Cessation of public employment relationship: “the legal status of contractors” | 2015

Author(s) Sandra Patrícia Pinto Lopes
Advisor(s) Maria Irene da Silva Ferreira Gomes
Year 2015

Synopsis In the current legal framework in force in the context of public employment, the work contract in public functions takes the form of excellence in the constitution of the legal relationship of employment. This circumstance arises from an approximation inevitable to the legal regime of private labor relations, with the consequent amendment of the traditional career model of the Portuguese Public Administration. In the present study, after dissect the main differences between the current and the old constitution regime of legal relationship of public employment, we sought to analyze the extent to which this new employment model based on the work contract entails changes in the legal regime of extinction the bond. Taking the essential aim of this problem, we present the general framework of the cessation causes of public employment relationship, deepening then, the objective causes, seeking to establish a comparison between public and private employment. We chose this theme by be problematic, challenging and, above all, current, since the recent Law no. 35/2014, of 20 June, document that approves the General Labor Law in Public Functions, significantly changed the legislative building built for the termination of the work contract in public functions. It is therefore the final stage of the legal relationship of public employment which we deal in particular, essentially seeking to respond the following questions: i) To what extent the Portuguese Constitution has influenced the current status of public employment, particularly in the area of cessation of the employment relationship? ii) The possibility of termination of the contract in public functions following a reskilling process covers all the old ways of dismissal objective? iii) It is configurable, in future, the existence of a single legal framework of cessation causes of public employment relationship for contractors and for appointed?

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2018-02-07T11:10:08+00:00