c) Remarks
Case Q-5044/15
Entity addressed: Secretary of State Assistant and of Education
Date: 2016.04.12
Subject: One-year contracts celebrated with teacher of public elementary, basic and
secondary schools in 2014 and 2015. Retroactive effects of contracts
Status: Not accepted
In 2014 and 2015 several services of the Educational Administration issued official
information that stated that all teachers who, in consequence of the recruitment procedures of those years, had been selected for a full-year contract would benefit from the
retroaction of the effects of those contracts (retribution and count of service time) – even
if, because of the delay in concluding the tenders, they were called to start working only
after the date the employment contract was due to begin.
As a result, some teachers received the salary due as retroactive effect of the contracts
celebrated in 2014. But by August 2015, the Educational Administration decided that
the contracts should not have retroactive effects where retribution was concerned, so the
teachers that were hired in 2014 and that didn’t receive any amount as a retroactive effect
of their contracts, were not repaid as their colleagues.
The Ombudsman noted that the Administration, in order to comply with the principles of good-faith, protection of legitimate expectations and equality, is bound not to act
in contradiction with the orientations itself adopts and publicizes, unless there are solid
grounds to do so and provided that already stabilized situations are not affected.
Albeit the remarks of the Ombudsman, the Educational Administration failed to
comply with what was promised to teachers in 2014 and 2015 and to treat all teachers
equally, by not repaying to the plaintiffs the retribution due as an effect of the retroaction
of contracts.
•
Case Q-6520/15
Entity addressed: Psychiatric Hospital Centre of Lisbon
Date: 2016.04.12
Subject: Succession of employment contracts. Termination of contract. Compensation due to employer in case of breach of prior notice period
Status: The entity addressed decided to wait for the result of court cases meanwhile
initiated
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