Government Proposes Public Sector Employment Law Changes in OE2025

The government will meet with public administration unions this Tuesday to negotiate legislative authorizations outlined in the 2025 State Budget. These proposals aim to revise policies related to sick leave, mobility, strikes, and vacation regulations in the public sector.

Union Meetings Scheduled

The Federation of Public Administration and Public Purpose Entities Trade Unions (Fesap) will meet first at 9:00 AM, followed by the Trade Union Front, led by the State Technical Staff Union (STE), at 10:15 AM.

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The National Federation of Trade Unions of Workers in Public and Social Functions (Frente Comum) will meet at 11:30 AM.

Key Legislative Proposals In The 2025 State Budget

One of the legislative authorization requests in the 2025 State Budget proposal (OE2025) highlights the government’s intent to amend various provisions of the general public employment law. These changes target areas such as sick leave justification, the mobility consolidation regime, holiday entitlements, and advance strike notice requirements.

The OE2025 proposal outlines that the planned changes aim to align the rules for illness certification between workers under the general regime and those under the convergent social protection regime. Additionally, the proposal seeks to revise the mobility consolidation regime.

However, the proposed changes regarding other areas, such as holiday entitlements and advance notice of strikes, remain unclear. The specifics of these amendments have not been detailed in the proposal.

Proposed Amendments By PSD And CDS-PP

The PSD parliamentary group, in collaboration with its government partner CDS-PP, has submitted a proposal to amend this legislative authorization request.

According to the proposal, one of the key objectives for amending articles related to illness justification and proof requirements is to harmonize procedural rules for illness justification and means of proof across different social protection schemes.

2025 State Budget
2025 State Budget – Proposed Amendments By PSD And CDS-PP

The proposal also aims to expand the services responsible for issuing certificates of temporary incapacity for work due to illness to include workers under the convergent social protection regime. This would align the process with the provisions already established for workers in the general social security regime.

Another objective is to increase the validity limits of certificates of incapacity due to illness for workers in the convergent social protection regime, particularly for more serious or prolonged conditions. This would align the validity period with the limits set for workers under the general social security regime.

Public Sector Employment Law Changes – Mobility and Salary Position

Regarding the waiver of the agreement from the body or service of origin for mobility, as well as the article on consolidating mobility within the category, the proposed amendment aims to strengthen procedural guarantees in cases where the top manager of the service of origin does not make a decision.

The amendment specifies that a six-month period is considered reasonable for the service of origin to prepare for the worker’s departure.

public sector employment law changes
public sector employment law changes – Public Sector Employment Law Changes – Mobility and Salary Position

The amendment adds that, despite the standard period of 10 working days established in the Code of Administrative Procedure, the legislator did not set any specific deadline for the service of origin to respond to mobility requests addressed to it.

Regarding remuneration in the event of mobility, the objective is to ensure transparency by including in the mobility offer the possibility of remuneration for the salary position immediately following the one held by the worker.

The proposal also mentions the clarification and harmonization of the rules applicable to pay positioning in mobility situations, aiming to eliminate issues related to the placement of workers between salary positions.

Holiday Entitlement and Strike Notification Proposals

The PSD and CDS-PP proposal regarding public servants’ holidays aims to increase human resources management capabilities, particularly in managing and allocating holiday periods during times most desired by workers. Additionally, the proposal seeks to extend the period for holiday allocation.

Regarding advance notice of a strike and the method of communication, the proposal suggests that the notification be required in writing, preferably through electronic means.

The proposal concludes that timely knowledge of advance strike notices involving imperative social needs is essential for implementing legally mandated mechanisms to define minimum services and ensure their provision during a strike.

Pilot Project for Performance Evaluation System

The OE2025 proposal also includes another request for legislative authorization from the government, which is set to be discussed today.

This request aims to create a pilot project in the field of the integrated management and performance evaluation system for services, managers, and workers, regardless of how the public employment legal relationship is established.

2025 State Budget
2025 State Budget – Pilot Project For Performance Evaluation System

In this pilot project, the government plans to reformulate the concept and meaning of the objectives to be set for services, managers, and workers, ensuring they align with previously established goals and strategies.

Additionally, the project aims to review the criteria and quotas for awarding performance bonuses, as well as simplify and reduce bureaucracy in the process of evaluating public servants.

On the other hand, the project foresees establishing mechanisms for recognizing merit, innovation, and the impact of performance both within the service or organization and across the broader Public Administration.

Opposition To Proposed Changes

The opposition has already expressed its opposition to the legislative authorizations included in the proposal.

The PCP has proposed a measure to eliminate the legislative authorizations requested by the government to change the right to strike, vacation, mobility, and illness in the public service. Meanwhile, the Left Bloc has called for their revocation.

The parliamentary leader of the PS has acknowledged that the request for legislative change could be unconstitutional and has left the possibility open for voting against it in the specialized discussion.

Both of these requests for legislative authorization have a duration of 365 days.

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